A significant modification to US immigration regulations may soon complicate the ability of international students to stay in the country for the entirety of their academic programs without seeking additional approvals.
The White House Office of Management and Budget (OMB) has approved a final regulation proposed by the Department of Homeland Security (DHS) that aims to replace the long-established “Duration of Status” (D/S) system for international students and exchange visitors with fixed admission periods, as reported by the Times of India on Tuesday.
This initiative represents one of the most substantial modifications to student visa regulations in recent years and could impact thousands of Indian students intending to pursue their studies in the United States.
Following the OMB’s approval of the final rule, it will be published in the Federal Register, with an expected implementation period of 30 to 60 days.
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What is the ‘Duration of Status’ system?
Currently, the majority of international students holding F-1 visas are permitted entry into the United States under a system referred to as “Duration of Status” or D/S.
Within this framework, students are allowed to remain in the country as long as they fulfill the requirements of their visa, which include maintaining full-time enrollment and upholding valid student status. There is no predetermined end date for their stay.
This flexibility enables students to:
Extend their studies if necessary.
Change their academic programs.
Transition from a bachelor’s program to a master’s program.
Transfer between different universities.
Complete Optional Practical Training (OPT) and STEM OPT if eligible.
The impact of new changes
The new regulation will replace the D/S system with a defined admission period.
Although the final text has yet to be released, earlier drafts of the proposal suggested that the majority of F-1 and J-1 visa holders would be granted admission for a maximum duration of four years. Students enrolled in programs that exceed this timeframe would be required to seek an extension from US Citizenship and Immigration Services (USCIS).
In practical terms, this indicates that international students will no longer automatically maintain their status solely by engaging in their studies.
Instead, they may be required to obtain additional governmental approvals to continue their education beyond the sanctioned admission period.
Immigration specialists caution that this modification could introduce further challenges for international students, especially those on extended academic trajectories.
Students may encounter risks related to extension filings and unlawful presence
According to the global immigration firm Fragomen, the most significant change will involve the replacement of the existing Duration of Status (D/S) system with fixed admission periods for holders of F, J, and I visas.
Currently, international students are permitted to stay in the United States as long as they uphold their student status. Fragomen pointed out that if the proposed rule is enacted:
Students and exchange visitors may be required to submit extension-of-stay applications to USCIS if their programs extend beyond the authorized admission period.
Such extensions may necessitate additional processing and biometric data collection
Students who remain in the country beyond the designated period without proper authorization could begin to accumulate unlawful presence, which could lead to serious immigration repercussions.
Additionally, Fragomen highlighted that the proposal might reduce the F-1 student grace period following program completion from 60 days to 30 d
What is the reason behind the US government’s decision to implement this change?
The Department of Homeland Security (DHS) has contended that the current Duration of Status (D/S) system complicates the monitoring of visa compliance and the tracking of overstays.
By establishing fixed end dates, officials believe they will enhance their oversight of foreign students, exchange visitors, and specific other visa holders. Furthermore, the government has asserted that this modification would aid in standardizing immigration monitoring and bolstering enforcement.
How will Indian students be impacted?
India ranks among the largest contributors of international students to the United States. For Indian students, the potential consequences could be considerable.
- Students who are on extended academic journeys might need to request extensions from USCIS.
- According to the suggested framework, it may become increasingly challenging to switch universities, change degree levels, or alter academic goals. Several immigration specialists have cautioned that this regulation could restrict students’ capacity to transfer schools or adjust their educational plans without requiring further approvals.
- Additionally, the proposal considers shortening the existing 60-day grace period that F-1 students currently have after finishing their program.
- Doctoral programs typically require five to seven years for completion. Students enrolled in these programs may be significantly impacted, as they might have to request extensions during their academic pursuits.
What happens next?
The White House has just finished reviewing the final regulation. This means the new rule will not take an immediate effect.
The subsequent step involves the publication of the final rule, followed by the government’s announcement of an effective date. Legal experts anticipate that implementation may take place later in 2026, although the precise timeline is still unclear.
