Studying in the US? New visa rule could change how long you can stay

Indian students planning to study, work or pursue research in the US may soon face tighter immigration rules.

A major change to US immigration rules could soon make it harder for international students to remain in the country for the full duration of their studies without additional approvals.

 

The White House Office of Management and Budget (OMB) has cleared a final regulation submitted by the Department of Homeland Security (DHS) that would replace the long-standing "Duration of Status" (D/S) system for international students and exchange visitors with fixed periods of admission, reported Times of India on Tuesday. 

 

 The move is one of the most significant changes to student visa rules in years and could affect thousands of Indian students planning to study in the United States.

   

After OMB clearance of the final rule, it will be published in the Federal Register with an implementation timeframe of 30 to 60 days. 

 

What is the 'Duration of Status' system?

 

Currently, most international students on F-1 visas are admitted to the US under a system known as "Duration of Status" or D/S.

 

Under this framework, students can remain in the country for as long as they continue to meet the conditions of their visa, such as staying enrolled full-time and maintaining valid student status. There is no fixed end date attached to their stay.

 

This flexibility allows students to:

 

• Extend their studies if required.
• Change academic programmes.
• Move from a bachelor's programme to a master's programme.
• Transfer between universities.
• Complete Optional Practical Training (OPT) and STEM OPT where eligible.

 

What is changing?

 

The new rule would replace the D/S system with a fixed period of admission.

 

While the final text has not yet been published, previous versions of the proposal envisaged that most F-1 and J-1 visa holders would receive admission for a maximum of four years. Students whose programmes extend beyond that period would have to apply to US Citizenship and Immigration Services (USCIS) for an extension.

 

In practical terms, this means that international students would no longer automatically remain in status simply because they are pursuing studies.

 

Instead, they may need additional government approvals to continue their education beyond the approved admission period.

 

Immigration experts warn that the change could create additional hurdles for international students, particularly those pursuing longer academic pathways.  

Students may face extension filings and unlawful-presence risks

 

Global immigration firm Fragomen said the biggest change would be replacing the current Duration of Status (D/S) system with fixed admission periods for F, J and I visa holders.

 

Under the current system, international students can generally remain in the US as long as they maintain their student status. Fragomen noted that if the rule is implemented as proposed:

 

• Students and exchange visitors may need to file extension-of-stay applications with USCIS if their programmes exceed the approved admission period.
• Extensions could require additional processing and biometrics.
• Students who remain beyond the fixed period without approval could start accruing unlawful presence, increasing immigration consequences.

 

Fragomen also noted that the proposal could shorten the F-1 student grace period after programme completion from 60 days to 30 days.

 

BAL: Maximum four-year admission period possible

 

Berry Appleman & Leiden (BAL), another major US immigration law firm, said the DHS proposal would introduce fixed admission periods instead of open-ended stays.

 

According to BAL's analysis:

 

• F and J visa holders could generally be admitted for the programme length or a maximum of four years, whichever is shorter.
• Students needing additional time would need to request extensions.
• The change would bring student categories closer to other visa classifications that already have fixed end dates.

 

Ogletree Deakins: More compliance burden for students and universities

 

Employment and immigration law firm Ogletree Deakins said the proposal represents a significant restructuring of the F, J and I visa framework.

 

The firm highlighted possible concerns around:

 

• Increased administrative filings
• Extension requests
• Reduced flexibility compared with the existing D/S model

 

In an earlier analysis, Ogletree noted the proposed framework could cap many F-1 and J-1 stays at four years, with separate limits for certain categories such as language programmes

 

Why is the US government making this change?

 

The DHS has argued that the existing D/S system makes it harder to monitor visa compliance and track overstays.

 

By introducing fixed end dates, authorities believe they will have greater oversight over foreign students, exchange visitors and certain other visa holders. The government has also argued that the change would help standardise immigration monitoring and strengthen enforcement.

 

How could Indian students be affected?

 

India is one of the largest sources of international students in the United States.

 

For Indian students, the implications could be significant.

 

1. More paperwork and uncertainty

 

Students pursuing longer academic paths may have to seek extensions from USCIS.

 

For example:

 

• Students completing a bachelor's degree followed by a master's degree.
• PhD candidates whose programmes often exceed four years.
• Students whose research or coursework takes longer than expected.

 

Each extension could involve additional documentation, government scrutiny and processing delays.

 

2. Less flexibility to change courses

 

Under the proposed framework, changing universities, degree levels or academic objectives may become more difficult.

 

Several immigration experts have warned that the rule could limit students' ability to transfer institutions or modify educational plans without additional approvals.

 

3. Shorter grace period after graduation

 

The proposal also contemplates reducing the current 60-day grace period available to F-1 students after completing their programme.

 

The grace period allows students time to:

 

• Apply for OPT.
• Transfer to another institution.
• Change visa status.
• Prepare for departure.

 

Under the proposed changes, this period could be cut to 30 days.

 

4. Potential impact on PhD and research students

 

Doctoral programmes often take five to seven years to complete.

 

Students in these programmes could be among the most affected because they may need to seek extensions midway through their academic journey.

 

What about OPT and STEM OPT?

 

The final regulation has not yet been published, so the exact impact on Optional Practical Training (OPT) remains unclear.

 

However, immigration lawyers and universities have expressed concerns that moving away from the D/S system could create additional procedural hurdles for students transitioning from study to work. OPT and STEM OPT are critical pathways that allow graduates to gain US work experience and often transition to H-1B visas.

 

Does this rule take effect immediately?

 

No.

 

The White House has only completed its review of the final regulation.

 

The next step is publication of the final rule, after which the government will announce an effective date. Legal experts expect implementation could occur later in 2026, although the exact timeline remains uncertain.

 

What should current and prospective students do?

 

At this stage, there is no immediate action required.

 

Students who are:

 

• Applying for US universities,
• Awaiting visa appointments,
• Already studying in the US,

 

should closely monitor announcements from DHS, USCIS and their universities' international student offices.

 

The final published rule will determine exactly how extensions, programme changes, OPT eligibility and grace periods are handled.

 

For Indian students, who form one of the largest international student groups in the US, the rule could make educational planning more complex and add another layer of immigration compliance to an already demanding process.

 

"The regulation would create significant new compliance and administrative responsibilities for affected foreign nationals and their schools, exchange program sponsors, and employers.

 

In addition, the regulation would result in a significant increase in the number of applications to extend nonimmigrant status filed with USCIS, exacerbating existing USCIS processing delays," said immigration law firm Fragomen.  

10 pain points for Indian students if US changes F-1 visa stay rules

 

• Fixed visa timelines: Students may no longer be allowed to stay automatically for the entire duration of their studies.
• Extension approvals needed: Those needing extra time to complete courses may have to apply separately to USCIS.
• More paperwork and costs: Extension filings could mean additional documentation, fees and compliance requirements.
• PhD students most vulnerable: Long research programmes that often exceed four years may face greater uncertainty.
• Less flexibility to change plans: Switching universities, courses or degree levels could become more complicated.
• OPT planning challenges: Students moving from graduation to work authorisation may need tighter immigration planning.
• Risk of status violations: Missing extension deadlines could increase chances of falling out of legal status.
• Academic delays become riskier: Thesis delays, extra semesters or research extensions may create visa problems.
• More uncertainty for families: Indians spending lakhs on US education may face added immigration unpredictability.
• Greater compliance burden: Students will need to closely monitor visa dates, filings and approvals throughout their stay.