(UNITED STATES) The Department of Homeland Security on Wednesday moved to end “duration of status” for students and set a four-year cap on stays for most holders of international student visas, publishing a proposed rule for formal comment on August 28, 2025. If finalized, the change would cover new and current F, J, and I nonimmigrants, shifting every admission to a fixed period of up to four years and requiring students in longer programs to file an extension request with U.S. authorities.
DHS says the policy is needed to tighten oversight and reduce visa abuse. Universities and student groups warn it could upend degree plans and push talent to other countries.
Current system vs. proposed change
Under today’s system, many students are admitted for the “duration of status,” meaning they can stay as long as they keep full‑time enrollment and make academic progress. The proposal—first announced by DHS on August 27 with Federal Register publication set for August 28—would replace that flexible model with a hard stop, followed by a new adjudication for extra time.
The rule is not final. It now enters the federal rulemaking process, which includes a public comment period and possible revisions before any effective date.
Policy details and timeline
DHS has placed the plan in the Federal Register to collect public input and build the record for a final rule. The department says the change would improve program integrity and prevent “forever students” from remaining in the country indefinitely without periodic review. The agency frames the move as a return to fixed terms that are easier to track and enforce.
The official DHS site provides policy updates and contacts for questions at Department of Homeland Security. The draft itself and the comment portal are available through the Federal Register.
Key elements, as proposed:
- USCIS extension requirement when more time is needed. Students would submit a new application, biometrics, and supporting evidence and undergo a fresh review. There is no guarantee of approval, and DHS would not be required to give deference to any past approvals.
- Post-completion grace period cut to 30 days (down from 60 days), narrowing the window to prepare for departure, transfer, or next steps.
- Limits on program changes. Undergraduate students would face tight rules on changing majors during the first year. Graduate students would not be allowed to change their program or degree level at all under the proposed framework.
- Unlawful presence counting would start immediately after the fixed period ends, raising the risk that a short overstay could trigger the three‑ or ten‑year reentry bars.
- Travel while an extension is pending could be treated as abandoning the request, which may leave students unable to return or complete their program.
Because this is a proposed rule, the details could change before a final version is issued. DHS notes that the public comment period is open now, and the department must review submissions before moving forward. According to analysis by VisaVerge.com, similar proposals have drawn heavy participation from universities, business groups, and alumni networks, which often ask DHS to weigh policy aims against campus realities.
Important: the rule is proposed and not final. Public comments can influence the final content and effective date.
Who faces the highest risk
The four‑year cap will not hit every student the same way. Many degree paths fit within four years; others do not. Based on program length and the rule’s limits on flexibility, the following groups are most exposed:
- PhD students. U.S. doctoral programs usually take 5 to 7 years. Nearly all PhD candidates would have to seek an extension midway, with added paperwork and uncertainty around approval.
- Medical, dental, and veterinary students. Core training often runs beyond four years, and later steps, such as residencies or fellowships, extend timelines further.
- Architecture and some engineering students. Accredited architecture degrees are commonly five years. Engineering paths that include co‑ops, dual degrees, or heavy lab work can also push beyond four years.
- Students in extended or dual-degree programs. Built‑in fifth years, combined bachelor’s‑master’s tracks, or mandatory internships can exceed the cap.
- Students needing program changes. The proposal blocks graduate students from changing degree level or program, and it limits major changes for undergraduates in the first year.
Who is less affected:
- Most undergraduates. Many bachelor’s programs can be completed within four years if students stay on a clear plan.
- Short-term master’s students. One‑year and accelerated master’s programs typically finish within the cap.
- Exchange students and public high school students. These categories usually carry shorter stays (often 12 to 24 months) and are less affected by a four‑year ceiling.
Real-world examples highlight the stakes:
- A fifth‑year architecture student planning a co‑op may need fresh government approval to continue.
- A PhD candidate entering year five may have to time dissertation milestones around uncertain processing times.
- Families must budget for filing costs, travel risks while a request is pending, and the shortened 30‑day grace period after program completion.
DHS argues these checks deter status violations. Universities counter that the extra steps could cause students to pause studies, abandon research, or choose other countries. Higher education groups stress that the cost is not only personal: labs, clinics, and classrooms rely on steady cohorts of international students.
Practical effects and stakeholder response
The proposed rule would introduce a steady drumbeat of deadlines and compliance tasks into student life. Students in longer programs would face increased uncertainty, since a late or denied extension could force them to leave before finishing.
International offices, already busy with SEVIS reporting, would take on more advising, document checks, and timing coordination. That could slow admissions pipelines for complex programs and make cohort planning harder.
Financial and institutional implications:
- Many universities rely on tuition from foreign students to support research and services.
- Administrators warn the cap and extension hurdles could reduce applications to long programs and professional schools.
- DHS says consistent terms improve oversight; critics say student overstay rates are low and the policy’s costs may outweigh benefits.
Political context:
- A similar cap appeared under President Trump in 2020 and was later withdrawn by President Biden in 2021.
- DHS’s 2025 plan revives and extends that approach, especially by further limiting program changes.
- Supporters call it a needed reset to protect U.S. interests. Opponents argue it will weaken the U.S. as a top study destination and redirect talent to Canada, Europe, or Asia.
What students, schools, and sponsors can do now
For now, stakeholders can act on three fronts:
- Track official updates
- Follow DHS announcements and read the proposed text and instructions in the Federal Register.
- Agency sites, including USCIS, post process guidance and contact information.
- Plan timelines early
- Programs longer than four years should build internal checkpoints for filing, travel pauses, and document renewals.
- Advise students that travel while a request is pending can be treated as abandonment.
- Submit public comments
- The rulemaking process invites feedback on how the cap would affect teaching, research, clinical care, and campus operations.
- Clear, concrete examples help regulators understand real‑life impacts.
Advocacy groups warn the unlawful presence rule—starting the day after the fixed term ends—raises the risk of surprise penalties. A short delay could trigger a three‑ or ten‑year reentry bar, making precise timing at graduation, thesis defenses, and program transfers more critical than before. VisaVerge.com reports legal challenges are likely if the final rule closely matches the current draft.
Historical context and next steps
The “duration of status” model dates back to 1978 and has let students adjust to lab delays, fieldwork seasons, or evolving research goals. University leaders say that flexibility helped the U.S. attract people who later built companies, taught key fields, and staffed hospitals and labs. DHS argues a modern system needs clearer endpoints and periodic vetting.
As the public comment window opens:
- Higher education coalitions are gathering case studies from PhD advisers, medical deans, and international offices.
- State and local business groups are examining how the rule could impact skilled hiring pipelines.
- Supporters in Congress highlight compliance gains; opponents question whether the cap reduces fraud enough to justify disruption.
Much depends on DHS’s review of comments. The department may:
- Adjust the cap’s contours
- Clarify travel rules
- Add protections for students meeting clear benchmarks
Or it can maintain the core design and set an effective date after final publication. Lawsuits and election‑year politics could also influence the outcome.
Bottom line for students and schools
For students already in the United States:
- Stay enrolled full time.
- Keep documents current.
- Work closely with your school’s international office.
For future applicants:
- Assess whether a four‑year cap with possible mid‑program adjudications feels manageable before accepting offers.
The rule is not final. DHS will collect comments, review them, and decide on next steps. Until then, students should monitor official updates and prepare for potentially stricter timelines if the final rule mirrors the draft.
Key takeaway: the country’s draw for global talent—built on world‑class labs, clinics, and classrooms—now faces a new test in the pages of the Federal Register.
