At the end of a busy first week of a new presidential administration, this post will focus on recent changes affecting international students, including the recent Executive Orders, and what international students can expect going forward.

First, there were some regulatory changes prior to inauguration that were positive for this group. Foreign students working in the US under OPT, the permitted period of post-graduate employment (within one’s field of study), who are seeking to adjust to a H1-B visa, now have one less thing to worry about. As per regulations passed in December 2024, students with submitted H1-B visa applications will have their F-1 visas extended until April 01 of the relevant fiscal year, addressing any potential gap between their F-1 expiration and the issuance of their H-1B.

On the other hand, international students who previously participated in any kind of demonstrations, protests, or other actions on their campuses in relation to Israel and Gaza may have cause for concern. This week’s Executive Order on Protecting the United States from Foreign Terrorists and Other National Security Threats reinstates enhanced visa holder vetting, potentially targeting individuals expressing support for the Palestinian cause—though the scope of such support and its interpretation remain unclear.

Even for students who were or are not politically active, the new administration’s broad enforcement measures are expected to impact F, J, and M visa holders by way of increased scrutiny. This heightened oversight will likely focus on compliance with visa conditions, such as unauthorized work and other regulated activities, even if executive orders thus far have not been specific to students.

Finally, it remains to be seen what additional changes may be coming that will impact foreign students. There is some room for optimism, as while campaigning, President Trump made mention of wanting to make it easier for foreign students to stay in the US after graduating from an American university.

Given the rapid pace of changes and the ongoing uncertainties, international students should remain diligent in monitoring developments that may affect them and ensuring full compliance with their visa requirements. Delays in processing times, particularly for employment authorization documents (EADs) under OPT, should also be anticipated. In navigating these complexities, professional legal counsel can be invaluable. Gray Whale Law is ready to help. If you need support, book a consultation here.