More than a year after the Department of Homeland Security first proposed limiting how long international students can stay in the US, the rule is finally set to take effect Tuesday.
Any international student who begins their studies after September 15 can only stay in the country for four years, ending a nearly 50-year-old policy allowing students to stay until their studies are concluded. Students can apply for extensions, but experts warn the process could create significant administrative burdens and lead to further declines in international enrollment.
What’s Changing
Under the new regulation, students’ paperwork will be marked with an “Admit Until Date”; either the last day of their program or four years after arrival, whichever is sooner. That is a major problem for many students, particularly Ph.D. candidates, who often require more than four years to complete their degrees.
The rule also cuts the grace period for F-1 students after their status ends from 60 days to 30 days. Students who overstay that grace period can be banned from the US for a period of time.
How Extensions Work
Because almost all Ph.D. programs and some undergraduate programs take longer than four years, many students will likely file extension requests every year. DHS estimates 460,000 requests annually — about half from F-1 students and half from J-1 visa holders.
Extension applications cost $400 each, and USCIS officers will decide whether to grant them. The rule lists three acceptable reasons: “compelling academic reasons,” medical reasons, or “exceptional circumstances beyond the control of the alien.” Struggles to make academic progress, such as failing multiple classes, would not qualify. Decisions cannot be appealed.
What Happens to Current Students
Students operating under the old duration-of-status rule — anyone who entered before September 15 — will not lose their status just because they have been in the US for more than four years. But when their program reaches the end date marked in their documents, they will have to file an extension to study longer, enter a new academic program, or enter OPT.
Students who leave the country and re-enter will be given an Admit Until Date when they return. They will also be subject to the shortened 30-day grace period, whereas those who remain listed as staying for duration of status retain the 60-day period.
What It Means for Institutions
Colleges and universities have raised the alarm about the administrative and financial burden. Each extension requires hours of work and costs hundreds of dollars to file, not counting the additional advising hours institutions anticipate spending on student questions and concerns.
The rule may also lead to further reduction in the already declining number of international students studying in the US. Institutions warn of consequences from lost tuition revenue to difficulty finding graduate students to teach and work in labs.
Other Changes
The regulation also restricts international students’ ability to change their major and institution. Undergraduates will not be allowed to change their major or where they are enrolled in their first year. Graduate students will not be able to change their institution or field of study at all. The rule also prohibits international students from pursuing a lower degree than they already have.
A group of higher education associations is currently suing to vacate the rule, or at least block it temporarily. A federal judge held a hearing September 3 and expressed skepticism about the department’s justification but has not yet ruled.
The Bottom Line
New US international student visa limits take effect September 15, capping stays at four years for new students. Extensions will cost $400 each and require USCIS approval, with limited acceptable reasons. The grace period drops from 60 to 30 days. The rule also restricts changing majors or institutions. Colleges warn of administrative burdens and further enrollment declines. A lawsuit seeking to block the rule is pending.
MY OPINION
This rule is less about national security and more about optics. It leans hard on appearing tough on immigration at the expense of the very people who strengthen America’s universities, labs, and economy.
The United States built its higher education dominance by attracting the best minds from around the world. Roughly half of America’s Ph.D. students in STEM fields are international. They teach undergraduates, run experiments, and fuel innovation. This rule however, treats them like suspects rather than assets.
The four-year cap is especially absurd. Most Ph.D. programs take five to seven years. Everyone knows this. The government knows this. So why impose a cap that virtually guarantees hundreds of thousands of annual extension requests, which each costing $400, requiring USCIS review, and adding to an already massive backlog?
The answer is simple: It is a form of punishment.
Cutting the grace period from 60 days to 30 days is another cruelty. A student who has spent years in this country, paid tens of thousands in tuition, and contributed to research may suddenly find themselves with just one month to leave after graduation. One month to pack up a life. One month to uproot a family.
And the prohibition on changing majors or institutions? That traps students in programs that may not be right for them. It punishes young people for the natural process of discovery that higher education is supposed to be about.
I understand the frustration with overstays. But the vast majority of international students follow the rules. They pay their fees. They obey the law. They contribute to their communities.
This rule tells them they are not welcome. It tells them that even after years of hard work and sacrifice, they are one bureaucratic denial away from being expelled.
If America wants to remain the world’s leader in innovation, it cannot keep slamming the door on the people who make that leadership possible.
