International Students Face Major Changes to U.S. Immigration Rules: What the New Rules Mean for You

The Department of Homeland Security (DHS) has published a final rule that fundamentally changes how long international students on F-1 and J-1 visas may remain in the United States. The regulation, which is scheduled to take effect on September 15, 2026, replaces a system that has been in place for decades and will require many students to become much more proactive in managing their immigration status. For international students, these changes mean that maintaining lawful status will involve more planning, additional government filings, and potentially increased costs throughout the course of their education.

The End of "Duration of Status"

For many years, most international students on F-1 and J-1 visas were admitted to the United States for what is known as "Duration of Status," commonly reflected on the Form I-94 as "D/S."

Rather than receiving a fixed expiration date for how long they could stay in the U.S. , students could generally remain in the United States as long as they continued to comply with the requirements of their academic program and maintained valid immigration status. This structure allowed students to complete their degree programs, participate in authorized training, transfer schools, or pursue additional educational opportunities without having to repeatedly request extensions of stay from U.S. Citizenship and Immigration Services (USCIS). Beginning September 15, 2026, that framework will largely disappear.

How Long Can Students Stay Under the New Rule?

Instead of receiving admission for "Duration of Status," most newly admitted F-1 students and J-1 exchange visitors will receive a specific expiration date. Generally, students will be admitted until the earlier of:

• The end date of their academic program; or

• Four years.

After that period ends, students will generally receive only a 30-day grace period before they must either:

• Depart the United States;

• Apply to USCIS for an extension of status (if eligible); or

• Obtain another lawful immigration status.

This represents a significant departure from prior practice, particularly for students enrolled in lengthy academic programs or those whose educational plans change over time.

What About Students Already in the United States?

One important question is whether the new rule applies only to future students. Students who are already in valid F-1 or J-1 status before September 15, 2026, generally do not need to take immediate action solely because the rule becomes effective. However, any future admissions, extensions, or other immigration benefits may be governed by the new framework. Students should carefully review any future Form I-94 issued after international travel and should understand that future admissions may no longer reflect "D/S."

Extension Requests May Become Much More Common

Under the previous system, many students never had to file an extension of stay during the course of their education. That will likely change. Students whose programs extend beyond the period authorized on their I-94 may now need to submit an extension application to USCIS before their authorized stay expires. Unlike academic updates processed through a school's Designated School Official (DSO), these requests involve filing directly with USCIS, paying filing fees, and waiting for government adjudication. This creates additional expense and introduces another point where delays or denials could disrupt a student's ability to remain lawfully in the United States.

Reduced Grace Period

The regulation also shortens the grace period available to many F-1 students. Previously, most F-1 students were permitted to remain in the United States for 60 days after completing their program in order to prepare for departure, transfer schools, or pursue another immigration option. Under the new rule, that grace period is generally reduced to 30 days. Although this may appear to be a small change, it significantly shortens the time available for students to make important immigration decisions after graduation.

Additional Restrictions on Academic Changes

The regulation also imposes new limitations on students who wish to change their educational plans. Among other changes, DHS has created new restrictions affecting, changing academic majors, transferring to another educational institution, and beginning a new academic program after completing a current degree.

While DHS has indicated that implementation of some of these provisions may be delayed, students should expect greater scrutiny and less flexibility than under prior rules. Anyone considering transferring schools or changing educational objectives should consult with their DSO and, when appropriate, an experienced immigration attorney before making those decisions.

Practical Steps Students Should Take

Although the rule introduces additional complexity, students can reduce the risk of immigration problems by planning ahead. Some practical recommendations include:

• Review every new Form I-94 after entering the United States to confirm the expiration date.

• Keep close communication with your Designated School Official regarding your academic progress and immigration status.

• Begin planning early if your program may extend beyond the authorized period listed on your I-94.

• Do not assume that transferring schools, changing majors, or beginning another degree program will be handled the same way they were in the past.

• If you are considering Optional Practical Training (OPT), graduate school, or another immigration benefit, begin planning well before your current status expires.

• Seek legal advice promptly if your educational plans change or you receive conflicting guidance regarding your immigration status.

What Does This Mean Going Forward?

The elimination of "Duration of Status" represents one of the most significant procedural changes affecting international students in decades. While the rule does not prevent qualified students from studying in the United States, it does create additional administrative requirements and places greater responsibility on students to carefully monitor their immigration status throughout their academic careers. Because many aspects of the rule will require interpretation and implementation by USCIS and educational institutions, additional guidance is expected in the coming months. Students should stay informed and avoid relying on outdated information that may no longer reflect current immigration procedures.

If you are an F-1 student, J-1 exchange visitor, or educational institution with questions about how these changes may affect your situation, please feel free to contact me to discuss your options and develop a strategy to maintain lawful status throughout your program.