US tightens visa rules: How Indian students can avoid costly mistakes

Explained: New US student visa rules and what they mean for Indian students

Indian students planning to study in the US—or those already enrolled—will need to be more proactive about their immigration status after the US government replaced the long-standing "Duration of Status" (D/S) system with fixed periods of stay for F, J and I visa holders.

 

The new rules, which take effect on September 15, 2026, mean many students will no longer be allowed to remain in the US for the duration of their academic programme automatically. Instead, they may have to apply for an extension of stay if they need additional time to complete their course or practical training.

 

Here's what students need to know.

 

 

Who is affected?

 

The new rules apply to:

 

• F-1 students
• J-1 exchange visitors
• I visa holders (foreign media representatives)

 

Students entering the US on or after September 15 will receive admission for a fixed period, instead of the earlier open-ended "Duration of Status" admission.

 

How long can you stay?

 

For most F-1 students, admission will be valid for:

 

• the duration of the academic programme,
• subject to a maximum of four years, and
• an additional 30-day grace period after completion.

 

Earlier, students received a 60-day grace period after finishing their studies.

 

What if your degree takes more than four years?

 

This is one of the biggest changes.

 

Many doctoral programmes, research degrees and certain integrated courses exceed four years.

 

If your programme runs beyond your authorised stay, you will need to:

 

• apply to USCIS for an extension before your stay expires, or
• leave the US and seek readmission with updated documents.

 

The extension application requires supporting documents such as an updated Form I-20 and evidence explaining why additional time is required. Students may also have to prove they have sufficient financial resources to support themselves during the extended period.

 

What happens if you don't apply on time?

 

Missing the deadline can have serious consequences.

 

Under the new rules, students who overstay their authorised period will generally begin accruing unlawful presence immediately after their permitted stay expires.

 

Accumulating unlawful presence can trigger:

 

• a three-year re-entry bar after more than 180 days of unlawful presence; or
• a 10-year re-entry bar after one year or more of unlawful presence.

 

It may also affect future visa applications and changes of status.

 

Planning to apply for OPT?

 

Students seeking Optional Practical Training (OPT) or STEM OPT should pay close attention to deadlines.

 

Under transitional provisions, some students already in the US before September 15, 2026, may continue to benefit from the previous system for certain OPT applications. However, students entering after the rule takes effect may need both employment authorisation and an extension of stay, depending on their circumstances.

 

Thinking of changing your major?

 

The new rules also impose tighter restrictions on academic changes.

 

According to the guidance:

 

undergraduate students generally cannot change majors or programmes during the first year except in limited circumstances;

graduate students face stricter limits on changing programmes or transferring institutions.

 

 How does the rule affect the ability of F-1 students to change academic programs or majors?

 

Immigration law firm Fragomen answers this: Under the new regulation, F-1 students below the graduate school level may not change programs, majors, or education levels within the first year of their program, unless ICE’s Student and Exchange Visitor Program (SEVP) allows an exception for extenuating circumstances, for example, if the school closes or is unable for a prolonged period to hold classes because of a natural disaster.

 

F-1 graduate students may not change programs, majors, or educational levels at any time during their program of study. Graduate students may not transfer to a new school during their program of study unless they can show exceptional circumstances.

 

The final rule also prohibits F-1 foreign students who have completed a course of study at a particular educational level from undertaking a program at the same or a lower educational level. The rule contains an exception, however, for those who completed a program before the regulation takes effect on September 15, 2026; these individuals may be eligible to engage in a program at the same or a lower educational level than their previous program of study that was completed prior to the September 15 effective date of the new rules.

 

Note that the final regulation gives the Department of Homeland Security the authority to delay or suspend the restrictions on changing programs or majors, or studying at the same or a lower academic level as a previous course of study, if the agency determines that it is not feasible for technical or other reasons to implement these provisions. Any delay or suspension would be announced on the Student and Exchange Visitor Program (SEVP) website.

 

Fragomen further explains what , maintaining your status means for students and exchange visitors

• Making all required reports to your designated school official (DSO) or exchange program responsible officer (RO);
• Ensuring that you do not engage in employment without authorization;
• For those in a period of optional practical training, ensuring that you do not exceed limits on unemployment;
• For those currently in school, ensuring that you do not fall below a full course of study unless you have been authorized to do so by your DSO;
• Departing the United States after your course of study or program (as indicated on your I-20 or DS-2019) has been completed, but not to exceed four years, and before any authorized grace period has lapsed (or filing an extension or change of status request during that time) if you were admitted before September 15, 2026, and your I-94 is annotated for duration of status or “D/S”; 
• Departing the United States before the expiration of your Form I-94, if you were admitted to the United States on or after the effective date of the new rule such that your I-94 reflects a specific expiration date (unless a timely extension or change of status request is filed);
• Making sure that dependent family members do not work without authorization or otherwise violate program rules; and
• Meeting all other Student and Exchange Visitor Program (SEVP) rules.

Five things Indian students should do now

 

If you're planning to study in the US, experts recommend:

 

• Keep track of your authorised stay and don't rely solely on your course duration.
• Begin extension planning several months before your stay expires if your programme may exceed four years.
• Maintain close contact with your university's international student office.
• Keep financial documents updated, as they may be required for extension applications.
• Avoid waiting until the grace period to decide your next steps, as this could affect your ability to work while an extension is pending