If you are an international student (F-1 visa) or exchange visitor (J-1 visa) currently studying in the United States, you may have heard about a major regulatory overhaul the Department of Homeland Security (DHS) is preparing to implement regarding the rules of lawful stay. This proposed rule, known as the elimination of "Duration of Status" (D/S), has sparked widespread concern among the education sector and the international student community since its announcement.
Latest Update (As of June 2026):
On June 17, 2026, the Office of Management and Budget (OMB/OIRA) officially completed its review of the final rule. This means DHS could submit the rule to the Federal Register for official publication at any moment. Once published, the new rule will take effect in 60 days. Although we do not yet know if there will be major changes in the final version, understanding its core contents and preparing mentally is an urgent priority for every international student and scholar.
So, if this policy lands, how exactly will it change your life in the U.S.?
What is the "D/S" we are all used to?
To understand the destructive power of the new rule, we must first know the conveniences we currently enjoy. For decades, when the vast majority of F-1 and J-1 visa holders enter the U.S., the expiration date stamped on their I-94 arrival/departure record is not a specific date, but "D/S" (Duration of Status).
This means tremendous flexibility: as long as you maintain full-time enrollment, refrain from illegal employment, keep a good academic record, and possess a valid I-20 or DS-2019 form, you can legally remain in the U.S. indefinitely. If you need more time to graduate due to research delays, illness, or a change of major, you simply contact your school's international student office (e.g., DSO). They can directly update your I-20 with an extended validity period in the system—the entire process is free, fast, and does not require government approval.
What "Earthquake-Level" Changes Will the Proposed Rule Bring?
The DHS proposal aims to completely dismantle this flexibility. If implemented as proposed, the future ecosystem for international students will become extremely strict and full of bureaucratic procedures. Here are a few core changes:
1. Bidding Farewell to Flexible Timeframes, Introducing Fixed "Visa Deadlines" and Expensive Extension Applications
The new rule limits the maximum duration of stay. Once effective, international students and scholars will have a specific expiration date on their I-94 upon entry. This date is usually the program end date on your I-20, but will not exceed a maximum of 4 years. This means that even if you are in a standard 5-to-6-year Ph.D. program, you must face a status expiration issue in your fourth year.
If you need more time to complete your studies (including applying for OPT and STEM OPT), you can no longer solely rely on your school's DSO for an extension. You must formally submit a Form I-539 extension of stay application to U.S. Citizenship and Immigration Services (USCIS). This means you will not only have to pay a hefty application fee, but you will also face a long, uncertain wait period lasting several months.
2. Academic Mobility Completely "Shackled": Transfers and Major Changes Become Exceptionally Difficult
Historically, the U.S. education system has been renowned for its high degree of flexibility, encouraging students to explore the academic paths best suited for them. However, the new rule imposes extremely harsh restrictions on this academic freedom.
For undergraduate students and below, the new rule requires you to complete a full academic year at the school that initially issued your I-20, during which transfers or major changes are not allowed. For graduate students and above, the rule is even more draconian: a complete ban on transferring or changing majors during your studies. If a graduate student wishes to change majors or transfer schools, they will be forced to leave the U.S. and re-enter with an I-20 from the new school.
3. Shrinking Post-Graduation Grace Periods and Strict Limitations on Language Programs
Currently, F-1 students have a 60-day Grace Period after completing their studies or OPT to pack their belongings, transfer to a new school, or change visa status. The proposed rule would slash this 60-day period in half to 30 days. This compressed timeframe will undoubtedly increase the anxiety of graduates. Additionally, for students enrolled in English language training programs (ESL), the new rule strictly limits their total duration to 24 months.
Prohibition on "Lateral or Reverse Matriculation": A Fatal Blow to OPT and Job-Seeking Lotteries
Furthermore, the new rule introduces an extremely harsh "Prohibition on lateral or reverse matriculation." That is, if you have already obtained a master's degree in the U.S., you will not be allowed to continue using an F-1 status to apply for a second master's degree (lateral) or pursue a bachelor's degree (reverse).
This rule is a heavy blow for students with long-term career planning. In the past, if an international student failed to secure an H-1B work visa in the lottery during their OPT period, a common and legal "backup plan" was to apply for another degree program at the same level to maintain lawful U.S. status, await the next year's lottery, and potentially obtain a new OPT period after graduation. Once the new rule takes effect, this fallback route will be completely cut off. International students will bear unprecedented anxiety over status transitions when facing post-graduation job hunting and the H-1B lottery—because once you miss out on the lottery, you will have almost no margin for error or buffer, and will likely have to leave the country immediately.
What Legal Challenges Will Arise After the Policy is Issued?
So, will such a draconian policy that severely harms the rights of international students really be implemented smoothly? The answer is: once officially published, the rule is bound to face fierce legal challenges nationwide.
Just as a federal court recently struck down the administration's illegal policy imposing a massive $100,000 fee on new H-1B visa petitions, this "elimination of duration of status" proposal is equally on "thin ice" legally. The U.S. higher education sector, tech companies, and state governments are highly likely to file lawsuits in federal court immediately following the publication of the final rule. Plaintiffs could rely on the Administrative Procedure Act (APA) to accuse DHS of introducing a new rule that is "Arbitrary and Capricious," lacks a reasonable basis, and exceeds its statutory authority.
How to Prepare for the Policy Storm?
Although the clauses of the new rule seem oppressive, it is important to emphasize: currently, this bill has not been published as a final rule, nor has it officially taken effect. You do not need to change your academic plans immediately out of panic.
As international students and scholars, your best strategy right now is to stay calm and compliant:
- Continue to Maintain Compliance: Strictly adhere to current F-1 and J-1 visa regulations, ensure full-time enrollment, and keep a good academic record.
- Plan Your Future Carefully: If you plan to transfer, change majors, or apply for OPT, communicate with your school's Designated School Official (DSO) as early as possible to avoid unnecessary status risks.
Additionally, to cope with potentially tightened F-1 pathways, applicants with certain achievements in academia, arts, business, or sports can plan ahead and consider applying for the O-1 Extraordinary Ability Visa. Compared to the F-1 status, the O-1 visa is not constrained by rigid educational level restrictions, quotas, or lottery limitations, making it a safer and more secure alternative in the current policy storm.
