Goodbye, Open-Ended Stay: US Student Visa Change Could Reshape Study Plans for Thousands of Indians

A major change to America's student visa system is now just a regulatory step away from becoming reality and it could significantly alter how long Indian students are allowed to stay in the United States.

The White House Office of Management and Budget has cleared a final rule from the Department of Homeland Security that would scrap the decades-old "Duration of Status" (D/S) framework for F-1 and J-1 visa holders, and replace it with a fixed admission period. Once published in the Federal Register, the rule is expected to take effect within 30 to 60 days, with some immigration attorneys projecting implementation as early as September 2026.

As always, here, our eb1a consultancy has discussed this news in all its details and what could possibly change for the U.S. students.

What's changing for the international students on the U.S. soil

For more than three decades, international students have been allowed to remain in the US for as long as their academic program required, with no fixed expiry stamped on their entry record. Under the proposed system, that flexibility disappears. Most F-1 and J-1 holders would instead be admitted for either the length of their program or a maximum of four years; whichever is shorter, according to analysis from immigration firms including Fragomen and Berry Appleman & Leiden (BAL).

Anyone needing more time, particularly PhD candidates, whose programs frequently run five to seven years, would have to file a formal extension request with US Citizenship and Immigration Services, complete with biometrics and fresh documentation. Missing that window could mean accruing unlawful presence with serious long-term immigration consequences.

The proposal would also shrink the post-graduation grace period from 60 days to 30. Consequently, it will compress the time students have to apply for Optional Practical Training (OPT), or change visa status before they must leave the country.

Why Washington wants this

DHS has argued the current open-ended system makes it difficult to track compliance and flag overstays. The new change would tighten oversight and align student visas more closely with other nonimmigrant categories that already carry hard end dates. Law firm Ogletree Deakins has also flagged new restrictions on switching universities or academic programs as part of the broader package.

What should students do now?

At least for the time being, nothing is final. The rule still needs formal publication, and an effective date has not been set. Our affiliated eb1a attorneys advise current and prospective students to track updates from DHS, USCIS, and their university's international office closely, since the published text will determine exactly how extensions, and OPT eligibility will work in practice.

If you are planning for a permanent residency on the U.S. and looking to explore the eb1a pathway, get in touch with us. At GCEB1, we provide personalized mentoring for industry experts and skilled professionals all over the world. We wish you a safe and stress free immigration journey ahead.

Frequently asked questions on the new U.S. students visa law

1. What is the new US student visa rule about?

The Department of Homeland Security plans to replace the "Duration of Status" system for F-1 and J-1 visa holders with a fixed admission period, generally capped at four years.

2. When will the new F-1 visa rule take effect?

The rule has cleared White House review and will be published in the Federal Register, with implementation expected 30–60 days later — possibly as early as September 2026.

3. How will this affect Indian students in the US?

Indian students pursuing longer programs, especially PhDs, may need to file extension applications with USCIS, face added paperwork, and risk processing delays compared to the current open-ended system.

4. What happens if a student's program exceeds four years?

Students would need to file Form I-539 with USCIS for an extension of stay, along with biometrics and proof of continued academic progress, before their authorized period expires.

5. Will the OPT and STEM OPT grace period change too?

Yes. The proposal would shorten the post-graduation grace period from 60 days to 30 days, giving students less time to apply for OPT or change status.

6. Can students still switch universities or change majors under the new rule?

The proposal introduces stricter limits on transferring schools or changing academic programs, particularly within the first year of study.

7. Is the new visa rule already in effect?

No. As of now, only the final regulatory review has been completed. The rule must still be published, and an official effective date is yet to be announced.

Sources & further readings

• Economic Times. “US Weighs Major Student Visa Change as ‘Duration of Status’ Rule Reaches Final Review.”.Economic Times, May 2026. https://economictimes.indiatimes.com/nri/study/us-weighs-major-student-visa-change-as-duration-of-status-rule-reaches-final-review/articleshow/130882445.cms.
• ICEF Monitor. “US Moves to End Duration of Status for F, J, and I Visas: New Rule Could Limit the Time International Students Can Study in the US.” ICEF Monitor, May 2026. https://monitor.icef.com/2026/05/us-moves-to-end-duration-of-status-for-f-j-and-i-visas-new-rule-could-limit-the-time-international-students-can-study-in-the-us/.
• The PIE News. “US: Duration of Status Elimination Moves to Final Review.” The PIE News, June 2026. https://thepienews.com/us-duration-of-status-elimination-moves-to-final-review/.
• Times of India. “Foreign Students on F-1 Visas Could Face Four-Year Stay Cap Under White House Plan, J-1 Also Affected.” Times of India, May 2026. https://timesofindia.indiatimes.com/world/us/foreign-students-on-f-1-visas-could-face-four-year-stay-cap-under-white-house-plan-j-1-also-affected/articleshow/130867936.cms.