Major modifications to the U.S. migrant Regulations may soon complicate the ability of international students to stay in the country and complete their entire academic program without seeking additional approval.
this White House The U.S. Office of Management and Budget (OMB) has approved a final rule proposed by the Department of Homeland Security (DHS) to replace the long-standing “Delimitation of Status” (D/S) system of fixed enrollment periods for international students and exchange visitors, The Times of India reported on Tuesday.
The move is one of the most significant changes to student visa rules in recent years and could affect thousands of Indian students planning to study in the United States.
Once OMB approves the final rule, it will be published in the Federal Register and the implementation period is expected to be 30 to 60 days.
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What is the “Identity Duration” system?
Currently, most international students hold F-1 visa Admission to the United States is granted under a system called “Term of Status,” or D/S.
Within this framework, students can remain in the country as long as they meet visa requirements, including maintaining full-time enrollment and maintaining valid student status. Their stay has no scheduled end date.
This flexibility enables students to:
If necessary, their study time can be extended.
Change their academic curriculum.
Transition from bachelor’s to master’s programs.
Transfer between different universities.
If eligible, complete Optional Practical Training (OPT) and STEM OPT.
Impact of new changes
The new regulations will replace the D/S system and stipulate access deadlines.
Although the final text has not yet been released, an early draft of the proposal suggests that most F-1 and J-1 visa holders would be granted entry for up to four years. Students enrolled in courses beyond this time frame will need to seek an extension from the United States Citizenship and Immigration Services (USCIS).
In effect, this suggests that international students will no longer automatically maintain their identity simply by studying.
Instead, they may need to obtain additional government approval to continue their education beyond the approved enrollment period.
Immigration experts warned that the change could create further challenges for international students, especially those with broad academic trajectories.
Students may encounter risks associated with deferment of application and unlawful presence
According to global immigration firm Fragomen, the most significant changes will involve replacing the existing duration of status (D/S) system with fixed periods of entry for F, J and I visa holders.
Currently, international students can stay in the United States as long as they maintain student status. Fragomen noted that if the proposed rule is enacted:
Students and exchange visitors whose courses extend beyond the authorized period of enrollment may be required to submit an extension of residence application to USCIS.
Such expansion may require additional processing and biometric data collection
Students who remain in the country beyond a designated period without appropriate authorization may begin to accumulate unlawful presence, which may result in serious immigration consequences.
Additionally, Fragomen emphasized that the proposal could reduce the grace period for F-1 students after program completion from 60 days to 30 days
Why did the U.S. government decide to implement this change?
The U.S. Department of Homeland Security (DHS) believes that the current Duration of Status (D/S) system complicates visa compliance monitoring and overstay tracking.
Officials believe that by establishing a fixed end date, they will increase oversight of foreign students, exchange visitors and other certain visa holders. Furthermore, the government claims that this change will help standardize immigration monitoring and strengthen enforcement.
How will Indian students be affected?
India is one of the largest sources of international students in the United States. For Indian students, the potential consequences could be quite serious.
- Students on long-term academic travel may need to apply for an extension from USCIS.
- Under the proposed framework, changing schools, changing degree levels, or changing academic goals may become increasingly challenging. Several immigration experts warned that the rule could limit students’ ability to transfer schools or adjust their education plans without further approval.
- Additionally, the proposal considers shortening the existing 60-day grace period for F-1 students after they complete their program.
- Doctoral programs typically take five to seven years to complete. Students on these courses may be significantly affected as they may need to apply for deferment during their studies.
What happens next?
The White House has just completed its review of the final regulations. This means the new rules will not take effect immediately.
Next steps include publishing the final rules and then the government announcing an effective date. Legal experts predict that implementation could happen later in 2026, but the exact timeline remains unclear.
