Initially, this means that international students and other visa holders covered by the new policy will have to periodically request visa extensions and undergo biometrics.
The Office of Management and Budget (OMB) approved the “final” regulation earlier sent to it by the Department of Homeland Security (DHS). This regulation will replace the current Duration of Status (DS) policy for international students (F visa holders), exchange visitors (J visa holders), foreign media representatives (I visa holders), and their dependents with a fixed period.Initially, this means that international students and other visa holders covered by the new policy will have to periodically request visa extensions and undergo biometrics. The costs and associated uncertainty over the extension point to difficult times ahead.The Office of Management and Budget is an agency within the White House, and its declaration is the final step in the rulemaking process before the regulation is published in the Federal Register, which will soon follow. While the contents of the final rule remain unknown until its publication in the Federal Register, immigration experts do not expect a significant difference with the proposed regulation, which was analyzed by TOI in August 2025.Read also | The DHS regulation seeks to tighten residency for international students and remove flexibility in pursuing educational coursesCurrently, international students or exchange visitors are accepted for the duration of their programs, with schools and exchange sponsors responsible for monitoring compliance through the SEVIS tracking system.
The proposed regulations set the visa duration for F-1 (F-1) and JI (exchange visitor) international students to a maximum of four years. A period of only 24 months for English language programs and 12 months for general secondary schools has also been proposed.There is currently a 60-day grace period available so that international students can prepare to leave the United States, or apply for an extension or change of status, after completing their initial program or practicum.
The proposed regulation halved the period to 30 days.India is the number one country of origin for international students in the United States. According to the latest Open Doors report, during the 2024-2025 academic year, there were 3.6 lakh Indian students in the US constituting nearly 31% of the total 11 lakh international student population. While the numbers of new students from India are declining, the pool of Indian students will remain large and the proposed regulation will have a far-reaching impact.A change in current regulations also has other far-reaching consequences. Currently, international students do not begin unlawful presence unless USCIS or an immigration judge formally finds that the individual has violated their nonimmigrant status. If the rule is finalized as proposed, they will begin accumulating unlawful presence as soon as their period expires. Unlawful presence for more than 180 days or more than one year results in a reentry bar of three and ten years, respectively.Immigration lawyer Rajiv S. Khanna told TOI that the proposed regulation would also lead to a potential interruption in work authorization for students in Optional Practical Training (OPT) if their immigration status expires while awaiting extension applications — even if they possess valid work permits.If finalized as proposed, the rule would also prevent international undergraduate students from changing programs, majors or education levels during their first year. Graduate students are prohibited from changing programs of study completely. In issuing the proposal, DHS argued that graduate students should be more focused and committed to their chosen field than undergraduates, and that program changes at this level indicated a lack of real academic purpose.
An international student who completes one degree program will not be permitted to begin another program at the same or lower level while in F-1 status.