New US rule ends ‘duration of status’, bringing stricter checks on foreign students
A sweeping change to US immigration rules could soon reshape how international students plan their education in the country, with a proposed policy introducing a fixed four-year limit on student stays.
The White House has cleared a Department of Homeland Security (DHS) regulation that would replace the long-standing “Duration of Status” (D/S) system with a time-bound admission model for foreign students and exchange visitors.
According to Bloomberg reports, under the proposed changes, most international students would be permitted to stay in the US for up to four years. After this period, those continuing their studies would be required to obtain formal approval to extend their stay.
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Currently, students can stay for the full length of their academic programme as long as they maintain valid status, without a fixed expiry date.
If implemented, the change could affect F-1 student visa holders, J-1 exchange visitors and other categories, requiring more frequent interaction with US immigration authorities.
The rule has cleared review by the White House Office of Management and Budget and is expected to move toward publication in the Federal Register, with implementation likely within 30 to 60 days of final notification.
Under current plans reported by Bloomberg, international student stays could be capped at around four years, regardless of how long their academic programme runs.
The rule would apply to multiple visa categories, including:
F-1 student visas
J-1 exchange visitor visas
Other related study-based visa categories
If implemented, students whose programmes extend beyond the limit would need to apply for formal extensions through US immigration authorities.
The regulation has already cleared review by the White House Office of Management and Budget (OMB) and is expected to be published in the Federal Register, with an implementation window of 30 to 60 days after publication.
At present, international students in the US are admitted under the Duration of Status (D/S) framework.
This allows students to stay in the country for as long as they:
Remain enrolled full-time
Maintain valid student status
Comply with visa conditions
There is no fixed end date attached to their stay.
This system allows flexibility to:
Extend academic programmes
Switch universities or courses
Progress from undergraduate to postgraduate studies
Complete Optional Practical Training (OPT) and STEM OPT
The proposed system would replace this flexible model with a fixed admission period, likely around four years for most students.
Key implications include:
Students would no longer have automatic stay based on enrolment
Extensions would require approval from USCIS
Additional documentation and biometric checks may be required
Processing delays could affect academic timelines
Overstaying without approval could lead to legal consequences
In effect, continued study in the US would depend on periodic immigration approvals rather than academic enrolment alone.
The Department of Homeland Security argues that the current system makes it harder to track compliance and identify visa overstays.
A fixed end-date model, officials say, would:
Improve monitoring of foreign students
Strengthen immigration enforcement
Standardise visa oversight across categories
India is the largest source of international students in the United States.
According to the Open Doors 2024 report, more than 331,000 Indian students were enrolled in US institutions in the 2023–24 academic year — nearly 30% of all international students.
Many of these students are in programmes that exceed four years, including:
PhD and doctoral research programmes
Long-duration master’s degrees
Technical and professional courses
Under the proposed system, these students may face:
More extension applications
Increased immigration scrutiny
Greater uncertainty around long-term academic planning
Organisations such as the Association of American Universities (AAU), American Council on Education (ACE) and NAFSA have warned that fixed stay limits could:
Increase administrative burden
Create uncertainty for research-based programmes
Make it harder to maintain legal status in longer academic tracks
They also caution that changes could affect transitions into work pathways such as OPT.
A major concern under the proposed framework is enforcement.
If a student’s authorised stay expires:
They may begin accruing unlawful presence immediately
Delays in extension processing could create legal risks
Immigration penalties could affect future US travel eligibility
According to immigration firm Fragomen, this could significantly raise the stakes for administrative delays or paperwork errors.
The effect on Optional Practical Training (OPT) is still unclear.
However, experts warn that moving away from the D/S system could:
Complicate transitions from study to employment
Add procedural steps before work authorisation
Increase pressure on visa timelines for STEM OPT participants
OPT remains a key pathway for international graduates seeking US work experience.
Earlier versions of the proposal suggested reducing the post-study grace period for F-1 students from 60 days to 30 days.
This period is currently used to:
Apply for OPT
Transfer universities
Change visa status
Prepare for departure
Any reduction would tighten post-graduation timelines significantly.
The rule is not yet in force.
OMB review has been completed
Final publication in the Federal Register is pending
Implementation could begin 30–60 days after publication
Experts suggest rollout may occur later in 2026, though timelines remain uncertain.
There is no immediate change for current or prospective students.
At this stage, students should:
Continue under existing visa rules
Monitor updates from DHS and USCIS
Stay in touch with university international offices
The regulation is not yet in force. It still requires formal publication before becoming law.
Once published, the government is expected to announce an implementation timeline, which experts say could begin later in 2026.
Until then, the current Duration of Status system remains unchanged, allowing students to stay in the US for the full length of their academic programme as long as they comply with visa conditions.
With inputs from Agencies