Immigration
Breaking Down DHS’s New Immigration Rule: What It Means for International Students and Exchange Visitors
By Buchanan Attorneys Khushbu Patel and Dilip Patel
On July 17, the Department of Homeland Security (DHS) announced a final rule that marks a substantial shift in how foreign students, exchange visitors, and media representatives are admitted and monitored in the United States. This new regulation aims to eliminate the long-standing “duration of status” policy. Let’s explore what this means for international students and the broader landscape of U.S. immigration policy.
What is the Old System and Why Was It Changed?
For nearly five decades, the “duration of status” policy permitted certain nonimmigrant visa holders, particularly F students, J exchange visitors, and I media representatives, to remain in the U.S. without a fixed end date. Instead of having a set period of admission, these individuals could stay as long as they maintained their status.
What Are the Major Changes?
- Fixed Period of Admission
Under the new regulation, F and J visa holders will be granted a definitive period of stay based on their program length, not to exceed four years. This period corresponds to the duration listed on their Form I-20 (Certificate of Eligibility), plus a 30-day window before arrival and a 30-day window post-program for departure. This means a student enrolled in a two-year program will now have a clear two-year (plus the 60-day buffer) window to stay in the U.S.
- Mandatory Extensions of Stay (EOS)
If students need more time to complete their studies, they must formally request an Extension of Stay through U.S. Citizenship and Immigration Services (USCIS), transitioning oversight from university staff to federal authorities. This process involves biometric vetting, background checks, and fraud screening, adding an extra layer of security and scrutiny.
- Reduced Grace Periods
Post-graduation, students will have only a 30-day window to prepare for departure, transfer schools, or change their status, compared to the previous 60 days. This change aims to encourage timely departure and reduce prolonged stays.
- Restrictions on Academic Changes
F students enrolled in programs below the graduate level cannot change educational levels or change their major during their first year of study, unless SEVP authorizes an exception for extenuating circumstances. Students enrolled in programs at the graduate level or above cannot change educational levels during their program of study.
Additionally, students are prohibited from the following after completion of a program of study:
- Changing to a program of study at a lower educational level (e.g., moving from a master’s program to a bachelor’s program); or
- Changing to a program of study at the same educational level (e.g., moving from a bachelor’s program to a bachelor’s program).
Further, F students enrolled in programs below the graduate level cannot transfer to another school during the first year of a program of study and must complete their first year at the school that initially issued their Form I-20, unless SEVP authorizes an exception for extenuating circumstances. Students enrolled in programs at the graduate level or above also cannot transfer at any point during their program of study, unless SEVP authorizes an exception for extenuating circumstances.
What Does This Mean for Current Visa Holders?
For students already in the U.S. under the old system, they may remain in the United States without applying for an Extension of Stay (“EOS”) up to the Program End Date on their Form I-20 or the end of their post-completion OPT or STEM OPT that is valid on the final rule’s effective date, not to exceed Nov. 14, 2030 (four years, plus a 60-day departure period).
Important: If students wish to stay beyond their initial period, they must file for an EOS and possibly seek a new admission if they travel outside the U.S. and attempt re-entry.
What’s Next?
The new rule takes effect on Sept. 15, 2026. Until then, current “duration of status” policies remain in place, allowing students to stay without needing to apply for an extension unless they wish to remain beyond their program’s duration.
Final Thoughts
The United States continues to be one of the world’s leading destinations for higher education, research and professional opportunities. This new rule does not alter the opportunities available to international students. However, students can no longer assume that changing universities, beginning a new degree at the same level, or extending a lengthy program will be straightforward administrative processes.
Moving forward, academic planning and immigration considerations will need to be coordinated more closely to ensure compliance and smooth transitions. For legal advice relating to this new policy, it is important to contact an immigration attorney.
Tampa Bay area welcomes Attorney Khushbu Patel
We are pleased to introduce Attorney Khushbu Patel to our readers. Khushbu is an experienced immigration attorney and has recently joined the Buchanan Ingersoll & Rooney law firm to work with Dilip Patel, who writes our immigration articles. Khushbu brings with her a wealth of knowledge in immigration law and a passion for helping individuals and families navigate the complexities of the immigration process.
Khushbu was born and raised in Richmond, Va., where she developed a strong foundation in legal principles and a deep commitment to serving her community. She earned her law degree from a respected institution, Rutgers Law School, where she developed a keen understanding of the challenges faced by immigrants in the United States.
She married in April 2024 and recently moved to the Tampa area with her husband, who works in commercial contracting. Khushbu’s move to Tampa not only marks a new chapter in her personal journey but also allows her to contribute her expertise to the growing community in the region. Fluent in Gujarati, she is an active member of the BAPS Swaminarayan Mandir in Thonotosassa, Florida.
We are thrilled to welcome Khushbu to our readers and look forward to the invaluable information she will provide to them in the field of immigration law.