Since 1979, most international students studying in the United States on F-1 visas have been allowed to remain in the country for the duration of their academic program, however long it took. That longstanding policy will soon end under a new U.S. Immigration and Customs Enforcement (ICE) rule that imposes fixed admission periods and requires many students to seek extensions to complete their studies.
Published July 17, the rule establishes a four-year limit for most F-1 students and J-1 exchange visitors, replacing the existing “duration of status” policy that permitted students and exchange visitors to remain in the U.S. until they completed their program. The rule is scheduled to take effect Sept. 15.
ICE said the change is intended to strengthen oversight of foreign students. “For decades, foreign students have been admitted into the U.S. indefinitely, allowing thousands to abuse our immigration system by perpetually enrolling in courses to avoid having to leave the U.S.,” said Secretary of Homeland Security Markwayne Mullin. “By implementing clear, finite limits on these visas, the United States is reclaiming its ability to properly screen, vet, and monitor individuals within our borders.”
Higher education organizations and immigration experts, however, argue that a four-year limit does not align with the length of many academic programs. Most doctoral degrees take longer than four years to complete, and some undergraduate students also require more than four years to earn a bachelor’s degree. The rule also affects students and recent graduates participating in Optional Practical Training (OPT), and STEM OPT, work programs which extend a student’s stay past their initial program.
Critics also warn that requiring students to apply for extensions could further strain U.S. Citizenship and Immigration Services (USCIS), which continues to face a significant application backlog, potentially creating delays in immigration processing.
Emily Neumann, managing partner at Reddy Neumann Brown in Houston, said that USCIS expects hundreds of thousands of additional extension of stay applications and biometrics appointments. “How will they handle all that when they can’t even handle their present case load?” she asked.
There’s greater uncertainty for employers that rely on international graduates, particularly in STEM fields, additional compliance obligations for educational institutions, and increased immigration planning needs for students, employers, and universities to avoid potential gaps in lawful status, said John Exner, an attorney in the Los Angeles office of Jackson Lewis.
“Universities, employers, and immigration advocates have expressed concerns that mandatory extension filings could increase processing delays, disrupt degree completion — particularly for doctoral and research programs exceeding four years — and make U.S. educational institutions less attractive to international students,” he said.
Final Rule Provisions
According to the final rule, F-1 students and J-1 exchange visitors will generally have up to four years to complete their program, including any periods of post-completion practical training, plus a 30-day grace period, reduced from the previous 60-day grace period.
Students enrolled in programs longer than four years, including doctoral degrees that last five to eight years, and students interested in working under OPT and STEM OPT, which can last three years, would need to apply to USCIS for extensions by filing Form I-539, paying filing fees, submitting biometrics, and demonstrating continued eligibility. USCIS would have discretion to approve or deny those requests.
F and J visa holders with valid employment authorization who timely apply for an extension of stay can benefit from an automatic extension of their employment authorization, but that extra time could run out if processing remains sluggish.
Under the new rule, F and J visa holders will generally begin accruing unlawful presence as soon as their specified admission period expires, as is currently the case for other temporary immigration categories. Previously, F and J visa holders were only considered to begin accruing unlawful presence if USCIS or an immigration judge formally found that the individual had violated their status.
The new regulations would also restrict academic mobility. F-1 undergraduates are prohibited from changing programs, majors, or education levels within the first year of their program, unless ICE allows an exception for extenuating circumstances. The regulation precludes F-1 graduate students from changing programs, majors, or educational levels, though transfers may be permitted in extenuating circumstances. If a foreign national completes a program at a particular level, they will not be eligible for F-1 status to undertake a program at the same level or a lower level, removing the path for attaining back-back master’s degrees, for example.
Employers wishing to hire F-1 students under the OPT and STEM OPT programs would face additional hurdles. Students would no longer automatically remain in status for the duration of their work authorization and could instead need separate USCIS approval to extend their stay, potentially creating delays and uncertainty that could disrupt employment authorization.
“Starting with next spring’s graduates, employers hiring interns through OPT will need to expect more uncertainty around start dates,” Neumann said. “Employers will need to build in more lead time into recruiting and onboarding, because these students will have two adjudications instead of just one. We also don’t have any insight into what processing times might be like. OPT processing is already not satisfactory, so adding an extension application to that is going to make it worse.”
She recommended filing extensions for students on OPT and STEM OPT as early as possible.
Form I-9 compliance will also become more complicated, Neumann said. “HR will have to not just look at employment authorization document expiration dates but also I-94 expiration dates, and school program end dates,” she said. “Employers will also need to be aware of how international travel impacts students.”
Changes May Slow Student Enrollment
The new rule may discourage international students from enrolling in U.S. institutions, with students from India and China expected to be among the most affected. U.S. overseas student arrivals totaled 1.1 million in the year ending March 31 — 24% below pre-pandemic levels and 17% lower than the previous two years — reflecting growing caution amid stricter immigration policies. Chinese enrollment has fallen sharply as students increasingly choose domestic universities, while Indian students are pursuing more diverse study destinations outside the United States.
“At a time when global competition for talent is intensifying, this policy sends exactly the wrong message,” said Fanta Aw, CEO of NAFSA: Association of International Educators. “It tells the world’s brightest students and scholars that the United States is becoming less welcoming, less predictable, and less committed. This is not just bad for higher education, it is bad for American innovation, economic growth, workforce development, and global leadership.”
