The Office of Management and Budget (OMB) has cleared a final regulation sent by the Department of Homeland Security (DHS) that will replace the current duration-of-status (DS) policy for international students (F visa holders), exchange visitors (J visa holders), representatives of foreign information media (I visa holders), and their dependents with a fixed tenure. This change means that affected visa holders must seek periodic extensions and undergo biometrics, introducing costs and uncertainty.
Regulatory Process and Expected Impact
OMB clearance is the final step before the regulation is published in the Federal Register. While the final rule's contents remain unknown until publication, immigration experts expect little variation from the proposed regulation analyzed in August 2025. The proposed rule capped F-1 and J-1 visa tenure at four years, with just 24 months for English language programs and 12 months for public high schools. It also halved the grace period from 60 to 30 days after program completion.
Impact on Indian Students
India is the leading source of international students in the US. According to the Open Doors Report for 2024-25, there were 360,000 Indian students, nearly 31% of the total 1.1 million international students. Although new enrollments from India are declining, the cohort remains significant, and the regulation will have far-reaching effects.
Consequences of the Proposed Rule
Under current rules, unlawful presence accrues only after a formal finding of status violation. The proposed rule would start accruing unlawful presence immediately upon expiration of the authorized stay. Unlawful presence of over 180 days results in a three-year re-entry bar, while over one year results in a ten-year bar.
Immigration attorney Rajiv S. Khanna noted that the rule could cause work authorization interruptions for students on Optional Practical Training (OPT) if their status expires while extension applications are pending, even with valid work permits.
Restrictions on Program Changes
The proposed rule would prohibit undergraduate international students from changing programs, majors, or education levels within their first year. Graduate students would be barred from changing study programs entirely. DHS argued that graduate students should be more focused, and program changes indicate a lack of genuine academic purpose. Additionally, students completing one degree cannot start another at the same or lower level while in F-1 status.
This regulation marks a significant shift in US immigration policy for international students, introducing fixed time limits and stricter compliance measures.
