Why Indian diaspora groups want US to pause its 4-year student visa rule

The four-year cap doesn't just affect students-it could also hit US universities' finances.

An Indian diaspora advocacy group has urged the US Congress and the US Citizenship and Immigration Services (USCIS) to halt the implementation of new rules that cap the stay of most international students and exchange visitors at four years, arguing that the move could disrupt degree programmes, research and America's ability to attract global talent.

 

The Foundation for India and Indian Diaspora Studies (FIIDS) said the rule could disproportionately affect Indian students, many of whom pursue STEM master's and PhD programmes that often take longer than four years to complete.

 

Here's what the new rule means and why it has sparked concern.

   

What has changed?

 

The US Department of Homeland Security (DHS) has decided to replace the decades-old "Duration of Status (D/S)" system for F-1 student visas, J-1 exchange visitor visas and I visas for journalists with a fixed period of admission. The rule is scheduled to take effect on September 15, 2026, following the congressional review period.

 

Until now, most international students could remain in the US for as long as they maintained their student status, completed their academic programme and, where eligible, participated in post-study training such as Optional Practical Training (OPT).

 

Under the new framework, students and exchange visitors will generally be admitted for the duration of their programme, but for no longer than four years. Those needing additional time must apply to USCIS for an Extension of Stay, shifting oversight from universities to the federal immigration agency.

 

What else changes?

 

Besides introducing a four-year cap, the rule also tightens several long-standing provisions:

 

• The grace period after completing studies is reduced from 60 days to 30 days.
• Students seeking to continue beyond four years must obtain USCIS approval.
• Graduate students face tighter restrictions on changing programmes or institutions without approval.

• Additional immigration filings may be required for students pursuing OPT beyond the initial admission period.

 

Why is the US making this change?

 

The DHS says the previous system made it difficult to monitor visa holders because there was no fixed end date for their stay.

 

According to the department, student visa admissions exceeded 1.8 million in 2024, an increase of more than 11% over the previous year. DHS argues that fixed admission periods will strengthen oversight, reduce visa abuse and improve national security.

 

Homeland Security Secretary Markwayne Mullin said the administration was "reclaiming" its ability to properly screen, vet and monitor visa holders by replacing open-ended stays with defined admission periods

 

Why is FIIDS opposing the move?

 

FIIDS argues that the policy does not reflect the reality of higher education.

 

According to the organisation, the median time to complete a bachelor's degree in the US is about 52 months, while a typical PhD takes around 5.7 years. Requiring students to seek immigration approval midway through their programmes could create uncertainty for students, universities and research laboratories. 

Why are universities and immigration experts worried?

 

Universities say the new rule introduces unnecessary bureaucracy into a system that is already closely monitored.

 

Zuzana Wootson, deputy director of federal policy at the Presidents' Alliance on Higher Education and Immigration, called the rule "unnecessary and duplicative", noting that international students are already subject to extensive reporting requirements through the Student and Exchange Visitor Information System (SEVIS).

 

Fanta Aw, chief executive officer of NAFSA: Association of International Educators, said in a statement quoted by the Associated Press that the rule sends "exactly the wrong message" at a time when countries are competing for global talent. "It tells the world's brightest students and scholars that the United States is becoming less welcoming, less predictable, and less committed," she said.

 

Zuzana Wootson, deputy director of federal policy at the Presidents' Alliance on Higher Education and Immigration, told the Associated Press that the policy is "unnecessary and duplicative" because international students are already among the most closely monitored non-immigrant groups in the US through existing reporting requirements.

 

Defending the rule, US Homeland Security Secretary Markwayne Mullin said in a statement issued by the Department of Homeland Security that the change would help the US "properly screen, vet, and monitor" foreign students by replacing open-ended stays with fixed admission period.

 

Doug Rand, a former senior adviser at the Department of Homeland Security, told Reuters that "most Americans understand the value of welcoming international students and getting rid of needless red tape. This rule would do the opposite."

 

David J. Bier, director of immigration studies at the Cato Institute, told Reuters there is no legal basis for some of the new restrictions, adding that graduates who have spent years in the US would now have just 30 days to find an employer willing to sponsor them before risking falling out of legal status.

 

Why are Indian students likely to be affected?

 

India is now the largest source of international students in the US, with more than 363,000 Indian students enrolled during the 2024–25 academic year, according to the Open Doors report. A significant proportion are pursuing graduate STEM degrees that frequently take more than four years to complete.

 

The Foundation for India and Indian Diaspora Studies says the policy does not reflect the realities of higher education.

 

In a statement, Khanderao Kand, chief of policy and strategy at FIIDS, said:

 

"This is a self-inflicted wound on US competitiveness."

 

According to FIIDS, the median time to complete a bachelor's degree in the US is about 52 months, while a PhD typically takes 5.7 years. The organisation also says USCIS already has a backlog of more than 11 million immigration cases.

 

FIIDS has urged Congress to restore the earlier Duration of Status framework or exempt graduate STEM programmes, exclude OPT and STEM OPT from the four-year calculation, and restore the 60-day grace period.