On May 5, 2026, the Department of Homeland Security submitted a final rule to the White House Office of Management and Budget that would eliminate "duration of status" for F-1 student visas and replace it with a hard 4-year cap. Under the current system, international students can stay in the US as long as they remain enrolled and comply with visa conditions. If finalized, the rule would require any student who needs more than four years to file a formal extension — with a fee of $420 to $470 and biometric requirements. The rule is expected to affect new students arriving in September 2026.
International students and the universities that enroll them are watching a proposed rule that would be the most significant change to the student visa system in decades.
On May 5, 2026, the Department of Homeland Security submitted the final rule eliminating "duration of status" (D/S) to the Office of Management and Budget for review.1 Until OMB signs off and the rule is published in the Federal Register, it is not yet law. But the direction is clear, and students planning for fall 2026 need to understand what's at stake.
What "Duration of Status" Actually Means
Right now, when you enter the United States on an F-1 student visa, your I-94 form (the record of your legal entry) is stamped "D/S," meaning you can remain for the duration of your program. If your engineering PhD takes six years, you stay six years without reapplying — as long as you're making academic progress and maintaining your status.
The proposed rule would end that. Instead, your I-94 would list a specific end date tied to your program end-date on Form I-20, and that date could never be more than four years from entry.2
Who Gets Hit Hardest
Graduate students face the greatest exposure. Most PhD programs in the US take five to seven years to complete. A student who arrives in September 2026 under the new rule and needs six years to finish would need to apply for at least one extension before completing their degree.
Extension would require filing Form I-539, submitting biometrics, proving continued program progress, and paying a fee of $420 to $470.2 Processing delays are common. A student whose extension is pending could face a gap in legal status that affects employment authorization, travel, and more.
The grace period after completing a program would shrink from 60 days to 30 days under this rule. That's the window you have to leave the US, transfer programs, or file for Optional Practical Training after your program ends. A 30-day window is tight if you're job-hunting, applying to graduate school, or waiting on paperwork.
Language students face a separate restriction: a 24-month maximum term of admission, including breaks and vacation time.
When It Would Take Effect
If finalized without major changes, the rule would apply to new students arriving in September 2026. Students already enrolled may have transition protections, but the details depend on the final regulatory language, which is not yet published.
J-1 exchange visitors and I visa holders (foreign media representatives) would also be affected under the same proposed rule.
The Higher Education Response
The American Council on Education and other higher education associations have come out against the proposal, arguing it would reduce the US's ability to attract international researchers and graduate students — and would bury university administrative offices in visa paperwork.3
International student enrollment already fell sharply in 2025, with F-1 visa issuances down roughly 36 percent during the critical summer recruitment window. University administrators fear another significant drop if this rule takes effect, particularly in graduate programs that depend on international students for research and teaching roles.
If you are currently enrolled as an F-1 student, nothing has changed yet. This rule is in OMB review, not in effect. But if you are a prospective student planning to start in fall 2026, or a current student whose program takes more than four years, monitor federal register updates closely. The OMB review process typically takes up to 90 days.
What International Students Should Do Now
Know your program's actual timeline. If your degree routinely takes more than four years — PhD programs, five-year engineering degrees, dual-degree tracks — talk to your academic advisor now about realistic completion timelines and what documentation you'd need for an extension.
Build a relationship with your DSO. Your Designated School Official at the international students office will be your first contact if extensions become necessary. Don't wait until you're in a visa deadline crunch to introduce yourself.
Understand your financial aid options. International students generally cannot use federal financial aid, which makes institutional scholarships and private funding even more important, especially if visa-related fees and legal costs increase. Know what federal versus private loans can and cannot cover for non-citizens.
Think carefully about OPT. Optional Practical Training — the post-graduation work authorization most international students rely on for entry-level US jobs — could also be affected by related rule changes. Watch USCIS announcements carefully and plan your application timeline with that uncertainty in mind.
Keep your I-20 current. Under a fixed-term system, an expired status becomes a serious legal problem rather than a paperwork technicality. Any program extension, change of major, or enrollment gap needs to be reflected accurately in your SEVIS record.
The proposed rule is not final. But the shift away from open-ended duration-of-status has been a stated administration goal since 2025, and the submission to OMB on May 5 represents a concrete step forward. Students applying for fall 2026 should treat this as likely, plan for it, and watch for the final rule publication.
Footnotes
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ICEF Monitor. (2026, May). US moves to end "Duration of Status" for F, J, and I visas and limit the time international students can study in the US. https://monitor.icef.com/2026/05/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/ ↩
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VisaHQ. (2026, May 7). DHS Moves to Replace "Duration of Status" With 4-Year Admission Cap for F-1, J-1 and I Visa Holders. https://www.visahq.com/news/2026-05-07/us/dhs-moves-to-replace-duration-of-status-with-4-year-admission-cap-for-f-1-j-1-and-i-visa-holders/ ↩ ↩2
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American Council on Education. (2026, May). Proposed Visa Rule Would Hurt Global Talent Pipeline. https://www.acenet.edu/News-Room/Pages/Proposed-Visa-Rule-Would-Hurt-Global-Talent-Pipeline.aspx ↩