DHS Just Changed Student Visas as We Know Them: New Four-Year Limit

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The U.S. government has announced major changes affecting certain foreign nationals who were previously admitted for “duration of status,” commonly listed as “D/S” on Form I-94. Instead of remaining in the United States for the duration of their authorized program or activity, affected individuals will be admitted for a fixed period of time, generally limited to four years.

The new rule will affect individuals currently in the United States, as well as those preparing to enter under the following visa classifications:

  • F visa holders: International students and their dependents;
  • J visa holders: Exchange visitors and their dependents; and
  • I visa holders: Representatives of foreign information media and their dependents.

These changes may also affect how long individuals can remain in the United States and, for international students, their ability to pursue employment authorization after graduation. The rule is scheduled to take effect on September 15, 2026.

Old Rule

Under the previous rule, F, J, and I visa holders were generally admitted to the United States without a specific departure date on Form I-94. Instead, their Form I-94 displayed “D/S,” which stands for “Duration of Status.”

This allowed them to remain in the United States for as long as they continued to follow the requirements of their visa category. For example, an F-1 student could remain while maintaining a full course of study, and a J-1 exchange visitor could remain while participating in an authorized exchange program.

For students, duration of status could also include authorized practical training and any applicable grace period after completing their program. However, D/S did not allow someone to remain in the United States indefinitely. A person who failed to maintain status could lose their authorization to stay.

Duration of status was also separate from the expiration date printed on the visa stamp. The Form I-20 Certificate of Eligibility for Nonimmigrant Student Status or DS-2019, rather than the visa itself, determined how long the person was authorized to remain in the United States.

New Rule

Under the new rule, you will be admitted until the program end date listed on your Form I-20 or DS-2019, but your authorized stay cannot exceed four years. In other words, a four-year limit applies even if your academic or exchange program is longer.

The grace periods will also be reduced from 60 days to 30 days. This means you may enter the United States up to 30 days before your program begins and you must depart within 30 days after it ends. These grace periods will not count toward the four-year limit.

Example: Suppose Matteus is a Ph.D. student enrolled in a five-year program. When he enters the United States, his Form I-94 is issued for four years. As the end of that four-year period approaches, Matteus realizes that he needs one additional year to finish his thesis or dissertation.

Under the new rule, Matteus will need to file Form I-539 with USCIS to request an extension of stay before his authorized period expires. Under the old rule, he could extend the program end date on his Form I-20 without filing Form I-539.

This means that if Matteus needs to study for more than four years, he will have to file Form I-539, pay the $470 filing fee, and wait six to eight months for USCIS to process the application. Because of this lengthy processing time, Matteus would need to apply well before his authorized stay expires.

It is also important to note that applicants cannot travel internationally while a Form I-539 extension is pending with USCIS. Departing the United States during this period is considered an abandonment of the application.

Grace Period Reduced from 60 to 30 days

The new rule also reduces the grace period for F and J visa holders from 60 days to 30 days. This means students and exchange visitors will generally have only 30 days after completing their program or authorized practical training to leave the United States, transfer to another program, or take another permitted action to maintain lawful status. Because the available time will be cut in half, individuals will need to begin planning their next steps well before their program ends.

Dependents

F-2 and J-2 dependents are generally tied to the principal visa holder’s authorized period of stay. However, the new rule creates complications for family members. For example, suppose a family of four and one of you will have a shorter duration of stay on their visa, for whatever reason, maybe because their passport is going to expire sooner than the rest of the family members.

In that situation, the entire family unit is going to get the shorter duration like that family member with the shortest amount of time. Families will therefore need to plan carefully and closely monitor the expiration dates of each person’s passport and immigration documents when determining the best strategy for extending or maintaining status in the U.S.

Why Was This Rule Adopted?

The government says the rule is intended to strengthen national security, reduce visa overstays, and prevent misuse of the student visa program. However, the changes may also discourage some international students from studying in the United States because certain benefits and flexibilities available under the previous system will no longer apply.

What should you do today?

Start by reviewing your Form I-94 and Form I-20 or DS-2019 to confirm your current period of authorized stay. Create a master calendar that tracks every entry into the United States, including your admission dates and I-94 expiration dates.

If your academic or exchange program is expected to last more than four years, begin preparing any required extension request at least six to eight months in advance. Students planning to work through OPT should also begin their job search early so they have enough time to secure qualifying employment and, when necessary, find an employer willing to sponsor them before their work authorization expires.

Individuals currently in the United States who were admitted for duration of status will receive transitional relief allowing them to remain for up to four years from the rule’s effective date without having to file an extension. However, traveling outside the United States and returning after the new rule takes effect may subject you to the new restrictions. For that reason, before traveling internationally, carefully review how reentry could affect your status with an experienced immigration attorney.

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