The End of “Duration of Status” – Navigating the Proposed New Rules for Student Visas Holders
For many years, international students and exchange visitors on F-1 and J-1 legal status have enjoyed the benefits of a policy known as “Duration of Status (D/S).” This policy allowed students to remain in the United States indefinitely, provided that they remain an enrolled student within an institution and followed the program’s rules. On August 27, 2025, the Trump Administration announced a significant proposed rule to override this system. The administration cites a need to limit “visa abuse” and enhance national security as grounds for this overhaul.
Key Changes Under the Proposed Rule
These changes would fundamentally change the experience of studying and researching in the United States. Some of the key changes that would take effect should this rule become final include:
- Four-Year Admission Cap: Students would be admitted for a maximum stay of four (4) years. If the program that the student is enrolled in takes longer than four years to complete, such as a Ph.D. program or medical residency, the student must then apply for a formal extension of stay (EOS) though the U.S. Citizenship and Immigration Services (USCIS).
- Stricter Grace Periods: The current 60-day grace period for F-1 students to depart or change status after graduation would be reduced to 30 days.
- Mandatory Extensions for Changes: Students wishing to change majors, transfer institutions, or advance to a new degree level may no longer be able to do this through a simple update to their SEVIS record. They will need to file a formal petition with USCIS, which may include biometrics and additional fees.
- Enhanced Vetting Procedures: This rule emphasizes routine assessments of visa holders, which may include deeper analysis of social media sites and past conduct during extension process.
Why This Matters & The Latest Statuse
This proposed policy change represents a significant shift that could have excess complications for students looking to study in the U.S. Students could face more paperwork, higher costs, and a risk that the administrative delay could lead to a potential “unlawful presence” status. For universities, this new policy change could theoretically impact their ability to attract students from other nations.
As of February 2026, the proposed rule has completed its initial public comment period. While the current administration is framing this shift in policy as a necessary measure, several higher education groups have challenged this move. A final rule is still pending, but it is important to note that these changes, if implemented, will have significant implications for international students who wish to maintain their legal status in U.S. We will continue to monitor progress on this proposed rule and update our page accordingly.
Should you have questions on how to prepare a student visa petition in the midst of these policy proposals and changes or regarding any matter related to immigration law, we recommend contacting the immigration department at Pasricha & Patel, LLC to schedule a consultation.