The Department of Homeland Security’s final rule that would replace the Duration of Status system for F-1, J-1, and I visa holders is now under review by the Office of Management and Budget and could take effect as early as September 2026. Immigration experts caution that now is the time for international students not to panic but to prepare.
“This is the most consequential change to student visas in three decades, and most international students do not yet realize what is coming.” — Rahul Reddy, Immigration attorney and founding partner of Reddy Neumann Brown PC
In the past few decades, America went on to comfortably claim the position for the most prestigious higher studies destination for international students. Students from as far as India to China flocked in ever-growing numbers to enroll in various study programs across US universities. But recently, something seismic shifted – change in rule—that now restricts the number of years students can stay in the U.S. while they are on a student visa. For over three decades, F-1 and J-1 visa holders could remain in the United States if they maintained enrollment and were progressing academically.
Students could move from a bachelor’s program to pursue a master’s degree and then enroll in a doctoral program. But a new proposed rule could change that completely. Immigration attorney Rahul Reddy says, “Under the proposed rule, that authority would shift entirely to USCIS. Students whose programs run longer than four years would have to file Form I-539, submit biometrics, pay a filing fee, and prove continued eligibility under tight discretionary standards.”
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Duration of stay and how it affects international students
What’s new: In July this year, the U.S. Department of Homeland Security published a rule in the federal register that established a fixed time period of admission as well as for an extension of stay for international academic students and exchange visitors.
How is this rule different: Before this rule, students on non-immigrant visas such as F-1 could remain in the United States for an unspecified period of time to pursue a full course of study at a Student and Exchange Visitor Program (SEVP) certified school or engage in authorized practical training following completion of their studies. This unspecified period of time was referred to as “duration of status.”
What’s the new rule: Essentially the new final rule implies that students on F-1 visas will only be allowed admission into the United States for a fixed period of time as opposed to the duration of status. Now the fixed period of time can be based on factors such as the length of their study program as listed on their Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” not to exceed four years, plus a 30-day period for arrival and an additional 30-day period for departure.
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The lawsuits: After the final rule was published in July this year, there has been a great momentum among the student community and how these limitations would affect everything from international students’ arrival as well as hiring in the U.S. A lawsuit has been filed in the U.S. District Court for the District of Massachusetts by some university groups along with labor unions. The lawsuit aims to block this new rule that puts a time limitation on those on F-1 and J-1 visas.
Why is it problematic: Attorney Reddy says, “PhD programs typically run five to eight years. Doctoral candidates would face mid-program filings with USCIS officers who have wide discretion to deny.” He adds, “Today, an F-1 student who finishes a bachelor’s degree can move to a master’s program at the same or a different university simply by working with the DSO to update the I-20 and SEVIS record. Under the proposed rule, that flexibility disappears. Undergraduate students would be barred from changing schools or programs during their first academic year. Graduate students would be prohibited from changing programs at all once enrolled. A student who completes a bachelor’s degree and wants to begin a master’s program would still need a new I-20, but the four-year admission clock from the initial entry would not reset automatically.”