The Department of Homeland Security (DHS) finalized an immigration rule imperiling the status international students studying in the U.S. The rule changes the duration of status for F-1 and J-1 visa holders to a fixed four-year period. Students must file for an extension of status to keep working on Optional Practical Training or STEM OPT. This change adds a new filing step to the path many students take toward H-1B sponsorship.
Why it Matters
Establishing a four-year period limit how long international students can stay in the country without seeking government approval to extend. Educators and immigration attorneys warned that limiting the duration period threatens the U.S.’ position as a leading destination for international education. DHS countered that the change closes what it called a “duration of status” loophole and gives immigration officers regular opportunities to check compliance.
The policy has real stakes for higher education and the broader economy. Research from the National Foundation for American Policy found that roughly a quarter of U.S. billion-dollar startups have a founder who first came to America as an international student. DHS itself acknowledged in the final rule that enrollment could decline because of the change, though it said it has no way to quantify how much.
The rule takes effect September 15, 2026. New students admitted after that date get four years to complete their studies unless they obtain an extension. Current students keep their duration of status. However, they can’t stay past four years from the effective date, or their program end date if that comes first, without filing for and receiving an extension. That deadline applies even to students on longer programs, like J-1 research scholars or physicians whose I-20 or DS-2019 lists five or seven years.
As always, Immigration USA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.