OVER THREE lakh Indian students studying in the US on F-1 visa are set to be affected by the new regulation of the Department of Homeland Security (DHS), which mandates that they transition to the new system “automatically” and have their “authorised stay capped at a maximum of four years”.
Experts point out that there is still a lack of clarity, and processes will become clearer once the rules become applicable in mid-September. However, they say that the new rule may complicate matters for existing students.
This rule fundamentally changes how international students maintain lawful status in the US, says Bangalore-based Sukanya Raman, US Immigration Advisor at the law firm, Immigration Desk.
“Instead of remaining in F-1 visa status for as long as they comply with their academic programme, students now face fixed admission deadlines and must file for an extension of stay to complete longer degrees,” she says.
The DHS on Thursday announced a rule that eliminates “duration of status (D/S)” — a provision that allowed foreign students, exchange visitors and media representatives to extend their stay in the US without being subject to additional screening.
International students in the US are largely on F-1 visas. Holders of F (student visa) and J (exchange visitor visa) visas can remain in the US for as long as they maintain their student status; their stay is marked as “D/S”. If they need more time to complete a programme, they can request their educational institution to extend the duration of their stay.
However, the new rule demands that students be admitted for a fixed period matching the length of their academic programme, with a maximum initial admission of four years. Those who take longer to complete their degrees have to formally petition the US Citizenship and Immigration Services (USCIS) for an extension of stay. The post-graduation grace period to prepare to depart the US or apply for a status change has also been halved from 60 days to 30 days.
Here is what to know.
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“For students in longer academic pathways, such as PhD, medical, or research-intensive programmes, this introduces additional planning, filing costs and the risk of status disruptions if extensions are delayed,” Raman says.
As of January 2025, there were about 300,000 Indian students in the US, mostly in graduate (Master’s) programmes in STEM (Science, Technology, Engineering and Mathematics) fields. According to the US State Department report, in 2024, 90,129 Indians obtained F visas.
The US government claims that this shift restores integrity to the nation’s immigration system, combats rampant visa abuse, and strengthens national security through regular vetting.
DHS Secretary Markwayne Mullin said, “For decades, foreign students have been admitted into the US indefinitely, allowing thousands to abuse our immigration system by perpetually enrolling in courses to avoid having to leave the US.”
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“Current nonimmigrant visa holders residing in the US under the previous “duration of status” framework will transition to the new system automatically, with their authorized stay capped at a maximum of four years from the effective date of this rule,” says the DHS statement in this regard.
Experts say the new rule will not only impact the F-1 status but also affect other related issues such as optional practical training (OPT). For F-1 students, the duration of stay has been considered as the time the individual took to complete their academic programme and any post-completion OPT, plus a 60-day grace period.
The significant change is that F-1 students will now be admitted for a fixed period (generally up to four years) instead of D/S, says Mumbai-based immigration lawyer Surabhi Singh. “Accordingly, students will need to ensure that their underlying F-1 status remains valid throughout any period of OPT,” she says.
However, OPT itself has not been eliminated by the final rule. Students remain eligible to apply for the existing 12-month post-completion OPT, and eligible STEM graduates may still seek the 24-month STEM OPT extension, say immigration experts, even as they add that “the interaction between the fixed admission period and OPT/STEM OPT, particularly where the admission period expires during a student’s OPT or STEM OPT has not yet been fully addressed in the final rule”.
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There is no indication yet that students will be required to depart the US and re-enter in order to apply for OPT, Singh says, adding that the existing regulatory framework governing OPT applications has not been amended and students should continue to be able to apply for OPT from within the US while maintaining valid F1 status.
However, Singh says, “The practical issue under the new rule is not where the OPT application is filed, but whether the student continues to have a valid period of F-1 admission. If the student’s fixed period of admission is due to expire before or during OPT, they may need to obtain an extension of stay or otherwise maintain valid F1 status in accordance with future DHS/USCIS guidance.”
Explaining how this will likely pan out for existing international students, of which Indian form the largest group, an immigration attorney based in New York says: “During the transition period, it appears that existing F-1s who have a pending application for post-completion OPT or STEM OPT employment authorisation when the regulation takes effect, or who file such an application within six months of the regulation’s effective date, will not be required to file a separate extension of F-1 status.”
Several attorneys in the US whom The Indian Express spoke with have expressed apprehensions that the new policy threatens the United States’ image as a leading destination for international students and will also harm the ability to attract and retain promising talents from around the world.
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While experts believe the DHS visa rules will not stop the upcoming fall intake, the rules do create significant administrative challenges and uncertainty for new students. The final rule takes effect on September 15, by which time Fall admissions and visa processes are generally complete.
The policy change also moves oversight from university staff back to federal authorities and subjects applicants to biometric vetting, background checks, and fraud screenings, the DHS said.