Since the 1990s, an international student entering the United States on an F-1 visa has carried a single instruction on their immigration record: Duration of Status. It meant they could stay as long as they remained enrolled and compliant. No expiry date. No countdown clock.
Before Duration of Status (D/S), students were admitted with a fixed date on their I-94 and had to go back to USCIS to renew if they needed more time. The shift to D/S happened as part of a broader move to reduce bureaucratic burden on both students and the immigration system. The logic was, a student's legal timeline is unpredictable — research takes longer than expected, you switch programmes, your thesis gets delayed — so tying their stay to programme completion rather than a calendar date just made administrative sense. Universities were given the authority to manage this tracking students in real time.
That system is ending.
The White House has cleared a proposed regulation from the US Department of Homeland Security (DHS) that would replace the decades-old "Duration of Status" (D/S) framework with fixed periods of authorised stay for international students. On May 5, 2026, the DHS submitted the final rule to the White House Office of Management and Budget (OMB), which completed its review on June 17. The proposal now awaits publication in the Federal Register and, if finalised, is expected to take effect 60 days later. Immigration experts say implementation could begin as early as September 2026.
Under the proposal, most holders of F-1 student visas, J-1 exchange visitor visas, and I visas would receive an authorised stay of up to four years instead of remaining in the US for the duration of their academic programme. Students whose courses extend beyond that period, including many doctoral candidates, research-intensive master's students, medical students, and those enrolled in dual-degree or other long-duration programmes, would be required to apply to the US Citizenship and Immigration Services (USCIS) for an extension of stay.
The extension process would involve additional documentation, biometric appointments, application fees, and processing timelines that can run into several months. The proposal marks one of the most significant changes to the US student visa system in three decades, particularly for Indian students, who today constitute the largest international student community in the United States.
According to the US Immigration and Customs Enforcement's (ICE) SEVIS by the Numbers 2024 report, nearly 420,000 Indian students were studying in the United States in 2024, accounting for approximately 27% of all international students, the largest share of any country.
What changes under the proposed rule?
At present, international students admitted under the Duration of Status framework can remain in the US for as long as they continue to meet visa conditions and remain enrolled in an approved academic programme. The system also provides flexibility to change universities, pursue higher degrees, extend research, and transition into post-study work opportunities such as Optional Practical Training (OPT) and STEM OPT without applying for a fresh admission period.
Under the proposed rule, instead of their stay being linked to the length of their academic programme, students would be granted a fixed period of authorised stay. Those requiring additional time for research, thesis work, internships, or programme extensions would need government approval before their authorised period expires. The extension process could involve additional documentation, biometric verification, and longer processing timelines.
Failure to secure an extension before the authorised stay expires could result in students immediately beginning to accrue unlawful presence, potentially exposing them to immigration penalties and restrictions on future travel to the United States.
Why Indian students may be affected the most
Indian students are likely to be among the most affected.
According to the Institute of International Education's Open Doors 2024 report, more than 331,000 Indian students were enrolled in US higher education institutions during the 2023-24 academic year, accounting for nearly 30% of all international students in the country. Indian nationals make up roughly half of all OPT and STEM OPT participants, the post-study work pathways that many international graduates depend on to transition into employment in the US.
The OPT complication is where the policy change becomes most concerning for career-planning students. Under the current system, a student's stay through OPT is tied to their underlying F-1 Duration of Status. Under the proposed rule, that link breaks. A student approved for OPT or STEM OPT would not automatically be authorised to remain for the full work authorisation period; they would need to file a separate extension with USCIS to align their immigration record with their employment authorisation. If the underlying status expires before the extension is processed, the work authorisation document may become meaningless.
Major higher education bodies, including the Association of American Universities, the American Council on Education, and NAFSA, have argued that fixed stay periods would create "a high degree of uncertainty" for students whose research timelines fluctuate, and would substantially increase administrative burdens on institutions. They have also warned that transitions from academic programmes to employment under OPT could be disrupted by processing backlogs.
The DHS has framed the overhaul as a security measure, arguing that the open-ended Duration of Status framework has created compliance gaps and fraud vulnerabilities. The proposal was first advanced during President Donald Trump's first term, shelved, and revived in 2025 before arriving at its current stage.
More planning, not less opportunity
Abhijit Zaveri, Managing Director of Career Mosaic, an education consultancy advising Indian students on overseas options, says the policy should be read as mere structural shift. "This should not be seen as a loss of relevance for US higher education. Its academic strength, research ecosystem, industry linkages, and global recognition remain strong. What is changing is the level of preparedness expected from students," he says.
The key, he believes, is preparation. "Students should stay updated, maintain strong documentation, and engage early with universities and counsellors. With the right planning, Indian students will continue to pursue global education opportunities confidently," he added.
He also notes that although Indian students are likely to watch the policy closely because of their large numbers, the proposal is not targeted at any particular nationality. "Indian students have consistently shown the ability to adapt to changing global education environments. However, students pursuing longer-duration or highly structured programmes should pay closer attention to policy developments. This includes PhDs, research-led master’s degrees, medical programmes, dual-degree pathways, and courses involving extended internships, clinical exposure, or professional placements," he notes.
What happens next?
The proposed regulation has not yet been formally published or implemented. Until then, international students continue to remain under the existing Duration of Status system. However, if the rule comes into force, it would represent one of the biggest changes to US student immigration policy, prompting prospective students to pay closer attention to visa timelines, compliance requirements, and long-term academic planning.
What that means for India's study-abroad pipeline, and for the US institutions, will become clearer once the Federal Register publishes the final text and the September intake approaches.
