NEW STUDENT VISA RULE WILL LIMIT INTERNATIONAL STUDENTS TO FIXED PERIODS OF STAY

The Trump administration has finalized a major change to the rules governing international students in the United States. Beginning September 15, 2026, unless the effective date changes following congressional review, foreign students will generally no longer be admitted for an open-ended duration of status.

Instead, F-1 students will receive a specific expiration date for their authorized stay in the United States. The admission period will generally be based on the length of the academic program but cannot exceed four years at a time.

This is one of the most significant changes to the international student system in decades.

What Is Changing?

Under the current duration of status system, an F-1 student may generally remain in the United States for as long as the student continues to pursue an authorized academic program, maintains valid student status and completes any approved practical training.

The student’s Form I-94 commonly lists D/S instead of a specific expiration date.

Under the new rule, students will be issued an I-94 containing a fixed expiration date. Students who need additional time to complete their studies or authorized training may have to apply to U.S. Citizenship and Immigration Services for an extension of stay.

The extension will not be automatic. The student must file on time and demonstrate continued eligibility for F-1 status.

Four-Year Maximum Admission Period

The initial admission period for F-1 students will generally be limited to the length of the academic program, up to a maximum of four years.

This could create serious difficulties for students enrolled in programs that regularly take longer than four years, including:

Doctoral and Ph.D. programs
Medical and professional degree programs
Research-intensive graduate programs
Combined undergraduate and graduate programs
Programs delayed by required research, clinical training or other academic circumstances

Students who cannot complete their program before the expiration date on the I-94 may need to request an extension from USCIS. Academic probation, suspension or repeated failure to make progress may generally not be accepted as sufficient reasons for an extension.

New Restrictions on Transfers and Academic Programs

The rule also creates additional restrictions on changing schools, majors and educational levels.

F-1 students will generally be required to complete their first academic year at the school that issued the initial Form I-20 before transferring or changing their educational objective, unless an exception is approved.

Graduate students may face even stricter limitations. Students at the graduate level or above will generally be prohibited from changing their educational objective during the program. Transfers may also be restricted unless the Student and Exchange Visitor Program approves an exception based on extenuating circumstances.

After completing a program, an F-1 student will generally be permitted to begin another program only at a higher educational level. Starting another program at the same or a lower level may no longer be permitted while remaining in F-1 status.

These restrictions could significantly affect students who discover that their original major is not suitable, need to transfer because of financial or personal circumstances, or want to pursue a second degree at the same educational level.

Shorter Grace Period After Graduation

The rule reduces the departure period following completion of studies or post-completion practical training from 60 days to 30 days.

During this shortened period, students may need to:

Prepare to leave the United States
File an eligible application to change immigration status
Begin an authorized higher-level academic program
Take another legally permitted step to remain in lawful status

Thirty days is a very limited amount of time, particularly for students waiting for employment sponsorship, preparing another immigration filing or dealing with unexpected academic or personal problems.

Students who end their program or training early will also generally have only 30 days to leave the United States or take appropriate action to maintain lawful status.

How Will the Rule Affect OPT and STEM OPT?

Optional Practical Training and STEM OPT are not eliminated by the rule. However, the fixed expiration date system may make the process more complicated.

A student’s authorized stay could expire while an OPT or STEM OPT application is pending or while employment authorization remains valid. In some situations, the student may need to file both an employment authorization application and a separate extension-of-stay request.

The rule contains certain transitional protections, including temporary relief during the first six months after implementation for some students applying for post-completion OPT or STEM OPT. Nevertheless, students should not assume that an OPT application automatically extends every aspect of their immigration status.

The Rule Also Affects Exchange Visitors and Journalists

The changes are not limited to F-1 students.

J-1 exchange visitors will also generally receive fixed admission periods of up to four years. Foreign journalists in I status will generally be admitted for periods of up to 240 days. Certain journalists holding passports issued by the People’s Republic of China may be limited to 90-day admission periods.

Extensions may be available, but they will require additional applications and government review.

Why Is the Government Making This Change?

The Department of Homeland Security argues that fixed expiration dates will improve immigration oversight and allow the government to review whether students and exchange visitors continue to comply with the requirements of their status.

The administration has expressed concern that some individuals have remained in student or exchange visitor status for many years by repeatedly enrolling in new programs.

Universities and international education organizations have criticized the change. They argue that international students are already closely monitored through the Student and Exchange Visitor Information System and that the new process will create delays, additional expenses and uncertainty for students, schools and the federal government.

There are also concerns that the rule may discourage talented international students from studying in the United States, particularly those considering lengthy graduate and STEM programs.

What Should International Students Do Now?

International students should carefully review their:

Passport and visa expiration dates
Most recent Form I-94
Form I-20 or Form DS-2019
Academic program end date
OPT or STEM OPT eligibility
Plans to transfer schools or change academic programs
Long-term immigration options after graduation

Students should also remain in close contact with their designated school official. However, school officials cannot provide individualized legal advice about changing immigration status, employment sponsorship, adjustment of status or other immigration strategies.

The expiration date on the visa stamp is not necessarily the same as the expiration date of authorized stay in the United States. Under the new system, the date listed on the Form I-94 will become especially important.

Missing an extension deadline could result in a loss of lawful status, the accrual of unlawful presence and serious problems with future visas, travel or permanent residence applications.

Because implementation guidance may continue to develop, students should obtain legal advice before transferring schools, changing programs, traveling internationally or approaching the expiration date of their authorized stay.

For assistance with student status, extensions of stay, changes of status and other U.S. immigration matters, contact Shepelsky Law Group at (718) 769-6352 or visit www.ShepelskyLaw.com.

This article provides general information and does not constitute legal advice.