Studying in the US: Potential Rule Changes and What to Do

The United States Department of Homeland Security (DHS) has proposed sweeping changes to its student visa regulations that could impact thousands of international students, including a large number from India. The draft rule, currently open for public comment, seeks to replace the long-standing “Duration of Status” (D/S) system with a fixed maximum stay of four years for F-1 student and J-1 exchange visitor visa holders.

Key Proposed Changes

• Fixed Stay Instead of Open Duration: Students would be admitted for up to four years or until their academic program end date, whichever is earlier. Extensions beyond this period would require filing fresh applications with USCIS, including documentation, biometrics, and potential interviews.
• Grace Period Reduced: The current 60-day grace period after completing studies would be cut to 30 days, forcing faster decisions on departure, employment, or further studies.
• Transfer Restrictions: Undergraduates must complete at least one academic year before transferring institutions, while graduate students would not be permitted to change programs midway.
• Ban on Second Master’s Degrees: A popular option among Indian students to extend stay or re-enter the H-1B lottery pool would no longer be allowed.
• Limits on Language Programs: Students pursuing English language or similar programs could stay for a maximum of 24 months.

Why It Matters

The proposed rule could create new uncertainties for students pursuing long-term courses such as PhDs or those on STEM Optional Practical Training (OPT), which typically extends beyond four years. Legal experts warn that moving extension decisions from universities to USCIS will add bureaucracy, delays, and the possibility of denials.

Indian students, who form the second-largest group of international enrollees in the US, may be particularly affected by the ban on pursuing second Master’s degrees—a route many have used to remain in status while awaiting H-1B opportunities.

Reactions

Universities, immigration advocates, and student groups have strongly opposed the changes. The Presidents’ Alliance on Higher Education & Immigration and NAFSA have argued that the rule adds unnecessary red tape, shifts control away from academic institutions, and risks undermining the attractiveness of the US as a global education hub.

What’s Next

• Public comments on the draft will remain open until September 29, 2025, with further feedback on technical paperwork due by October 27, 2025.
• If finalized, the rule could take effect as early as mid-2026, with transition provisions for current students.

Until then, students are advised to remain compliant with existing visa rules and stay updated through their university’s international offices or legal advisors.