This act limits the percentage of international students on F or M visas at U.S. universities to 10% of the total student body, with a possible presidential or DHS waiver allowing up to 15%.
Rick Scott
Senator
FL
The American Students First Act of 2025 establishes a new limit on the enrollment of foreign students on F or M visas at U.S. universities. This legislation generally caps international student enrollment at 10% of a university's total student body. Exceptions to this cap may be granted by the President or Secretary of Homeland Security for national security reasons, up to a maximum of 15% of the student population.
The newly proposed American Students First Act of 2025 is looking to put a hard limit on how many international students can attend U.S. colleges. This isn’t just about making room; it’s a significant regulatory shift that could reshape university finances and admissions.
This bill, officially the American Students First Act of 2025, mandates that any university participating in the Student and Exchange Visitor Program (SEVP) cannot allow international students on F or M visas—the standard student visas—to exceed 10 percent of the school’s total student population in any given academic year (SEC. 2). To prove they’re playing by the new rules, every university would need a compliance certificate issued by the Director of U.S. Immigration and Customs Enforcement (ICE). Essentially, ICE would become the new gatekeeper for college admissions ratios.
Ten percent is a big deal, especially for large, research-intensive universities and private colleges. Many of these institutions rely heavily on international students, who often pay full, out-of-state tuition, making them a crucial revenue stream. If a university is currently at 15% or 20% international enrollment, they would be forced to immediately cut back. This could translate into budget shortfalls, program cuts, or potentially higher tuition for everyone else—including domestic students—to make up the difference. Imagine a mid-sized state university that uses international tuition to fund its library or specialized labs; those funds could dry up quickly.
There is an escape clause, but it’s narrow. The bill allows the President or the Secretary of Homeland Security to grant a waiver to exceed the 10% cap, but only if they determine it’s necessary for national security reasons or is in the best interest of the United States (SEC. 2). Even with this special permission, the absolute maximum enrollment for F or M visa students would be capped at 15 percent. This means that even if a university hosts highly specialized programs critical to U.S. interests, like advanced semiconductor engineering or cybersecurity, they still hit a hard 15% ceiling.
For prospective international students, this bill creates immediate uncertainty and limits their access to U.S. education. If they’re applying to a popular school already near the cap, their chances drop significantly, regardless of their academic qualifications. For domestic students, while the bill’s name suggests they come “first,” the financial reality is that universities might raise tuition to offset lost international revenue, meaning everyone pays more. Furthermore, the broad, subjective criteria for granting waivers—the “best interest of the United States”—hands significant, centralized power to the executive branch regarding university enrollment, creating a system ripe for potential political influence rather than academic necessity.