White House Finalizes Regulations Impacting Flexibility for International Students’ Stay and Studies
The Office of Management and Budget (OMB) has approved a final regulation from the Department of Homeland Security (DHS) that will significantly alter the visa status for international students and other visa holders. This new regulation will replace the existing ‘duration of status’ policy with a fixed tenure for F visa holders, J visa holders, and their dependents. As a result, affected individuals will need to seek periodic visa extensions and undergo biometrics, leading to increased costs and uncertainty.
Changes to Visa Tenure
Under the proposed regulation, the visa tenure for F-1 international students and J-1 exchange visitors will be capped at four years. Specific limits will also apply to certain programs, with a maximum of 24 months for English language programs and 12 months for public high schools. Currently, international students are admitted for the duration of their programs, monitored by schools and exchange sponsors through the SEVIS tracking system.
The grace period for international students following the completion of their programs will also be reduced from 60 days to 30 days, limiting their time to prepare for departure or apply for an extension.
Impact on Indian Students
India remains the largest source of international students in the U.S., with approximately 360,000 Indian students enrolled during the 2024-25 academic year, making up nearly 31% of the total 1.1 million international students. Although the number of new students from India is declining, the existing cohort will be significantly affected by the proposed changes.
The regulation could also lead to serious consequences regarding unlawful presence. Currently, students only accrue unlawful presence if formally found to have violated their status. If the new rule is finalized, students would begin accruing unlawful presence as soon as their visa period expires, which could result in re-entry bars of three or ten years for violations exceeding 180 days or one year, respectively.
Restrictions on Program Changes
The proposed regulation would impose additional restrictions on students’ ability to change programs or majors. International undergraduate students would not be allowed to change programs within their first year, while graduate students would be prohibited from changing study programs entirely. DHS has argued that such restrictions are necessary to ensure that graduate students remain focused on their chosen fields, as program changes may indicate a lack of genuine academic purpose.
Immigration attorney Rajiv S. Khanna has noted that these changes could also disrupt work authorization for students on Optional Practical Training (OPT) if their immigration status expires while extension applications are pending, even if they hold valid work permits.
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