Homeland Security Issues Final Rule on Duration of Status

The final rule on Duration of Status from the U.S. Citizenship and Immigration Service (USCIS) at the Department of Homeland Security (DHS) has been issued and will affect new student visa applicants as well as current students who have returned to their home countries but plan to return to the U.S. to continue or complete their educational course work. The rule will be implemented on September 15, 2026.

The final rule, which is likely to face legal challenges, is substantially similar to the proposed rule issued on August 28, 2025, and will replace the current “Duration of Status” open-ended length of time for international students studying in the U.S. on nonimmigrant F-1 (foreign student), J-1 (exchange visitor), and I (foreign media representative) visas with a fixed time period of four years plus 30 days.

Once the rule takes effect, international students studying in the U.S. will have to complete their course work in the fixed time period and will no longer have their program extended by their college or university’s Designated School Official (DSO). Students will be required to file a formal, fee-based Extension of Stay (EOS) application with USCIS. It is unclear how the extension application process will unfold, but there are no assurances that students seeking to return to the United States will be able to renew their visas.

Last September, NAICU submitted community comments on the proposed rule that emphasized that the fixed time period changes would be untenable for many students, including graduate and medical students.

For more information, please contact:
Karin Johns