The Donald Trump administration finalized the 4-year fixed stay rule for international students, which means that students coming to the US will be allowed to stay for only four years – the duration of most courses, and if they need to stay longer, if they start doing their OPT etc., they will have to seek an extension from the Department of Homeland Security before their period of authorized stay ends. The current rule has no fixed period of stay and students are allowed to stay in the US as long as they comply with all visa requirements. The new rule will also apply to J-1 exchange visitors and journalists holding I visas. But the biggest group affected is international students.Newman said F-1 students should no longer travel outside the US because new rules will apply to them once they return.
Students who are already in the US
Immigration attorney Emily Newman said the biggest risk for F-1 students in the U.S. right now is not getting the forms or fees. “It’s booking a flight home”. “DHS is eliminating the “duration of status” for F-1 students and replacing it with a fixed entry date on your I-94. Publication is scheduled for July 17, with an effective date around September 15, 2026,” Newman said.“If you are already in the US and maintaining status on the effective date, you do not need to rush to file anything. You are generally protected until your I-20 program expiration date, four years later (approximately September 15, 2030), or a status violation,” she said.He said, “Travel no longer simply “refreshes” your old D/S entry. After September 15, you will be re-admitted with a new fixed date I-94 with a 30-day departure window instead of 60.”Other Checklists for Students by Newman
- Staying after your I-94 date will require a USCIS stay extension (likely Form I-539). A DSO expanding your program into SEVIS is no longer enough.
- Undergraduate students generally cannot change majors or transfer schools in the middle of the program without special exceptions. After finishing a program, you can generally only advance one level further – no second bachelor’s, no second master’s (looking at you day-1 CPT).
- Once completed the OPT will require frequent access to both I-539 and I-765.
- There is temporary OPT relief for students filing within six months of the effective date. And the cap-gap remains untouched.
- For students, schools, and employers: The compliance model has shifted from “DSO handles it” to a dual DSO + USCIS system. You need to start tracking I-94 dates.