A significant change to the US student visa system is being considered, with the White House approving a proposed regulation from the Department of Homeland Security (DHS) that would replace the existing “Duration of Status” system with fixed periods of stay for international students.
Under the proposed rule, most international students would be allowed to remain in the United States for a maximum of four years. The change would affect holders of F-1 student visas, J-1 exchange visitor visas and certain other visa categories. Students whose academic programmes extend beyond the authorised period would need to apply for formal extensions through US immigration authorities.
The proposal is expected to have a substantial impact on Indian students, who currently make up the largest international student community in the United States. Many Indian students pursue doctoral, research-focused and other long-duration programmes that frequently exceed four years.
How the Current System Works
At present, international students are admitted under the “Duration of Status” framework, which allows them to remain in the US for as long as they continue their studies and comply with visa requirements. This system offers flexibility for students who extend their programmes, switch institutions, move from undergraduate to postgraduate studies, or participate in Optional Practical Training (OPT) and STEM OPT programmes after graduation.
The proposed regulation would replace this flexible arrangement with a fixed authorised stay period. Earlier versions of the proposal indicated that most students would receive a maximum stay of four years.
Students needing additional time to complete their education would have to obtain approval from the US Citizenship and Immigration Services (USCIS). This process could involve extra documentation, biometric submissions, increased scrutiny and potential delays.
The proposal has already completed review by the White House’s Office of Management and Budget (OMB), bringing it closer to formal publication and implementation.
Impact on Indian Students
The proposed changes are particularly relevant to Indian students because India is now the largest source of international students in the US.
According to the Open Doors 2024 report, more than 331,000 Indian students were enrolled in American higher education institutions during the 2023–24 academic year, accounting for nearly 30 percent of all international students in the country.
A significant number of these students are enrolled in programmes that typically last longer than four years, including PhD programmes, research-intensive master’s degrees and certain professional courses. Under the new system, such students could face additional immigration procedures and scrutiny in order to continue their studies legally.
Several higher education organisations, including the Association of American Universities, the American Council on Education and NAFSA, have expressed concerns about the proposal. They argue that fixed periods of stay could create uncertainty for students whose research schedules and academic timelines often change, while also increasing administrative burdens for universities.
The proposal could also affect students participating in OPT programmes, which allow graduates to gain work experience in the US after completing their studies. Delays in obtaining extensions could complicate transitions between education and employment.
Concerns Over Visa Expiry
Another major issue relates to what happens if a student's authorised stay expires before an extension is approved.
Under the proposed framework, students could begin accruing unlawful presence immediately after their authorised period ends. This means that administrative delays, processing backlogs or paperwork mistakes could potentially place students out of legal status.
Immigration experts have warned that students who fail to secure extensions before their authorised stay expires could face immigration penalties, including restrictions on future travel to the United States.
Proposal Moves Closer to Reality
The Department of Homeland Security originally introduced the idea during the first administration of Donald Trump, but it was never implemented. The proposal resurfaced in 2025 and has now advanced significantly following White House approval.
For now, the current Duration of Status system remains in place, and international students can continue studying under existing rules. However, if the proposal is formally adopted, it would represent one of the most significant changes to the US student visa system in decades, with Indian students likely to be among those most affected.
