The US Department of Homeland Security has moved a final rule to end “duration of status” for F-1, J-1 and I visa holders. Here is what changes, who it affects, and what
Indian students should do right now.
What the DHS duration of status rule actually changes
On 5 May 2026, the Department of Homeland Security sent a final rule to the Office of Management and Budget that would end the long-standing “duration of status” admission for F-1 students, J-1 exchange visitors and I visa holders. The rule is not yet in force, but if published in the Federal Register as currently written, it would reshape how international students enter, stay and extend their status in the United States.
Under the current system, your I-94 record simply reads “D/S,” which means you can stay in the country for as long as you are actively enrolled and meeting your visa terms. The new rule replaces this with a specific expiration date on your I-94, generally tied to your program end date and capped at four years.
Who the DHS duration of status rule affects
The rule applies to F-1 students (academic and language programs), J-1 exchange visitors (research scholars, exchange students, medical residents) and I visa holders (foreign media representatives), along with their dependents. H-1B, O-1, L-1 and most work-visa categories are not affected because they already operate on fixed admission periods.
For Indian students, this matters more than for almost any other group. Indians are the largest international student cohort in the US, with more than 3.3 lakh students enrolled in the 2024-25 academic year. The new rule would touch nearly every aspect of how this community studies, works and transitions to long-term employment in the country.
The new DHS duration of status rule at a glance
| Item | Under D/S (current) | Under the new rule |
|---|---|---|
| Admission period | Duration of Status (no end date) | Fixed end date, max 4 years |
| Extension process | Adjust program end date through your DSO | Form I-539 + biometrics ($470) |
| F-1 grace period | 60 days after program ends | 30 days after program ends |
| Major or program changes | Generally permitted | Restricted, especially in year one |
| Same- or lower-level degree | Permitted | Not permitted under F-1 |
| Travel during pending extension | Usually fine | May be treated as abandoned |
| Overstay consequences | Begin only after a formal finding | Begin the day fixed admission expires |
The reentry bars: the most serious consequence
Important: Under the new rule, if you stay even one day beyond your fixed I-94 expiration date without a valid extension or change of status, you start accruing unlawful presence automatically.
This is the part Indian families need to understand most clearly. Staying more than 180 days past your expiration date triggers a 3-year reentry bar to the United States. Staying more than one year triggers a 10-year reentry bar. These bars apply even if you later become eligible for another US visa, which means a single missed deadline could close the country off for a decade.
Restrictions on changing majors, programs and degrees
Many Indian students rely on F-1 flexibility to switch into more aligned fields once they start coursework abroad. The new rule narrows that flexibility significantly.
F-1 undergraduate students would not be allowed to change their program, major or degree level in their first year of study, with limited exceptions like school closures. F-1 graduate students would not be allowed to change programs, majors or degree levels at all. Students who already hold a degree at one level, such as a Bachelor’s, would no longer be eligible for F-1 status to pursue another degree at the same or lower level.
For Indian applicants who often pivot from electronics to computer science, or from CS to data science, this is a real planning constraint. Choose carefully before you accept your I-20.
When the rule takes effect and whether it will hold up
The final rule is currently under OMB review. Once OMB clears it, the rule is published in the Federal Register and takes effect 30 to 60 days after publication. Realistically, this means the rule could become enforceable any time in late 2026, though legal challenges and delays are likely given the scale of the change and the impact on US universities.
The current D/S framework is already being treated as transitional by US universities, immigration attorneys and DSOs. Planning under both scenarios is the safer move.
What Indian students should do right now
- Check your current status documents. Pull your I-20 and your I-94 record at i94.cbp.dhs.gov. Note your program end date and your current grace-period window.
- Build extension timing into your plan. If the new rule kicks in mid-program, you may need to file an I-539 extension. USCIS processing is already slow, so plan for 4-6 months of lead time.
- Lock in your program choice early. With limited room to change majors or levels, your initial I-20 needs to match what you actually want to study. This is where pre-application counselling matters most.
- Treat travel during a pending application carefully. Leaving the US while an extension or change of status is pending may abandon the application. Speak to your DSO or an immigration attorney before any international trip post-graduation.
- Monitor the Federal Register. The final publication date and effective date will appear there first. Set a weekly check until the dust settles.
The bottom line
The DHS duration of status rule is one of the biggest procedural shifts for F-1 and J-1 holders in decades. It does not block Indian students from studying in the US, but it
removes flexibility that families have relied on for years. The students who navigate it well will be the ones who pick the right program from day one, build extension timelines into their planning, and avoid even small overstays.
If you are applying to a US university in 2026 or 2027 and want help mapping a program that matches your career goals while minimising risk under the new rule, that is exactly what Learner Aid’s end-to-end counselling is built for. Reach out at learneraid.com/contact-us before you finalise your I-20.
Sources
This article references reporting and analysis from Ellis Immigration Law and Berardi Immigration Law, along with the US Department of Homeland Security regulatory submission to OMB. Rules are evolving and information may change once the Federal Register publication confirms the final text.
