This week the Trump administration announced a new rule, which if passed would eliminate “duration of status” for international students. Unlike other non-immigrant classifications, international students are admitted for duration of status, meaning they can stay for as long as is required to complete their studies, OPT and STEM OPT. It also allows them to take further studies and has allowed them to transfer into programs such as Day 1 CPT without having to go through USCIS. Another key feature of D/S is that international students typically do not begin accruing unlawful presence immediately in the event of an overstay. This provides significant protection, as it helps them avoid triggering three- or ten-year bars to reentry..
Well, this is all about to change once the new rule is finalized. The proposed changes include the following:
4-year fixed limit on admission: The Trump administration is proposing a fixed 4-year limit, because they do not want students to remain and work in the US after completing their studies. This will impact students on F, J and I classifications, with limited exceptions. Those wanting to extend their time in the U.S., especially to work on OPT and STEM OPT will be required to apply for an extension of their status, in addition to filing for the work authorization.
Limited exception to apply for an extension: For those unable to complete their program the rule provides for 3 limited exceptions to apply for an extension, namely (1) compelling academic reasons; (2) a documented illness or medical condition; or 3) exceptional circumstances beyond the control of the alien.
Limited ability to switch schools/ programs: Under the proposed rule, international students would face new restrictions on transferring schools or changing programs. Specifically, students would be required to complete their first academic year at the institution that initially issued their Form I-20 before transferring to another SEVP-certified school or pursuing a different educational objective, unless SEVP grants an exception. Additionally, the rule seeks to impose even stricter limits at the graduate level by prohibiting students from changing academic programs once they have begun their course of study. This would significantly reduce the flexibility that graduate students currently have to adjust their educational path.
Limit on Day 1 CPT courses– The proposed rule also seeks to restrict the use of Day 1 CPT programs, indirectly, by requiring that students who have completed a program at one educational level to only be allowed to begin another program at a higher educational level. Transferring into a program at the same or a lower level while remaining in F-1 status would be prohibited.
In practice, many students who pursue Day 1 CPT enroll in a second master’s program—often in the same or a closely related field—after already completing their initial master’s degree. This pathway would no longer be allowed, meaning that individuals seeking Day 1 CPT would need to move to a higher level of study, such as a doctoral program.
Based on past policy trends, we also anticipate that this administration may ultimately determine that Day 1 CPT programs are unlawful altogether, mirroring the position taken under the first Trump administration.
Reduction in the grace period– The Rule also aims to reduce the grace period from 60 days to 30 days, giving students less time to depart after completing their studies or practical training.
Collection of biometrics– Applicants wishing to extend their status will be required to provide biometrics.
When will the new rule take effect? The proposed rule is currently subject to a 30-day public comment period beginning on the date of its official publication. During this time, stakeholders, including schools, students, and the general public, can submit feedback or objections. After the comment period closes, the Department of Homeland Security (DHS) will review the comments and may revise the rule before issuing a final version.
Only once the final rule is published in the Federal Register will it become effective, meaning there is still some time before any changes take place.
Conclusion
If finalized, this rule would represent one of the most significant shifts in student immigration policy in decades. The long-standing flexibility of “duration of status” has allowed international students to pursue further studies, take advantage of OPT and STEM OPT, and, in some cases, enroll in Day 1 CPT programs without repeatedly applying for extensions. By replacing D/S with fixed admission periods, layering on new restrictions, and requiring extensions for continued study or work authorization, the rule would create additional uncertainty and expense for students.
The practical effect is clear: fewer opportunities for students to remain in the United States after completing their education and a much narrower pathway to employment authorization. For many, particularly those who are not selected in the H-1B lottery, viable options to extend their stay will become increasingly limited. As a result, this proposal is expected to discourage many talented foreign nationals from choosing the United States as their destination for higher education.