DHS proposes replacing the flexible “duration of status” for most student visas with a uniform four‑year limit, adding stricter CPT and OPT rules, while Congress advances a transparency bill expanding SEVIS reporting.
The Department of Homeland Security (DHS) released a proposal to replace the “duration of status” (DoS) with a fixed four‑year admission period for most F‑1, J‑1 and certain I‑visa holders.The proposal, finalized internally on May 5, 2026, is now under review by the Office of Information and Regulatory Affairs and has not yet been published in the Federal Register.
The core change announced by DHS eliminates the DoS framework that currently allows international students to remain in the United States for the full length of their academic program, provided they maintain enrollment [1][2]. The new rule would set a uniform four‑year limit on the period of authorized stay for new F‑1 and J‑1 admissions, with limited extensions for degree programs that exceed four years [2]. The proposal was first introduced in early 2026 and received an internal DHS clearance on May 5, 2026; it was subsequently forwarded to the Office of Information and Regulatory Affairs on June 1, 2026 for further review [1][2]. The changes apply nationwide to all U.S. institutions that enroll international students, with particular attention to applicants from India, the largest source of F‑1 students [4].
The initiative involves multiple federal actors. DHS, the agency responsible for immigration enforcement, authored the rulemaking; the Office of Information and Regulatory Affairs is conducting the inter‑agency review [1][2]. Congressional action accompanies the proposal through the Educational Visa Transparency Act, introduced by U.S. lawmakers to broaden SEVIS (Student and Exchange Visitor Information System) reporting for all non‑citizen students and staff [1][3]. The primary affected groups are prospective and current international students—especially those from India—U.S. colleges and universities that depend on foreign enrollment, and employers that recruit graduates under Optional Practical Training (OPT) [4]. The policy shift is part of a broader effort to increase oversight of international students and align visa durations with academic program lengths [5].
Proposed Visa Structure and Training Restrictions
The DHS proposal replaces the DoS model with a fixed four‑year admission period for new F‑1 and J‑1 entrants, while retaining DoS for existing students until the rule takes effect [2]. Under the new framework, students must complete their degree within four years or apply for a limited extension, subject to additional documentation and approval [2]. The rule also introduces stricter parameters for Curricular Practical Training (CPT) and Optional Practical Training (OPT). CPT eligibility will require direct curricular relevance and a minimum of one academic semester of full‑time enrollment before participation [1]. OPT, which currently permits up to 12 months of post‑completion work, will see reduced grace periods and tighter employer verification processes [1][3].
The proposal outlines a reduced “grace period” after program completion, cutting the current 60‑day window to 30 days before students must depart or transition to another status [2]. For students on J‑1 exchange programs, the new rule limits the total stay to four years, aligning with the proposed F‑1 limits, and mandates earlier reporting of any program changes to SEVIS [3]. The changes also call for enhanced background screening at the time of visa issuance and during any status extensions, aiming to improve compliance monitoring [5].
Under the new framework, students must complete their degree within four years or apply for a limited extension, subject to additional documentation and approval [2].
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U.S. Department of Homeland Security Proposes Fixed Four‑Year Limits for F‑1, J‑1 and Select I Visas
Parallel to the DHS rulemaking, the Educational Visa Transparency Act seeks to expand SEVIS reporting requirements to include all non‑citizen students and staff, not only those currently covered under existing mandates [1][3]. The bill, introduced by a bipartisan group of lawmakers, would require institutions to submit detailed enrollment data, employment authorizations, and academic progress reports on a quarterly basis [1]. The legislation is intended to provide the Department of Education and DHS with more granular data on international student flows and outcomes [3].
Both the DHS proposal and the Educational Visa Transparency Act have been framed as measures to address perceived gaps in the current visa oversight system, including concerns about post‑graduation work authorization and compliance with program objectives [5]. While the DHS rule is still in the proposal stage, the congressional bill has been referred to the House Committee on Education and Labor for further consideration [1]. No final regulatory text has been published in the Federal Register, and the proposals remain subject to public comment and potential revision [2].
Impact on Indian Students and U.S. Institutions
Indian students, who accounted for approximately 200,000 F‑1 visas issued in the 2023‑2024 academic year, may encounter additional procedural steps under the new regime [4]. The four‑year limit could affect graduate programs that traditionally exceed four years, such as certain engineering and research degrees, requiring students to seek extensions that involve more rigorous justification [2]. Stricter CPT and OPT rules may reduce opportunities for on‑campus employment and post‑graduation work, potentially influencing decisions to enroll in U.S. programs [1].
U.S. colleges and universities could experience shifts in enrollment patterns as prospective Indian applicants reassess the feasibility of extended study plans [4]. Institutions that rely heavily on international tuition revenue may need to adjust recruitment strategies and provide additional advisory support for visa compliance [5]. Employers that traditionally hire OPT graduates may see a narrower pool of eligible candidates, prompting a reevaluation of hiring timelines and sponsorship practices [1].
The immediate effect of the proposals is an increase in administrative requirements for both students and institutions. Prospective applicants must now factor in the fixed four‑year window when planning degree pathways, and current students may need to submit additional documentation to maintain status beyond the initial period [2]. Universities are expected to enhance SEVIS data management capabilities to meet the expanded reporting mandates outlined in the Educational Visa Transparency Act [3]. The combined regulatory and legislative changes aim to tighten oversight but also introduce new compliance burdens for all stakeholders involved [5].
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Prospective applicants must now factor in the fixed four‑year window when planning degree pathways, and current students may need to submit additional documentation to maintain status beyond the initial period [2].
What: DHS proposes ending “duration of status” for most F‑1, J‑1 and select I visas, replacing it with a uniform four‑year admission period and tighter CPT/OPT rules.
When: Internal DHS review completed May 5, 2026; proposal moved to OIRA on June 1, 2026; still pending final rule publication.
Impact: Indian and other international students face reduced stay limits and stricter work‑authorization rules; U.S. schools and employers must adapt to new reporting and compliance requirements.
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