From Indefinite to Four Years: DHS's Overhaul of International Student and Exchange Visitor Status Hits Campus

July 24, 2026

On July 17, the Department of Homeland Security (DHS) published a final rule (91 FR 44976), classified as a “major rule” subject to congressional review, eliminating “duration of status” for F-1 nonimmigrant academic students and J-1 exchange visitors, with a stated effective date of September 15, 2026. They will now be admitted for a fixed period—the length of their program or exchange, capped at four years—after which they must file for a federal Extension of Stay or depart.

DHS has framed the change as addressing so-called “forever students”—individuals who, according to Secretary Markwayne Mullin’s statement announcing the rule, “perpetually enroll[] in courses to avoid having to leave the U.S.,” compromising national security and enabling immigration fraud.

What are the key changes being made?

For decades, F-1 students and J-1 exchange visitors have been admitted for “duration of status” (D/S), which is an open-ended framework that allowed them to remain in the United States for as long as they maintained their program of study or exchange, with no fixed expiration date on their I-94 admission record. Under that system, a student could enroll in a seven-year Ph.D. program and remain lawfully present for the entire period without ever filing a federal extension application.

That policy will change on September 15, 2026 (subject to the congressional review noted above).

Under the new rule,

F-1 and J-1 nonimmigrants will instead be admitted for a fixed period tied to the length of their specific program as listed on Form I-20 (for F-1 students) or DS-2019 (for J-1 exchange visitors), not to exceed four years.
There will be a 30-day arrival window before the program start date and a 30-day departure window after program completion. For F-1 students, this represents a reduction from the prior 60-day post-completion grace period that existed under duration of status; for J-1 exchange visitors, the 30-day departure period is unchanged from the prior framework.
Extensions: Now, students and scholars in programs that run longer than four years must formally file an Extension of Stay (EOS) application directly with USCIS before their fixed admission period expires. EOS decisions are made by USCIS, are entirely discretionary, and are not appealable—meaning a denial leaves the student with no administrative recourse other than departure. The rule explicitly identifies certain grounds as unacceptable bases for an EOS program extension, including delays caused by academic probation, suspension, or a student’s repeated inability or unwillingness to complete coursework.
New academic restrictions specific to F-1 students: Under the prior framework, there were comparatively few federal restrictions on changing majors or transferring schools.
- Now, undergraduate F-1 students generally may not change majors or transfer schools during their first academic year without an SEVP-approved exception.
- Graduate students generally cannot change majors at all during their program and generally cannot transfer either. After completing one educational level, F-1 students may generally only progress upward (not laterally or downward) into a new program on a prospective basis.
- Standalone English language training is capped at an aggregate 24 months.

DHS also explained, “This final rule will provide additional protections and oversight of these nonimmigrant categories and will allow DHS to better evaluate whether these nonimmigrants are maintaining status while temporarily in the United States.”

International students & exchange visitors like foreign medical graduates, STEM professionals, and all EB-1, EB-2 and J-1 status holders or seekers (and their prospective employers) should take heed: Closer DHS evaluation of whether international students & exchange visitors maintained status under this new regime likely will directly related to the evidence that must exist to establish eligibility for H-1B employment – the normal employment path after graduation.

What Should Colleges and Universities Do Now?

Audit your F-1 and J-1 populations by expected program length. Flag anyone whose program or exchange exceeds four years.
Build EOS lead time into workflows. Start preparation well before the four-year mark for both F-1 students and J-1 scholars.
Update transfer and change-of-major policies to reflect the new first-year lock-in for F-1 undergrads and the graduate-level prohibitions on major changes and transfers.
Support Post-Graduate Employment Placement for international students & exchange visitors by looking ahead to the H-1B, EB-1 or EB-2 benefits that could apply after graduation and maintain an appropriate “maintenance of status” record to better position employment-based status after University.

For questions, contact Erin Malone, Brandon Davis or any member of Phelps’ Immigration or Education teams with questions or for advice and guidance.