International students in the United States, including more than 331,000 Indians, could soon face stricter immigration rules after the US Department of Homeland Security (DHS) finalised a regulation replacing the long standing “duration of status” system with fixed visa terms.
Under the new rule, students on F-1 visas will generally be permitted to stay in the US for up to four years. Those whose academic programmes extend beyond that period must apply for an extension before their authorised stay expires or risk falling out of legal status.
The regulation also establishes fixed periods of stay for J-1 exchange visitors and I visa holders, including foreign journalists. The measure must now undergo congressional review before taking effect.
End of the duration of status system
For decades, international students admitted on F-1 visas could remain in the United States for as long as they maintained full-time enrolment and complied with visa conditions under the “duration of status” framework.
The new DHS regulation ends that arrangement. Students enrolled in degree programmes lasting longer than four years will now need prior approval from DHS to extend their stay.
The same requirement will apply to exchange visitors, researchers and scholars on J-1 visas.
According to the Trump administration, the changes are intended to strengthen oversight of temporary visa holders and enhance national security.
Latest immigration tightening
The rule marks the latest in a series of immigration measures introduced by the Trump administration affecting international students.
Over the past year, DHS has increased scrutiny of student visas through initiatives targeting alleged visa fraud and violations. The administration has also revised the H-1B visa lottery system, affecting many graduates seeking employment after completing their studies.
Universities and education groups have expressed concern that the latest regulation could create uncertainty for international students pursuing longer academic programmes.
Indian students likely to be affected
The policy is expected to have a significant impact on Indian students, who now represent the largest international student population in the United States.
According to the Open Doors 2024 report, more than 331,000 Indian students were enrolled at US colleges and universities during the 2023–24 academic year, accounting for nearly 30 per cent of all international students.
Many Indian students pursue doctoral degrees, research-based master’s programmes, medical training and specialised engineering courses that typically require more than four years to complete.
Under the new system, these students will need to obtain DHS approval to extend their legal stay if their studies continue beyond the initial four-year period.
Risk of unlawful presence
One of the biggest concerns surrounding the new rule is the possibility of students falling into unlawful status if extension requests are delayed.
Unlike the current framework, students whose authorised stay expires could begin accumulating unlawful presence immediately if they have not secured an extension in time.
Education experts warn that administrative delays or paperwork issues could leave students vulnerable, even if they remain enrolled in their academic programmes.
The regulation has been finalised but will not come into force immediately. It must first complete congressional review before an implementation date is announced. Until then, the existing duration of status system remains in effect.