DHS Student Visa Rule Takes Effect Saturday, Ending Decades-Old Open-Stay Policy

WASHINGTON, A sweeping Department of Homeland Security regulation takes effect Saturday that ends the decades-old system allowing international students to remain in the United States indefinitely as long as they stayed enrolled, replacing it with a fixed admission clock of up to four years.

The rule, published in the Federal Register on July 17, eliminates what immigration officials call the "Duration of Status" system, under which an F-1 student's entry document listed "D/S" rather than an expiration date. <cite index="25-1,25-2">For decades, F-1 and J-1 visa holders were admitted under that "D/S" designation, meaning that as long as a school official kept their SEVIS record active with full-time enrollment and good academic standing, they could remain in the country indefinitely, extend programs, or start new ones without ever filing paperwork with USCIS.</cite>

<cite index="20-2,20-3">The federal government has ended that open-ended policy. Under the new rule from DHS, most F-1 students, J-1 exchange visitors, and I-visa foreign journalists will now be admitted for a fixed period of no more than four years, after which they must apply for an extension to stay.</cite>

<cite index="25-7">The change, described by immigration attorneys and DHS itself as the biggest shift to the U.S. student visa system in roughly 50 years, affects an estimated 1.2 million international students currently studying in the United States.</cite>

<cite index="25-8">DHS Secretary Markwayne Mullin said the outdated D/S system had "compromised national security and created an environment ripe for immigration fraud" by allowing indefinite enrollment without direct federal oversight.</cite>

Students who need more time must file Form I-539, an Extension of Stay application, with U.S. Citizenship and Immigration Services. <cite index="22-16">The extension process involves biometric vetting, background checks, and fraud screening.</cite> <cite index="23-15">University advisers lose the main role in tracking the stay, and federal officers take over.</cite>

<cite index="6-5">The rule also limits students' ability to change majors, transfer schools, and move between academic programs, and reduces the post-completion grace period from 60 days to 30 days.</cite>

The rule does not impose a lifetime cap on study. <cite index="21-2">The four-year limitation is a limit on a single period of admission, not on the total time a student may remain in F-1 or J-1 status.</cite> A doctoral student in a six-year program, for example, would need to file for an extension before the four-year admission period expires.

<cite index="19-3,19-4">Students and scholars should understand that travel after the rule takes effect will move them from the transitional framework to the new fixed-admission framework, which may affect future planning, including USCIS filing requirements for F-1 students pursuing post-completion Optional Practical Training.</cite>

Critics of the rule have already sought court relief. A federal judge in Boston criticized the administration's pace of implementation in early September, according to reporting tracked by immigration law analysts. Universities and international student offices have scrambled to update compliance programs ahead of the Saturday deadline.

<cite index="20-4">The change affects how employers need to track some international hires, how K-12 schools, colleges, and universities need to rebuild their compliance programs, and how international student offices will have to adapt policies, training, and systems to implement the new rule.</cite>

<cite index="18-1">Students and exchange visitors will be limited, based on their program length, to the end date of their specific program, or four years, whichever is shorter, plus a grace period of 30 days.</cite> Those already in the United States before Saturday generally remain under transition provisions until what the rule describes as a "triggering event," such as departing and re-entering the country.

The rule's effective date lands two weeks before the Sept. 30 end of the federal fiscal year and roughly seven weeks before the November midterm elections, adding it to a crowded domestic policy calendar that already includes a Dec. 11 government funding deadline.

Sources cited:
- American Immigration Council (https://www.americanimmigrationcouncil.org/blog/biggest-changes-student-visas-in-generations-what-you-need-to-know/)
- Fisher Phillips LLP (https://www.fisherphillips.com/en/insights/insights/new-rule-caps-international-student-visas-at-4-years)
- GrapeLaw (https://www.grapelaw.com/blog/us-immigration/f-1-visa-new-rules-2026-the-4-year-limit-explained)
- Yale Office of International Students and Scholars (https://oiss.yale.edu/immigration/elimination-of-duration-of-status-summary-faqs)
- Harvard International Office (https://www.hio.harvard.edu/visas-immigration/ds-rule-change)
- NACEWEB Federal Update (https://www.naceweb.org/public-policy-and-legal/legislation-and-regulations/latest-federal-update)
- GovtSchemes.org (https://govtschemes.org/new-student-visa-rules-f1-j1-m1-explained/)