Policy primer: DHS ends duration of status for international students and researchers

On July 17, the Department of Homeland Security (DHS) issued a rule that eliminates “duration of status,” finalizing a proposal published in August 2025. The rule applies to everyone on F-1 visas (international students) and J-1 visas (researchers and postdoctoral students, among others). This primer includes essential information about the rule’s content, when it goes into effect, and what those affected by it must do to continue their studies or work in the US.

What is in the final rule?

• The rule eliminates “duration of status,” a policy that allows students to remain in the US so long as they maintain their status as a student.
• Students and researchers will now be permitted to stay in the US for a maximum of four years. If their studies or program takes longer than four years to complete, they must request, and be approved for, an extension of status from DHS.
• Students also have new restrictions on their options for transferring schools and fields of study.
• Undergraduate students must wait one year before they are permitted to transfer schools or change majors.
• Graduate students are not permitted at any point to change programs or transfer.
• The rule establishes new restrictions on the number and level of degrees that international students may obtain.
• After completing a degree, students are not permitted to enroll in a program that is at the same educational level or lower than the program they just finished. They are only permitted to pursue a degree at a higher education level (e.g. bachelor’s to master’s or master’s to PhD)
• At the time of this primer’s publication, DHS has determined that a PhD is the highest education level. The agency acknowledged specialized education and MD and JD degrees do not fit neatly in their education level framework, and it plans to issue future guidance on this matter.
• Double majors and incidental degrees (e.g. obtaining a master’s while working on a PhD) are permitted.

What will happen to international students and researchers who are in the US prior to the effective date?

• Students and researchers who were admitted to the US prior to September 15 will be allowed to stay in the US for four more years, or until the end of their program, whichever is sooner. The length of their stay prior to September 15 will not be counted against the four-year maximum.
• If they leave the country and return after September 15, they will be given a fixed end date that may be shorter than the four-year maximum.
• Any degrees completed prior to September 15 will not be counted toward the lifetime limit of education permitted for each international student. For example, if a student completes a master’s degree prior to the effective date, that student would be allowed to pursue a bachelor’s or another master’s, but that subsequent degree would prevent them from pursuing a future degree at the same or a lower education level in the future.

How can a person request an extension of status?

• If a student or exchange visitor’s program takes longer than four years, they will be required to submit a Form I-539 , along with a fee, to request an extension of their status.
• DHS recommends in the final rule that students and exchange visitors submit their I-539s six months prior to the end date of their program, as listed on their Form I-20s for F-1s or Form DS-2019 for J-1s.
• Processing times will likely increase significantly due to volume of requests for extension from students after September 15.
• Form I-539 is already used to request extensions of status for other categories, such as tourists on B-1 visas. DHS explained that it plans to update the content of Form I-539 to accommodate requests for extension of status from F-1 and J-1 visa holders.
• As of the publication of this primer, the cost of submitting Form I-539 for F-1 and J-1 visa holders has not been announced. It currently costs $470 to file a paper form and $420 to file online.

What will happen to OPT and STEM OPT?

• The final rule does not prevent students from pursuing optional practical training (OPT) or STEM OPT, which are programs that allow students to undertake temporary employment in their field after completing their program of study. However, most students will need to request an extension of status from DHS.
• It is likely that the sudden influx of requests for extension will create a bottleneck at DHS and increase processing times. The added administrative burden, cost, and processing time will make applying for OPT and STEM OPT much harder and may dissuade people from applying for OPT entirely.

How will student enrollment be affected by the rule?

• In the final rule, DHS says that it “acknowledges that enrollment of foreign students in US educational institutions may decline because of this rule but is unable to quantify the extent of this decline because there is no precedent from which accurate conclusions can be drawn as to the rule’s impact. However, DHS does not intend for the rule to result in a significant decline in foreign student enrollment.”
• Nevertheless, many sources, including the Institute of International Education , the Chronicle of Higher Education , and AIP , have seen that international student enrollment has been trending downward over the past year and that universities anticipate that enrollments will continue to decrease.
• Much of the current decrease has been tied to continuing uncertainty around recent, or attempted, changes to the US immigration system. Such changes include a $100,000 fee for new H-1Bs,¹ new social media screening requirements, additional scrutiny and surges in detention for people already in the US, and ongoing travel restrictions for dozens of countries.

How long was duration of status US policy and could it be reinstated?

• Duration of status was first implemented for international students on F visas in 1979 and then was extended to individuals on J visas seven years later.
• Between 1973 and 1979, students and researchers were admitted for one-year periods and were required to request an extension for each subsequent year.
• However, as the number of students and researchers on Fs and Js increased, the executive branch had difficulty processing the added paperwork in a timely manner. Thus, a regulation creating duration of status was issued.
• Duration of status was briefly suspended between 1981 and 1983 because the federal government was concerned about its ability to properly monitor international students and keep accurate records without requiring the students to apply for extensions of status periodically. It was reinstated after the federal government introduced additional reporting requirements for schools to improve student monitoring. It is possible that duration of status could be reinstated. Congress can pass a law to codify duration of status. DHS could also engage in a future notice and comment rulemaking process to reinstate it. However, given the deadlock in Congress on immigration issues and the stance of the current administration, it is unlikely that duration of status will be reinstated in the next few years.

References

1. This fee was struck down by a federal appeals court on July 24, 2026. The court deemed the fee a tax that DHS does not have the authority to levy. However, anxieties persist that the administration will implement other methods to dissuade individuals from seeking work in the US.