Immigration lawyer Emily Newman said international students on an F1 visa who are currently in the United States should not travel abroad now.
The Donald Trump administration has finalized the 4-year fixed residency rule for international students which means that students coming to the US will be allowed to stay only for four years – the duration of most courses, and if they need to stay longer, if they start doing optional practical training etc., they will have to seek an extension from the Department of Homeland Security before their authorized stay expires.
The current rule has no fixed duration, and students are allowed to remain in the United States as long as they comply with all visa requirements. The new rule will also apply to J-1 exchange visitors and journalists with I visas. But the largest group that will be affected is international students.Newman said F-1 visa students should not travel outside the United States now, because once they return, new rules will apply to them.
Students already in the United States
For F-1 students in the U.S. right now, the biggest risk isn’t the form or the fee, said immigration attorney Emily Newman. “He’s booking a flight home.” “DHS is eliminating the ‘duration of status’ for F-1 students and replacing it with a fixed acceptance date on your I-94. The deployment is set for July 17, with an effective date of approximately September 15, 2026,” Newman said.“If you are already in the United States and maintain your status on the effective date, you do not need to rush to file anything. You are generally protected until the earliest your I-20 expiration date, or four years later (approximately September 15, 2030), or the status violation,” she said.“Travel isn’t just ‘updating’ your old D/S admission anymore. After September 15, you will be readmitted with a new, date-fixed I-94 number with a 30-day departure window instead of 60,” she said.Other checklists for students by Newman
- A USCIS Extension of Stay (most likely Form I-539) will be required to stay past your I-94 date. A DSO that expands your program into SEVIS will no longer be enough.
- Graduate students generally cannot change major mid-program or change schools without special exception. After completing the program, you can generally only move up to a higher level – no second bachelor’s, no second master’s (given the first day of CPT).
- Post-completion OPT often requires both I-539 and I-765.
- There is a temporary exemption from OPT for students who submit their application within six months of the effective date. The cover gap remains the same.
- For Students, Schools, and Employers: The compliance model has just shifted from “DSO takes care of it” to a dual DSO + USCIS system. You’ll need to start tracking your I-94 dates.