US Embassy Issues New Warning for Student Visa Holders

US Embassy Issues New Warning for Student Visa Holders

Why in News? 

Recently, the US Embassy issued an important advisory for students holding or applying for F-1 visas. The US reminded student visa holders that entry into the United States is a privilege, not a right. Breaking federal or state laws can lead to visa cancellation and permanent travel bans. 

US New Visa Enforcement Measures for 2026

• Mandatory Social Media Transparency: Since June 2025, U.S. consulates have required all F-1, M-1, and J-1 visa applicants to disclose every social media account used in the past five years. Visa candidates must list these accounts on the DS-160 application form, and applicants are asked to make their social media public for vetting. Omitting or hiding accounts can lead to visa denial or even future ineligibility for any U.S. visa category.

• Biometric Entry-Exit Checks: On December 26, 2025, the United States expanded mandatory biometric screening at all points of entry and exit for non-U.S. citizens. This includes fingerprints and facial recognition at airports, land borders, and seaports. These measures allow U.S. Customs and Border Protection (CBP) to track student visa holders more precisely and ensure they comply with their authorized duration of stay.

• Maintaining SEVIS Status: Under the Student and Exchange Visitor Information System (SEVIS), students must maintain full-time enrollment, report changes to academic programs, and notify school officials of any interruptions in study. SEVIS is an official system that tracks F-1 and M-1 students throughout their time in the U.S., and schools must regularly report status updates to federal authorities. Failure to comply can lead to status termination in SEVIS and subsequent visa issues.

• Visa Integrity Fee: In July 2025, the U.S. Congress passed legislation introducing a Visa Integrity Fee that applies to most non-immigrant visa categories, including student visas, starting in 2026. This is a USD 250 fee in addition to the existing visa application and SEVIS fees. The fee acts like a security deposit and is intended to encourage compliance. If a visa holder fails to adhere to all visa conditions, the fee may not be refunded.

• Removal of Dropbox Renewal Options: From September 2025, many student visa applicants are no longer eligible for the “dropbox” interview waiver that previously allowed eligible applicants to renew visas without in-person interviews. Instead, most students must now attend a consular interview at U.S. embassies or consulates.

Consequences of Breaking U.S. Laws for Student Visa Holders in 2026

• Immediate Visa Revocation: If a student visa holder breaks U.S. law, the U.S. government can cancel that visa at any time. This is true even after it has been issued and after the student has arrived in the country. The U.S. Embassy has repeatedly stated that a visa is a privilege, not a right.
• Deportation from the United States: Once a student visa is revoked due to a legal violation, deportation becomes highly likely. The student must leave the United States and may be escorted by immigration authorities. Deportation stops the student’s education and can disrupt future career or academic plans.
• Future Visa Ineligibility: After a visa revocation or deportation, the student may become ineligible for future U.S. visas. The ineligibility may be temporary or permanent, depending on the severity of the violation.
• Bars on Re-Entry After Overstay: If a student overstays their authorised period, U.S. immigration law imposes strict penalties. Staying in the U.S. beyond the allowed duration can trigger a three-year ban if unlawful presence exceeds 180 days, or a 10-year ban for more than one year of unlawful presence.
• SEVIS Status Termination: Students must comply with the Student and Exchange Visitor Information System (SEVIS) rules. Actions like quitting studies without informing school officials, skipping classes, or failing to maintain a full-time course load can cause SEVIS records to be terminated. Once SEVIS status is terminated, the visa becomes invalid.
• Crime Consequences: If a student commits a crime in the U.S., even a minor one, this can trigger visa cancellation. Crimes like driving without a valid licence, DUI, or theft have led to visa revocations in 2025 for international students. Criminal records can also affect future immigration benefits or job prospects in the United States.
• Participation in Political or Protest Activities: Engaging in political activism, protests, or public demonstrations may also have consequences under current U.S. enforcement policies. Political activity that is perceived as contrary to U.S. national interests can jeopardise a student’s visa status.

Implications for Indian Students

• The “Visa Integrity” Surcharge: Starting January 1, 2026, a new $250 (~₹21,400) Visa Integrity Fee applies to all student visa applications on top of standard MRV and SEVIS fees. This brings the total application cost to approximately ₹40,500, shifting the “financial readiness” requirement from just tuition and living expenses to a substantial up-front administrative investment.
• Fixed-Term Stay Limits: Moving away from the traditional “Duration of Status” (D/S) model, new regulations typically limit student visas to a maximum of four years, including any OPT extensions. Students pursuing longer programs or multiple degrees must now exit the U.S. and undergo fresh consular stamping to extend their stay.
• Domestic-Only Processing: Effective September 2025, the U.S. has officially prohibited “third-country” visa processing for Indians. Indian students can no longer seek faster interview slots in countries like Thailand or Germany; all interviews and renewals must occur within India or their country of legal residence. 

Broader Trends in U.S. Immigration Policy

• The Laken Riley Act (2025): This legislation, signed into law on January 29, 2025, mandates the detention of non-citizens arrested or charged with certain offenses like theft or burglary. It limits judicial discretion to grant release for these individuals.
• $100,000 H-1B Proclamation Fee: Effective September 21, 2025, a presidential proclamation requires an additional $100,000 payment for new H-1B visa petitions for workers currently outside the U.S. This fee does not apply to extensions or change-of-status filings for those already in the country.
• Expanded Entry Bans (2026): Starting January 1, 2026, visa issuance was fully or partially suspended for nationals of nearly 40 countries, including Afghanistan, Haiti, and Venezuela. These restrictions primarily target individuals outside the U.S. without a valid visa.
• Termination of Automatic EAD Extensions: As of October 30, 2025, the 540-day automatic extension for Employment Authorization Document (EAD) renewals was eliminated for most categories, including asylum applicants and H-4 or L-2 spouses. Additionally, the maximum EAD validity for many has been reduced from five years to 18 months.
• The Trump Gold Card Program: Launched in late 2025, this program offers a direct path to permanent residence for individuals who make a $1 million investment ($2 million for corporate principals) and pay a $15,000 vetting fee.
• New 128-Question Civics Test: For naturalization applications filed on or after October 20, 2025, applicants must pass a more rigorous 2025 Civics Test, requiring 12 correct answers out of 20.
• Policy Shift: U.S. immigration policy has shifted toward stronger enforcement and deterrence mechanisms since 2025. Major legislation like the One Big Beautiful Bill Act (OBBBA), signed on July 4, 2025, increased funding for border security and immigration enforcement, and introduced new controls on visa categories.