Newsman: The Department of Homeland Security (DHS) announced the publication of a final rule on July’ 16 that officially eliminates the “duration of status” loophole that allowed foreign students, exchange visitors, and media representatives to remain in the United States indefinitely without routine government oversight. The changes, ending a decades-old policy that allowed many student, exchange and media visa holders to remain in the United States for the duration of their studies or assignments. The new restrictions could begin taking effect in September, 2026.
Foreign students and journalists will face new limits on how long they can stay in the United States under a Trump administration rule. Roughly 1.2 million foreign students and about 1,500 foreign journalists in the United States will be affected by the new policy.
The new rules impose time limits, stricter oversight and additional federal review requirements for extensions.
International students and exchange visitors will no longer receive open-ended authorization tied to their academic programs. Instead, student and exchange visas will be limited to the length of a participant’s program, with a maximum stay of four years.
Students who need additional time to complete their studies must apply directly to U.S. Citizenship and Immigration Services for an extension. Those requests will be subject to background checks, biometric screening and fraud reviews. Besides, students intend to change or transfer to the other study program will not be able to do that through the university internal process. They have apply directly to the Department of Homeland Security.
The rule also shortens the grace period for F-1 students after graduation or program completion from 60 days to 30 days.
DHS said the changes are designed to eliminate what it calls a “duration of status” loophole that allowed some visa holders to remain in the United States indefinitely without routine federal oversight.
Current visa holders already in the United States under the previous system will automatically transition to the new framework, with their authorized stay capped at four years from the rule’s effective date, according to DHS.
The administration is also imposing new time limits on foreign media visas.
Under the rule, journalists holding I visas will be limited to stays of 240 days. Journalists from China will be limited to 90 days.
Currently, foreign journalists can generally remain in the country for the length of their assignment. Journalists seeking to stay beyond the new limits must apply for a visa renewal and undergo additional vetting.
“This new rule risks providing the government with an avenue to not renew a journalist’s visa in retaliation for coverage it perceives as critical,” Gabe Rottman, vice president of policy at the Reporters Committee for Freedom of the Press, said in a statement.
DHS says the new rule strengthens oversight of nonimmigrant visa programs and reduces opportunities for immigration fraud.
“For nearly half a century, the outdated ‘duration of status’ system has compromised national security and created an environment ripe for immigration fraud,” said DHS Secretary Markwayne Mullin. “For decades, foreign students have been admitted into the U.S. indefinitely, allowing thousands to abuse our immigration system by perpetually enrolling in courses to avoid having to leave the U.S. By implementing clear, finite limits on these visas, the United States is reclaiming its ability to properly screen, vet, and monitor individuals within our borders. This final rule ensures that foreign students remain focused on their primary purpose: completing their studies and returning home.”
Since 1978, foreign students have been admitted into the U.S. for an unspecified period, enabling thousands to become “forever students” by perpetually enrolling in courses to avoid departure. The final rule ends this exploitation through several major reforms:
The final rule has been published in the Federal Register and is scheduled to take effect 60 days after publication.
The new policy will affect roughly 1.2 million foreign students and about 1,500 foreign journalists in the United States, requiring many to seek federal approval for extensions and placing new limits on how long they can remain in the country, according to the Migration Policy Institute and U.S. State Department.
Summarized at a glance
Fixed Admission Caps: Nonimmigrant students (F visas) and exchange visitors (J visas) will be admitted for the length of their specific program, not to exceed a maximum period of four years.
Mandatory Federal Extensions: Visa holders requiring additional time to complete an academic program must formally apply for an Extension of Stay (EOS) directly through U.S. Citizenship and Immigration Services (USCIS). This transitions oversight from university staff back to federal authorities and subjects applicants to biometric vetting, background checks, and fraud screenings.
Reduced Departure Grace Period: The time allowed for F-1 students to prepare for departure, transfer schools, or change status following graduation is reduced from 60 days to 30 days.
Program Change Restrictions: The rule introduces strict limitations on academic changes.
The final rule will publish in the Federal Register in the next few days. The rule will go into effect 60 days after publication in the Federal Register.
Current nonimmigrant visa holders residing in the United States under the previous “duration of status” framework will transition to the new system automatically, with their authorized stay capped at a maximum of four years from the effective date of this rule.
