Studying in the US: How the rules could change, and what students already in America should do now

The government has now proposed to impose a stay ceiling of four years, beyond which the student visa holder will have to apply to the DHS for an ‘extension of stay’ (EOS).

There are more than a million international students in the US, a third of whom — more than 330,000 — are from India.

What is duration of status, and why does the DHS want to end it?

Currently, no expiry date is put on the I-94 records of students who are admitted to the US on F-1 visas. (Form I-94 is used by Customs and Border Protection (CBP) to record the arrival and departure dates of people visiting the US.)

Instead, their stay is marked as “D/S”, which means they can remain for as long as they are enrolled full-time. Compliance is overseen primarily by universities through Designated School Officials (DSOs), and reported to the Student and Exchange Visitor Information System (SEVIS), the student tracking system of the DHS.

DHS is arguing that the D/S system needs to change.

It has pointed to cases of students staying on for decades in the US, moving from one program to another, and sometimes enrolling in language schools after obtaining advanced degrees.

In 2023, the suspected overstay rate among F-1 visa holders was estimated at 2.69%, a significant number given the very large number of F-1 and J-1 admissions to the US.

F-1 admissions had risen from about 260,000 in 1980-81 to more than 1.6 million in 2023; J-1 exchange visitor admissions had grown 250% since the mid-1980s to cross half a million in 2023.

These numbers “pose a challenge to the Department’s ability to monitor and oversee” such visa holders, according to officials. It is argued that assigning fixed end dates will allow the government to reassess compliance more regularly and reduce opportunities for abuse.

What specific changes have been proposed to the existing system?

* Students can stay for up to four years or until the end date of their program, whichever is sooner.

* To stay longer — to complete a degree, pursue Optional Practical Training (OPT), or enrol for a PhD — they would have to apply for an EOS with US Citizenship and Immigration Services (USCIS) under the DHS.

This would involve filing Form I-539 (application to extend non-immigrant status), paying fees, providing financial evidence, and submitting their biometrics. DHS may also call applicants for an interview.

* The grace period after completing studies would be reduced from 60 days to 30 days.

* Transfers between schools would be restricted: undergraduate students will have to complete an academic year before moving to another school; graduate students will not be able to change programs mid-course.

* Students will not be allowed to start a new degree at the same or lower level while staying in F-1 status, which will effectively end the practice of doing a “second Master’s”.

* The duration of language study will be capped at 24 months.

“Everybody’s going to start having an end date…, initially four years; if you need more time, you have to apply for an extension,” Houston-based immigration attorney Chand Parvatheneni told The Indian Express.

The change in the system will create a new layer of unpredictability, Parvatheneni said: “Until now, as long as the school was confirming someone was enrolled, USCIS did not get involved. Now USCIS could approve or deny. So for somebody spending a lot of money to study, there could be some uncertainty if it takes more than four years.”

Who will be impacted the most if the rules change in this way?

Students in short Master’s programs may not be directly affected, but anyone in a longer program or seeking work experience through OPT, will be impacted.

A two-year Master’s followed by three years of STEM OPT already exceeds the four-year cap. PhD programs, which often take 5-6 years, would almost certainly require one or more extensions.

“What this means is at some point, many might have to apply for extension. Anybody who has a possibility of crossing four years has to understand that they do have to go back to USCIS and apply,” Parvatheneni said.

The elimination of the second Master’s route closes a popular fallback option for Indians who miss out on an H-1B visa (meant for specialty occupations). “Previously, many people used to do a second Master’s because they weren’t getting through with the H-1B lottery. Now that option might be closed. One of the alternatives is probably looking at a PhD,” Parvatheneni said.

What happens to students who are already in the US?

Nothing changes immediately.

The State Department and CBP will continue to admit students under the D/S system until a final rule is put in place. The Student and Exchange Visitor Program (SEVP) of the US Immigration and Customs Enforcement (ICE) has informed universities that this is currently only a proposal, and students need not take any action at this time.

Still, there is anxiety and confusion.

“On the day this news came out…, people assumed the rules were final. I got a lot of messages… We had to tell people this is just a draft, not a final rule,” Parvatheneni said.

If and when the rule is finalised, there will be transition provisions, DHS has indicated. Current students will be given fixed end dates based on their existing I-20s (certificate of eligibility for F-1 status issued by SEVP-certified schools), plus a one-time grace period. They would have to comply with the new framework thereafter.

When could this proposed rule come into effect?

Stakeholders have until September 29 to submit comments on the proposal. Comments on paperwork and SEVIS changes are due by October 27.

DHS must then review and respond to submissions before issuing a final rule. If the process moves forward, the changed rule could take effect in early or mid-2026.

What are universities and educators saying? What should students do?
Universities and advocacy groups have sharply criticised the proposal.

* The Presidents’ Alliance on Higher Education and Immigration, a body comprising 580 American college and university leaders (presidents and chancellors) that aims to “increase public understanding of how immigration policies and practices impact students, campuses and communities”, has described it as “unnecessary and counterproductive”, and warned it would worsen USCIS backlogs and deter students at a time when enrolments are still recovering from the shock of the pandemic.

* NAFSA, the leading association of international educators, has said the proposed rule would shift academic decisions from campuses to immigration officials, which, according to CEO Dr Fanta Aw, is “dangerous and unnecessary”, and would bury students and officials in red tape instead of improving oversight.

* Manifest Law, a Boston-based immigration law firm, has cautioned on its website that mandatory mid-program extensions could create “status/work-authorization uncertainty if filings are late or denied”, even if some protections exist while applications are pending.

* In a detailed FAQ, Houston-headquartered RNLawGroup said that “only USCIS, not the DSO, can grant legal approval” through Form I-539. It stressed that missing the four-year cap or grace period could trigger a three- or 10-year re-entry ban.

* Dallas-based Badmus Law Firm noted that since the average US Bachelor’s degree takes about 4.3 years and a PhD about 5.7 years, “many students would likely exceed the four-year cap”, and should plan carefully for extensions.

* However, Parvathaneni said that despite the uncertainty, “the US is still the best country to get a very good, well-rounded education”, and students who are already in the US should focus on compliance.

“My advice is if you are in the country, follow the rules. Ninety-nine per cent of people who do never have a problem,” he said.

That said, Parvathaneni acknowledged that frequent regulatory changes were deterring some. “The rules are changing so quickly and so often…, it is definitely impacting demand for F-1. A lot fewer people have joined this year because they just want clarity, not surprises,” he said.