US ends automatic stay for F-1 students: What Indian applicants should know

The rule is scheduled for publication on July 17, 2026 and is expected to take effect 60 days after publication, subject to congressional review requirements.

The US has introduced one of the biggest changes to its student visa system in decades.

 

From later this year, international students—including thousands from India—will no longer be allowed to stay in the US for the "duration of their studies" under the long-standing Duration of Status (D/S) policy. Instead, they will be admitted for a fixed period, and if they need more time, they will have to seek approval from the US government.

 

 This is because the US on Thursday tightened the rules governing visas for foreign students, exchange visitors and journalists, ending the old regime that allowed them to stay in the country indefinitely without government oversight. The new regulation establishes a fixed period of admission for nonimmigrant visa holders in F, J, and I classifications, the Department of Homeland Security (DHS) said in a statement. 

The F category visas are for students, the J category for exchange visitors, and the I category is for journalists.

 

Nonimmigrant students (F visas) and exchange visitors (J visas) will be admitted for the length of their specific programme, not to exceed a maximum period of four years, the DHS said in a statement.

 

"For decades, foreign students have been admitted into the US indefinitely, allowing thousands to abuse our immigration system by perpetually enrolling in courses to avoid having to leave the US," DHS Secretary Markwayne Mullin said in a statement. Mullin said by implementing clear, finite limits on these visas, the US is reclaiming its ability to properly screen, vet, and monitor individuals within its borders.

 

"This final rule ensures that foreign students remain focused on their primary purpose: completing their studies and returning home," he said.

 

Here's what the change means.

 

What was the old rule?

 

Until now, most students on F-1 visas entered the US under a system called Duration of Status (D/S).

 

This meant they could remain in the US for as long as they maintained their student status, even if their graduation was delayed because they:

 

• changed majors,
• took fewer credits,
• extended research,
• pursued another degree,
• or completed Optional Practical Training (OPT).

 

Their university could simply issue an updated Form I-20, and students generally did not have to apply to USCIS for more time

 

What's changing now?

 

Under the new DHS rule, international students will receive a fixed admission period instead of an open-ended stay.

 

Most F-1 students will be admitted for:

 

• the length of their academic programme,
• including approved OPT,
• subject to a maximum of four years, plus
• a 30-day grace period after completion.

 

What happens if your course takes longer?

 

This is where the biggest change lies.

 

If your degree, research or OPT extends beyond the period granted by immigration authorities, you can no longer rely only on your university updating your I-20.

 

Instead, you must:

 

• apply to USCIS for an extension,
• pay government filing fees,
• and possibly attend biometrics appointments.

 

Without approval, your stay could become unlawful.

 

Why is this important for Indian students?

 

India sends more students to the US than any other country.

 

Many Indian students:

 

• take longer to finish PhDs,
• extend master's programmes,
• switch research topics,
• pursue STEM OPT,
• or continue into another degree.

 

Under the old system, these changes were largely handled through the university.

 

Now, many of them could require an immigration application with USCIS, adding paperwork, costs and waiting time.

 

Will OPT still be available?

 

Yes.

 

The rule does not eliminate Optional Practical Training (OPT).

 

Students can still apply for:

 

• OPT after graduation
• STEM OPT extensions

 

However, if their authorised stay expires, they must ensure they have obtained the necessary extension of status. The rule also preserves the existing 180-day automatic extension for students who timely file for STEM OPT extensions.

 

What if you overstay?

 

Earlier, students admitted under Duration of Status generally began accruing unlawful presence only after USCIS or an immigration judge formally determined they had violated their status.

 

That changes under the new rule.

 

If your authorised stay expires and you have not obtained an extension, you will generally start accruing unlawful presence immediately, similar to other temporary visa holders. Accruing significant unlawful presence can trigger three- or ten-year bars on re-entering the US.

 

Another change: Grace period cut in half

 

Students currently get 60 days after completing their programme to:

 

• leave the US,
• change visa status,
• or prepare another application.

 

The new rule reduces this grace period to 30 days.

 

Can students still change majors?

 

Yes, but with tighter restrictions.

 

Under the new regulation:

 

• undergraduate F-1 students generally cannot change majors or programmes during their first year, unless there are exceptional circumstances approved by immigration authorities;
• graduate students also face tighter limits on changing programmes or education levels.

 

As per Envoy Global, the final rule introduces additional academic restrictions, particularly for graduate students.

 

Among the key changes:

 

• Graduate-level F-1 students generally cannot change their educational objectives during their programme.
• Graduate students generally cannot transfer institutions except in limited circumstances approved by immigration authorities.
• Students completing one programme will generally be expected to progress to a higher level of study rather than enrol in another programme at the same or lower academic level while remaining in F-1 status.

 

What happens if I travel while my extension is pending?

 

Students who leave the US while an extension application is pending could face different outcomes depending on the documents they present at re-entry. In some situations, the pending application may continue, while in others it may be treated as no longer necessary. If a student leaves the US while a change of status application is pending, that application will generally be considered abandoned.

 

Will this affect students already studying in the US?

 

Yes, but there are transition rules.

 

Students already in valid F-1 status when the rule takes effect will generally be allowed to remain until the later of:

 

• the end date on their current Form I-20, or
• the expiry of their OPT employment authorisation,

 

subject to a maximum period set out in the new rule.

 

Why has the US made this change?

 

According to DHS, the objective is to align student visas with other temporary visa categories that already have fixed expiry dates and to strengthen immigration oversight. The department says requiring extensions through USCIS will improve monitoring of non-immigrant status.  The department also cited concerns over student visa fraud, overstays, repeated programme extensions and national security, saying fixed admission periods would align F, J and I visas with most other US non-immigrant visa categories

 

Immigration lawyers, however, say the rule is likely to increase compliance obligations for students and universities and could add to USCIS processing backlogs because many more extension applications will need to be filed.

 

"The elimination of duration of status admissions and the associated requirement to apply for extensions of stay will create significant new compliance and administrative responsibilities for affected foreign nationals and their schools, exchange program sponsors, and employers.

 

In addition, the new regulation will result in a significant increase in the number of applications to extend nonimmigrant status filed with USCIS, exacerbating existing USCIS processing delays.

 

Some of the changes put in place by the final regulation will require updates to SEVIS," said immigration law firm Fragomen. 

 

What should Indian students do?

 

If you are planning to study in the US—or are already there—you should:

 

• Check the admission end date on your I-94 when you enter the US.
• Keep track of when your authorised stay expires, not just your visa validity.
• If your course, research or OPT may run longer than the authorised period, start the extension process well in advance.
• Avoid overstaying, as unlawful presence can have serious immigration consequences.
• Speak with your university's international student office before changing your programme, extending your studies or travelling abroad while an immigration application is pending.