US moves to end “duration of status” for F, J, and I visas; new rule could limit the time international students can study in the US

It is likely that as of September 2026, most international students in the US will need to complete their programmes in four years or less unless they receive an extension from US Citizenship and Immigration Services (USCIS). This is according to a Department of Homeland Security (DHS) proposal submitted in August 2025 that is fast moving towards implementation.

Students in shorter programmes (e.g., two-year master’s) need to leave at the end of their study programme unless they receive an extension, with language students allowed a 24-month maximum term of admission, including breaks and vacation time.

The DHS proposal intends to abolish the “Duration of Status” (D/S) system, which allows students to stay beyond the end-date on their I-20 form if they can prove they have legitimate reasons for an extension. The D/S system has been in effect for decades.

As for when the D/S system will be formally replaced, Jill Allen Murray, Deputy Executive Director of Public Policy at NAFSA: Association of International Educators, told a 28 April webinar audience:

“We do anticipate that it will happen soon. We know that the administration’s desire is certainly have [the fixed time limit rule] in place so that it would be effective for students arriving in the United States in the fall. They do have a proposed a 60-day implementation period that has to happen, so working back from that, the very latest we should see the final rule is between the end of May and end of June.”

The webinar was presented by NAFSA, the International Student Resource Center, and the Presidents’ Alliance on Higher Education and Immigration, and it was devoted to preparing institutions for the impact of the rule change.

What is being replaced?

Under the D/S system, F and J students are allowed to surpass the admission end-date on their I-20 form if their school, college, or university determines that they are progressing in their studies. The D/S system recognises that international students need flexibility when it comes to accomplishing their study goals. For example:

• A student begins their journey in an English-intensive programme (IEP) and then progresses to higher education once they have become more proficient in the language;
• A PhD student needs more than four years to finish their programme (which is very common – the average is five to eight years depending on the source);
• A student completes their degree programme and then progresses to Optional Practical Training (one year) or STEM OPT (three years) to gain work experience.

These are only some of the common and legitimate study pathways offered to international students under D/S.

If a student needs to stay in the US for longer to complete their programmes, they apply for an extension to the Designated School Official (DSO) at their institution, who is familiar with the student’s academic progression and performance. The DSO is authorised to make extension decisions by the Department of Homeland Security.

How will the extension process change?

According to the proposal, the DSO will no longer have power to approve the extension request. That will transfer to US Citizenship and Immigration Services (USCIS) officials, and those officials will be permitted to “use discretion” in their decisions. The date students are required to leave the US (with a 30-day grace period) will be entered on their I-94 form, linked to their passport. Students will need to make their case for an extension directly to USCIS.

Other limitations

The proposal also seeks to prohibit international undergraduate students from changing programmes or schools in the first year of their studies and graduate students from doing so at any point. Extensions will not be granted to students wanting to pursue a second degree or qualification if immigration authorities deem that programme to be at the same or lower level than the initial one.

The threat to OPT

When the government takes over the role of education institutions in deciding if a student should have more time to complete their studies, the implications will be massive, especially for students aiming to participate in Optional Practical Training (OPT). The director of USCIS, Joseph Edlow, has indicated he is prepared to restrict access to OPT. In May of 2025 at his confirmation hearing, he said:

“What I want to see would be essentially a regulatory and sub-regulatory program that would allow us to remove the ability for employment authorizations for F-1 students beyond the time that they are in school.”

The OPT and STEM OPT post-study work streams are vital to US institutions’ ability to compete for international students (especially those in STEM and at the graduate level). A 2025 survey conducted by NAFSA and the Institute for Progress found that 54% of current international students would not have chosen the US if there was no OPT option.

If it becomes too cumbersome, expensive, and uncertain to request an extension for OPT, demand will be extremely affected in the US’s top source of students, India. This is because Indians represent about half of all participants in OPT and STEM OPT.

The implications for graduate programmes

Nearly half of all international students in the US are studying at the master’s or doctoral level. The proposal includes a four-year limit for graduate programmes. Doctoral-level programmes very frequently require more time than this to complete. International student demand for graduate programmes is already down, and it will almost certainly fall further due to the proposal.

Some graduate programmes in STEM could be devastated. According to IIE data, international students account for almost 70% of enrolments in math and computer science programmes and more than half in engineering programmes. In AI-related programs, 7 in 10 enrolments are international.

Such statistics also illustrate the huge potential of international STEM graduates in contributing to research and innovation in the US economy.

Will current students be affected?

The finalised rule is expected to apply to new students coming into the US in September 2026. Current students wanting to extend their stay beyond their programme end date will likely need to submit a request to immigration authorities. It is possible there will be a six-month grace period for OPT students after the ruling goes into effect, as long as they do not leave the country.

Why is D/S being replaced?

The government says that the D/S setup cannot adequately address cases of fraud and visa non-compliance by international students and exchange visitors. More broadly, the change is being framed as a way to better protect national security because it will provide more opportunities for DHS to monitor the activities of international students. Students’ end-dates and activities will be more closely integrated into the US visa infrastructure.

In its response to the proposal, NAFSA exposed many holes in the government’s argument – including the lack of data compromising many of its points – and explained how much of the monitoring the DHS wants to do could be accomplished by making tweaks to the SEVIS system upon which D/S relies.

NAFSA has mounted a comprehensive and sector-wide effort to have the government reconsider the end of D/S or at least to significantly reconsider the proposed changes. The association has stated:

“If [the proposal] becomes final, the damage done by this rule will be felt on our campuses and in our communities and will harm our country’s standing in the world.”

The “sea change” ahead

The need for students to file a request for an extension to USCIS will be anything but a procedural switch. As Joann Ng Hartmann, strategic initiatives leader at NAFSA says, it will be a “sea change.”
It will introduce considerable uncertainty for students, for two main reasons:

• At present, USCIS’s processing of immigration requests has never been more backlogged. Adding international students’ requests for extensions to the backlog will only worsen the situation. Many students will face a long wait to see if their extension is approved. 


• The granting of extensions will be in the hands of immigration officials at a time when the US government is eager to reduce the flow of foreigners into the country.

In addition, it will cause chaos for schools and colleges, according to Robin Catmur-Smith, Director of Immigration Services in the Office of Global Engagement at the University of Georgia, who was a NAFSA webinar panelist. Institutions will need to change their recruitment messaging, websites, communications, and supports for incoming and current students.

The administration burden – and needed budget – will be extremely high as well for the new compliance and procedural changes ahead. International student departments will in many cases have to be reorganised to advise and track different student profiles (e.g., J students, graduate students, incoming students, OPT students). What’s more, because the proposal has not yet reached its final form, institutions are in some ways flying blind as they attempt to prepare themselves, recruitment agents, current students, and incoming students for the September 2026 intake.

Where does the government proposal stand now?

The DHS review of comments and objections submitted by tens of thousands of respondents – including universities and peak bodies is complete and that the document is now final. NAFSA announced today that:

“On May 5, 2026, DHS submitted the final rule that will eliminate F and J "duration of status" to the Office of Management and Budget (OMB) for review. We expect OMB's review to be expeditious and for the rule to be published in the Federal Register in the not-too-distant future. The final rule will go into effect 60 days after publication in the Federal Register. Although the text of the final rule will not be available to the public until at least 24 hours before the Federal Register publication date, we surmise that it will retain most if not all of the changes included in the proposed rule."

Can the rule be challenged?

In the 28 April NAFSA webinar, Andrew Lyonsberg, a partner at McDermott Will & Schulte’s Supreme Court & Appellate Litigation and Government & Regulatory Litigation practice, presented as a panelist. He spoke to the question of whether the fixed time limit rule can be legally challenged.

Mr Lyonsberg, whose practice has successfully appealed past Trump administration immigration rules, says that when the final rule is published, DHS will need to present strong rationale that the need for the change outweighs the “harms” of it to students, institutions, and stakeholders or it will clear a path to litigation.

If there is a challenge, it would likely be that the rule should be struck down because it is “arbitrary and capricious.” That legal terminology describes a decision made without a reasonable basis, ignoring relevant facts or logic, often appearing random, unfair, or unsupported by the evidence.”

Mr Lyonsberg said that the international education community could prepare to support potential litigation by beginning to document concrete examples of harms the proposal would inflict on students, institutions, staff, and more.

The larger implications

NAFSA states:

“We are in a global competition for talent, as other countries around the world recognize the outsized economic and social benefits of international students and exchange visitors and have implemented policies to create a welcoming environment for these students to thrive.”

“If finalized, the rule will foster tremendous uncertainty for many international students and exchange visitors about whether they will be able to maintain their legal status in the United States through the completion of their studies or program, discouraging students and exchange visitors from coming here, and pushing them to look for opportunities in other countries instead.”

NAFSA also has a comprehensive list of resources related to the proposal and its implications that can be found at this link including:

• “Preparing for the final D/S rule. How has your office started to prepare?”
• “Spreadsheet for advising and staffing planning”
• “Presidents’ Alliance Survey: Share how international talent strengthens our communities”

For additional background, please see:

• “What international students need to know about study and work visas in the US”
• “US: Student visa issuances fell by -36% in summer 2025; OPT uncertainty among factors affecting international student demand”