DHS regulation seeks to tighten stay for international students and removes flexibility in pursuing educational courses

The US Department of Homeland Security (

DHS

) has unveiled a sweeping proposed regulation that would overhaul how international students, exchange visitors, and foreign media representatives are admitted and monitored in the US.If enacted, the regulation would replace the long-standing ‘duration of status’ (D/S) policy with fixed admission periods, requiring students and scholars in F, J, and I visa categories to periodically apply for extensions and undergo biometric screening.The move, a revival of an earlier Trump-era initiative, has sparked sharp criticism from immigration attorneys, policy experts, and higher education advocates who warn that it could disrupt academic life, burden universities with bureaucracy, and deter global talent from studying in America.The proposed regulations also introduce new restrictions on academic flexibility. Undergraduate F-1 students would be barred from changing their program, major, or education level during their first year, except in rare cases such as a school closure. Graduate F-1 students would face even stricter limits, with no ability to change their program or field of study at all. Moreover, once an international students completes a program at a certain level, they would no longer be permitted to pursue another program at the same or a lower level under F-1 status.

India and China are the main countries of origin of international students in the US. According to the Open Doors Report, released last November, during the academic year 2023-24, there were 3.31 lakh Indian students in the US (constituting 29.4% of the total number of international students). This was followed by 2.77 lakh Chinese students (24.6% of the total number of international students). While the numbers are falling, the cohort of Indian students will continue to be significant and the proposed regulation will have far reaching impact.What the regulations propose on tenureCurrently, F, J, and I visa holders are admitted for the duration of their programs, with schools and exchange sponsors responsible for monitoring compliance through the SEVIS tracking system. Under the proposed regulation, DHS would impose defined admission limits:

Extensions would require USCIS approval, formal documentation, and biometric data. Students who fail to extend in time would begin accruing unlawful presence, potentially triggering three- or ten-year re-entry bans.Cyrus D.

Mehta

, immigration attorney and founder of a NY based immigration law firm, warned that the elimination of ‘duration of status’ would have severe unintended consequences. “Without the D/S designation, students could unknowingly accumulate unlawful presence due to technical status violations, potentially leading to re-entry bans. This could drive the final nail into the coffin of America’s longstanding tradition of academic openness and international collaboration.”A grace period is available so that students can prepare to depart the US or apply for an extension or change of status, following the completion of their initial program or practical training. “The reduction of grace periods from 60 to 30 days would further impact students' flexibility, hindering their ability to transition to other visa statuses, such as employment-based visas or admission into new academic programs,” Mehta told TOI.The regulation also seeks to eliminate USCIS’s deference to prior approvals for visa extensions, a move likely to result in more denials and requests for evidence.

Immigration attorneys criticise unfair restrictions on study programs

Rajiv S.

Khanna

, managing attorney at Immigraiton.com flagged several areas of concern. On the ban against undergraduates transferring programs in their first year, he said: “This provision essentially traps students in programs or schools that may prove unsuitable. Legitimate reasons for early transfers include academic mismatch, financial hardship, misleading program descriptions, or personal circumstances.”Talking to TOI, he further criticized restrictions on graduate students, who under the proposed regulation would be prohibited from changing programs altogether. It is proposed that an F-1 student at the graduate degree level or above may not change programs at any point during a program of study. DHS has argued that graduate students should be more focused and committed to their chosen field than undergraduates, and that program changes at this level indicate a lack of genuine academic purpose.“This represents a fundamental misunderstanding of how graduate education works. Research evolves, advisors leave, and funding shifts. Students may discover new interests or realize their current program isn't the best fit for their career goals. The proposed regulation treats legitimate academic change as fraud,” said Khanna.If an international student is thinking of obtaining two bachelors degrees, he or she can perish that thought. Under the proposed regulation, if you are in the US on an F-1 student visa and you finish one degree program, you would not be allowed to start another program at the same level or a lower level while staying in F-1 status.For example:

In short: once you complete a program, you can only move upward in your studies (like bachelor’s to master’s to PhD. You cannot repeat the same level or go down a level while keeping your student visa.According to DHS, it has identified students who continuously enroll in different programs at the same degree level or pursue lower-level programs after completing higher ones. They found individuals who enrolled in programs at the same educational level as many as 19 times, and students who completed graduate programs then enrolled in undergraduate or associate degree programs. The proposed change is to counter such abuse.Khanna said: “While targeting obvious abuse, this restriction eliminates legitimate educational pathway. For instance, a graduate in literature who wants to study computer science and

opt

for a complete career change may need to complete undergraduate prerequisites. The proposed regulation has ignored the need for skill updates - technology professionals may need to complete certificate or associate programs in rapidly evolving fields or those in art and creative fields like artists, musicians, or writers may legitimately pursue multiple programs to develop their craft.”“The restriction assumes all education must follow a linear progression, ignoring how modern careers and professional development actually work. It penalizes students for the realities of the 21st-century economy,” asserted Khanna. Mehta summed it up, “The proposed regulation would limit students' ability to transfer between institutions, mandating a full academic year at their initial school unless an exception is granted. Graduate students would face even stricter limitations, as they would be prohibited from changing programs entirely.”

Optional Practical Training – it will result in work authorization gaps

According to Khanna, the proposed regulation creates potential work authorization interruptions for students on Optional Practical Training (OPT) when their immigration status expires while extension applications are pending - even if they possess valid work permits.While the regulation provides automatic work authorization extensions for on-campus work, CPT, and employment due to severe economic hardship, it conspicuously excludes OPT from this protection..Khanna terms it a triple jeopardy. “International students face the risk of work interruption and additional costs ($470 for extension applications on top of EAD renewal fees) and potential loss of STEM OPT extension, which requires valid OPT status as a predicate for application. Students who follow all the rules, maintaining valid work permits and filing timely extension applications, could still face work authorization gaps due to government processing delays and regulatory design flaws.”

‘Virtual Checkpoints’ for international students

Doug Rand, a former DHS official, described the plan as a radical shift: “Today the Trump administration is proposing to saddle international students with a dramatic increase in red tape and uncertainty. They want to require students and post-docs to file multiple extra forms with DHS throughout their studies in the U.S.—like virtual checkpoints.”Rand noted that the system has worked effectively for over four decades, with universities already required to track student compliance. He warned that requiring extensions every few years would be unworkable for most institutions and students.“This is a bigger deal than it probably sounds… Higher education is the most powerful recruiter of global talent to the United States. But today’s proposal is in line with a whole raft of recent policies to alienate international students.”For Adam Cohen, partner at Siskind Susser, an immigration law firm, the proposed regulation is unnecessary given existing safeguards. “This regulation is the very essence of a solution in search of a problem. F and J visa holders are already the most monitored nonimmigrants in the United States through SEVIS. There is absolutely no need to impose such restrictions and limitations, which will deter international students and flood USCIS with needless extension requests.”Education experts are equally alarmed. Fanta Aw, CEO of NAFSA: Association of International Educators, said the proposal amounts to government intrusion into academic decision-making. “Shifting from a ‘duration of status’ policy to a fixed expiration date is a bad idea… These changes will force aspiring students into a sea of administrative delays at best, and at worst, into unlawful presence status. Government interference into academia in this way introduces a wholly unnecessary and new level of uncertainty.”She added that the proposed regulation undermines US competitiveness: “It will certainly act as an additional deterrent to international students choosing to study in this country, to the detriment of American economies, innovation, and global competitiveness.”

What Comes Next

The proposed

regulaton

will be published in the Federal Register on August 28, with a 30-day public comment period to follow. Immigration experts predict legal challenges if the regulation is finalized. It should be noted that the proposed regulation contains complex transition provisions for the treatment of foreign nationals admitted for duration of status prior to the effective date of the regulation.