The US Department of Homeland Security has finalized a regulation replacing the long-standing “duration of status” system with a fixed period of stay for foreign students, exchange visitors, and foreign media representatives.
Under the new rule, international students on F-1 visas will generally be allowed to remain in the US for up to four years. Those who need more time to complete their studies — including doctoral candidates and students in research-based master’s programs — will have to seek an extension from DHS before their authorized stay expires.
The move is now subject to congressional review before it takes effect.
End of ‘Duration of Status’
For decades, international students on F-1 visas have been admitted under a system known as “duration of status.” Instead of receiving a fixed expiry date, students were allowed to remain in the country as long as they maintained full-time enrollment and complied with visa requirements.
The new DHS rule ends that arrangement.
Once the four-year admission period expires, students will no longer be able to continue their studies automatically. Instead, they will have to apply to DHS to extend their legal status if their degree or research program is still ongoing.
The same framework will also apply to J-1 exchange visitors, including many foreign researchers and scholars, as well as journalists holding I visas.
Impact on Indian Students
The rule is expected to have a significant impact on Indian students, who now form the largest international student community in the United States.
According to the Open Doors 2024 report, more than 331,000 Indian students were enrolled at US colleges and universities during the 2023-24 academic year. They account for nearly 30 per cent of all international students in the country.
Many Indian students pursue programmes that take longer than four years to complete, including doctoral degrees, research-based master’s programmes, medical training, engineering research, and other specialised professional courses.
Under the new system, these students would have to secure an extension from DHS before the end of their authorised stay if they wish to continue studying legally.
What Happens If a Student’s Stay Expires?
One of the biggest concerns surrounding the new rule is what happens if a student fails to obtain an extension before the authorised stay ends.
Unlike the current system, students whose legal stay expires could immediately begin accumulating unlawful presence in the United States. Even administrative delays, processing backlogs, or paperwork errors could leave students temporarily out of legal status if an extension is not approved in time.
Latest Change in Trump’s Immigration Drive
The new regulation is the latest immigration measure introduced by the Trump administration that directly affects international students.
Over the past year, DHS has taken several steps to tighten oversight of student visas, including terminating the legal status of thousands of students under its “Student Criminal Alien Initiative” and introducing tougher enforcement against alleged fraud involving F-1 visas.
The administration has also revised the H-1B visa lottery system, reducing the chances of selection for many early-career professionals seeking employment after graduation.
The Bottom Line
The US Department of Homeland Security has finalized a rule replacing the “duration of status” system for F-1 student visas with a fixed four-year stay cap. Students needing more time must seek extensions. The rule affects nearly 1.2 million international students, including more than 331,000 Indians. It is subject to congressional review before taking effect. Critics warn it could create uncertainty and leave students at risk of unlawful presence due to processing delays.
