The Department of Homeland Security (DHS) has finalised a major regulatory change that will add to the cost of higher studies in the US through periodic visa extensions and also lead to uncertainty.Under the new rule, most international students (F-1 visa holders) will be admitted to the US for a fixed period of up to four years, the grace period available has been halved to 30 days. F-1 students enrolled in English language training programmes will have a limited aggregate 24-month period of stay.Currently, international students can stay in the US, as long as they are studying. The new rule eliminates this ‘duration of status’ concept and subjects international students (F1 visa holders), exchange visitors (J visa holders) and representatives of foreign media to fixed periods of stay.In a double whammy, the new rule also introduces new restrictions on academic flexibility. Undergraduate F-1 students would be barred from changing their study programme, major, or education level during their first year, except in rare cases.Graduate F-1 students would face even stricter limits, with no ability to change their programme or field of study at all. Moreover, once an international student completes a programme at a certain level, she/he would no longer be permitted to pursue another programme at the same or a lower level under F-1 status.DHS has provided for transition measures for students already present in the US. Those who are currently covered by the ‘duration of status’ mode, may continue to avail of it through their current study programme period or up to four additional years. The new fixed period mechanism is likely to become effective on Sept 17.India is the leading country of origin of international students in the US. According to the latest Open Doors Report, during the academic year 2024-25, there were 3.6 lakh Indian students in the US constituting nearly 31% of the total number of 11 lakh international students. While the numbers of new students from India is falling, the cohort of Indian students will continue to be significant and the new rule will have a far reaching impact.Rajiv S. Khanna, managing attorney at Immigration. com told TOI, “ A similar rule to do away with ‘duration of status’ was proposed in by the earlier Trump administration but could not be finalised. It has now been revived. With a fixed expiration date on their visa, international students, such as those enrolled in higher study programmes of a longer duration (including PhD and medical students and students moving on to Optional Practical Training – OPT) would have to periodically apply for visa extensions. This will create additional unnecessary delays, financial burden and uncertainty for students. Considering that an average extension of status request can take a few months to process, these types of restrictive regulations will increase the uncertainty international students would face.”Extensions would require USCIS approval, formal documentation, and biometric data. Students who fail to extend in time would begin accruing unlawful presence, potentially triggering three- or ten-year re-entry bans.Cyrus D. Mehta, NY based immigration attorney, warned that the elimination of ‘duration of status’ would have severe unintended consequences. “Students could unknowingly accumulate unlawful presence due to technical status violations, potentially leading to re-entry bans.”A grace period is available so that students can prepare to depart the US or apply for an extension or change of status, following the completion of their study or practical training. “The reduction of grace periods from 60 to 30 days would further impact students’ flexibility, hindering their ability to transition to other visa statuses, such as employment-based visas,” Mehta said.The final rule also restricts academic flexibility. For instance, it stipulates that graduate-level F-1 students generally may not change educational objectives during their programme. DHS argues that graduate students should be more focused and committed to their chosen field than undergraduates, and that programme changes at this level indicate a lack of genuine academic purpose. Also, such students cannot seek transfer to another educational institution (with limited exceptions for which approval is needed).“This represents a fundamental misunderstanding of how graduate education works. Students may discover new interests or realize their current programme isn’t the best fit for their career goals. The proposed regulation treats legitimate academic change as fraud,” said Khanna.It is also stipulated that students who complete a programme of study generally must progress to a higher educational level rather than pursue another programme at the same or lower level while remaining in F-1 status. In short: once you complete a bachelor’s programme, you can only move upward in your studies (like bachelor’s to master’s to PhD. You cannot repeat the same level or go down a level while keeping your student visa.“While targeting obvious abuse, this restriction eliminates legitimate educational pathways and assumes all education must follow a linear progression, ignoring how modern professional development actually works. For instance, a graduate in literature who wants to study computer science and opt for a complete career change may need to complete undergraduate prerequisites. Technology professionals may need regular skill updates for which they may need to pursue multiple study programmes,” said Khanna.
