NRI Pulse
Immigration

DHS Set to Replace Flexible Student Visa Stays With Fixed Deadlines

NRI PULSE STAFF REPORT

Washington, DC, June 21, 2026: The White House Office of Management and Budget (OMB) has completed its review of a major immigration regulation that would end the long-standing “Duration of Status” (D/S) policy for international students and certain other visa holders, moving the rule one step closer to implementation.

The rule, proposed by the U.S. Department of Homeland Security (DHS), would replace the current system that allows many foreign students and exchange visitors to remain in the United States as long as they comply with the terms of their programs. Instead, affected visa holders would be admitted for a fixed period, generally up to four years or the length of their academic or exchange program, whichever is shorter.

The changes would primarily affect holders of F visas for academic students, J visas for exchange visitors and scholars, and I visas issued to representatives of foreign media, along with their dependents.

Under the proposed framework, students whose programs extend beyond their authorized stay would be required to file an Extension of Stay application with U.S. Citizenship and Immigration Services (USCIS), pay additional fees, and undergo biometric screening. Currently, many students can extend their studies through their educational institutions without filing a separate application with USCIS.

The rule would also shorten the grace period available to F-1 students after completing their programs from 60 days to 30 days, reducing the time available to prepare for departure, transfer schools, or pursue another immigration status. It would further impose tighter restrictions on changing majors, transferring institutions, and pursuing multiple degrees at the same academic level.

Another significant change involves unlawful presence. Under the proposed system, individuals who remain in the United States beyond the expiration date listed on their Form I-94 could automatically begin accruing unlawful presence, potentially triggering three-year or ten-year bars on reentry if they remain beyond authorized limits.

The DHS first published the proposal in August 2025 and received public comments through September 2025. After reviewing those comments, the agency submitted a final version to OMB in May 2026. OMB completed its review on June 17, 2026. The next step is publication in the Federal Register.

Immigration attorneys, universities, and higher education organizations have expressed concern that the new requirements could increase administrative burdens, create uncertainty for students pursuing lengthy academic programs, and make U.S. institutions less attractive to international talent. Supporters of the rule argue that fixed admission periods would strengthen oversight and improve compliance with immigration laws.

According to immigration experts, the final regulation is expected to take effect approximately 60 days after publication in the Federal Register, potentially impacting students arriving for the Fall 2026 academic term.

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