For decades, international students seeking an F-1 student visa have had to prove one crucial factor during their visa interview — their intent to leave the United States after completing their studies. That requirement has often been the make-or-break point for many otherwise qualified applicants.
Now, a new bipartisan proposal in Congress could remove that hurdle entirely, allowing students to pursue their studies without having to prove they plan to return home immediately after graduation.
Current F-1 Visa Rules on Intent to Leave
Under existing immigration law, F-1 visa applicants must establish what is called “nonimmigrant intent.” This means they must clearly demonstrate that their primary goal is to study in the U.S. and that they plan to return to their home country after completing their program.
Consular officers often look for ties to the applicant’s home country, such as:
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Property ownership or long-term leases
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Family obligations
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Evidence of a job offer or career prospects back home
Failure to prove these ties can result in a visa denial under Section 214(b) of the Immigration and Nationality Act (INA) — even if the student meets every other requirement. The U.S. Department of State confirms that visa officers have broad discretion in making this judgment, and many denials stem from doubts about the applicant’s intent to leave.
The Proposed Shift to Dual Intent
The DIGNITY Act of 2025, introduced by Congresswoman María Elvira Salazar (R-FL) and Congresswoman Veronica Escobar (D-TX), proposes a significant shift. One of its provisions would allow F-1 student visas to be issued with dual intent.
Dual intent means that a student can come to the U.S. to study while also keeping the option open to remain in the country afterward if they qualify for another visa category, such as a work visa or permanent residency.
The bill states:
“Currently, student visas require the applicant to demonstrate nonimmigrant intent. This change will remove this roadblock… Any student that does wish to remain in the U.S. after their studies must still qualify on their merits for employment-based or other applicable visas.”
Why Removing the Intent to Leave Requirement Matters
Many students already intend to return home, but the current rule forces them to prove that intent in ways that may not be straightforward. A young applicant with no property or established career may find it difficult to show “strong ties” to their country, even if they have every intention of going back.
By eliminating the intent to leave requirement, the DIGNITY Act could:
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Reduce arbitrary denials for otherwise qualified students.
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Encourage more international talent to choose U.S. universities.
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Align student visa rules with work visa categories like the H-1B, which already allow dual intent.
Impact on STEM and Healthcare Graduates
The bill goes beyond intent rules. It introduces a clarification for individuals who have earned doctoral degrees (Ph.D.s) in STEM fields — science, technology, engineering, and mathematics — as well as healthcare and medical professions.
Under the proposal, these individuals would be explicitly eligible for the O-1 visa, a category for individuals with “extraordinary ability or achievement.” This would allow top graduates to remain in the U.S. to apply their skills without being forced to leave immediately after completing their programs.
For example:
| Field of Study | Visa Path Under Proposal |
|---|---|
| Ph.D. in Computer Engineering | Eligible for O-1 Visa |
| Ph.D. in Medical Research | Eligible for O-1 Visa |
| Ph.D. in Mathematics | Eligible for O-1 Visa |
| Ph.D. in Nursing Science | Eligible for O-1 Visa |
This change would align U.S. policy with the reality that many advanced graduates are in high demand for American industries, particularly in technology, healthcare, and research.
Additional Proposals in the DIGNITY Act
The bill also includes two other notable measures:
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Taxation of OPT Earnings
Optional Practical Training (OPT) allows international students to work in the U.S. after graduation. The proposal would require these earnings to be taxed in the same way as other income, closing an exemption that currently applies in some cases. -
Fast-Track Green Card Option
Eligible foreign nationals could pay a $50,000 fee to “jump the line” for a U.S. green card. This option would not replace merit-based immigration rules but would offer a faster path for those willing and able to pay the fee.
How Visa Interviews Could Change
If passed, the removal of the intent to leave requirement could change the F-1 visa interview process in several ways:
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Less focus on personal ties like property ownership and more focus on academic preparedness.
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Reduced risk of denials for young applicants without extensive home-country assets.
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More transparency in the decision-making process, as consular officers would no longer have to assess the applicant’s personal future plans beyond their study goals.
Top Concerns and Considerations
Critics of the proposal worry that removing the intent to leave requirement could increase the number of students overstaying their visas. The U.S. Department of Homeland Security (DHS) tracks overstay rates, and some policymakers argue that strong nonimmigrant intent rules help maintain compliance.
Supporters counter that students who wish to remain after graduation would still need to meet the eligibility criteria for another visa. This safeguard, they argue, ensures that the policy encourages high-skill retention without weakening immigration controls.
What This Means for Future Applicants
If the bill passes, future applicants could approach the F-1 process with a different mindset. Rather than gathering documents to prove property ownership or job offers in their home country, students could focus on:
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Demonstrating academic readiness
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Showing financial ability to support themselves
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Meeting all other standard visa requirements
Applicants should continue to monitor updates from U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State to understand how any new law is implemented.
Preparing for Policy Changes
While the DIGNITY Act is still under debate, it’s wise for prospective students to prepare both for current rules and possible changes. Here’s a practical approach:
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Research your eligibility now under the existing intent rules.
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Stay informed through government resources such as travel.state.gov and uscis.gov.
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Work with a qualified immigration consultant to plan for either scenario — proving intent to leave or applying under dual intent.
Read also: H-1B Workers Receiving Removal Notices Despite 60-Day Grace Rule
The Bottom Line
The proposed removal of the intent to leave requirement for F-1 visas represents a potential game-changer for international education in the United States. By shifting to dual intent, the U.S. could open its doors wider to global talent while still maintaining control over who stays after graduation.
Until the bill becomes law, current applicants must still follow the existing process and be ready to prove their intent to return home. However, change could be on the horizon — and students, universities, and employers should be prepared.
If you’re planning to apply for an F-1 visa or want to understand how these changes could affect your plans, Maple Crest Immigration can guide you through every step. Our experienced consultants have helped countless students prepare strong applications, avoid common mistakes, and navigate policy shifts with confidence.
Whether you need to prove intent to leave under current rules or position yourself for dual intent opportunities in the future, we’re here to help you succeed. Contact Maple Crest Immigration today to schedule your consultation and start building your path to U.S. study.
