US plans fixed-year limit for F, J student visas under new rule

US may replace open-ended student visas with fixed stays, forcing Indian students to apply for extensions and risking stricter unlawful presence rules

The US Department of Homeland Security (DHS) has submitted a proposed rule that could replace the current open-ended visa stay for international students with a fixed period of stay, reviving a controversial move from the Trump era.

 

The rule was sent to the Office of Management and Budget (OMB) on June 27 for review—one of the last steps before it is officially published in the Federal Register.

 

“This is a proposed rule, not an interim final or final rule, which means there will be a chance for public comment,” said NAFSA, an association of international educators, in a blog post on Tuesday.

 

Once published, the rule would likely be followed by a 30- or 60-day comment window.

 

Could end ‘duration of status’ rule

 

Currently, international students holding F visas, along with exchange visitors (J visas) and foreign media representatives (I visas), are allowed to stay in the US as long as they maintain their programme status. This is called “duration of status,” or D/S.

 

If the proposed rule goes into effect, these individuals would instead receive a visa with a fixed expiration date. To continue studying, they would need to apply for an extension—introducing extra paperwork, possible delays, and more interaction with the immigration system.

 

“This possible change to D/S admission procedures would also result in a change to current policies related to unlawful presence for F, J, and I nonimmigrants,” said US-based law firm Fragomen in a note. 

 

“Currently, F, J, and I visa holders only begin to accrue unlawful presence after a formal finding of a status violation by USCIS or an immigration judge. Under the proposed rule, they may begin accruing unlawful presence after the visa’s expiry—just like other nonimmigrant categories,” the firm said.

 

What is “duration of status”?

 

Under the current D/S policy, students and exchange visitors can legally stay in the US as long as they maintain their programme requirements, even if their visa stamp expires. There is no fixed end date on their entry records; instead, they are allowed to remain until the completion of their course or programme, plus any authorised training period like OPT (Optional Practical Training).

 

What does the proposed change mean?

 

If the rule is finalised, D/S would be replaced with a fixed period of stay — for example, a set number of years (such as four years or less), regardless of how long a degree programme normally takes.

 

Students would then have to:

 

— Apply for extensions of stay through USCIS if they need more time to complete their studies

— Deal with potential delays, fees, and paperwork

— Risk denial if the extension is not approved on time or is rejected

 

How does this impact Indian students?

 

This change could:

 

— Add uncertainty and bureaucracy to the study process

— Increase legal and financial burdens for students pursuing long or research-heavy degrees

— Raise the risk of falling out of status due to processing delays

 

Indian students are the largest international student group in the US, with over 420,000 enrolled as of 2024. Many pursue STEM programmes and doctoral research, which often go beyond typical four-year durations. For them, fixed periods could mean multiple extension filings and stress over maintaining legal status.

 

A shift from the D/S model could disproportionately affect Indian nationals, who often pursue long-term undergraduate, postgraduate, or doctoral courses that run beyond four years.

 

“The Trump administration wants to change this to a predefined period of stay. With a fixed expiration date on their visa, international students would have to periodically apply for extensions. This will create additional unnecessary delays, financial burden and uncertainty for students,” a university representative told the Times of India.

 

It remains unclear how long the fixed stay would be—whether it would cover one semester, one year, or more. “Student overstay is just a boogie. The total overstay rate for student and exchange visitors was just 3.6% in 2023,” the representative added.

 

Rule draws comparisons to Trump-era proposal

 

A similar rule was proposed under Donald Trump’s presidency in 2020, but the Biden administration withdrew it in 2021. The idea, however, never fully went away. In its November 7, 2024 edition, DHS indicated it was revisiting the issue.

 

International students in the US have already been dealing with abrupt SEVIS terminations and in some cases, the revocation of their F-1 visas.

 

The proposed change—though still in its early stages—has raised concerns among education consultants, immigration lawyers, and universities about adding further uncertainty to the student visa process.