The US Is Ending "Duration of Status" for F-1 and J-1 Visas. Here’s What Indian Students Should Know Before September 2026.

For nearly five decades, international students in the United States have studied under a system called Duration of Status. Under this system, an F-1 visa holder could remain in the US for as long as their academic program required. No fixed end date. No renewal applications. No countdown clock. A four-year undergraduate degree took four years. A six-year PhD took six years. The visa matched the program's duration.

On May 5, 2026, the Department of Homeland Security submitted a final rule to the Office of Management and Budget that would eliminate Duration of Status entirely for F-1, J-1, and I visa holders and replace it with a fixed admission period capped at four years. If finalized as proposed, the rule could take effect as early as September 2026.

This is not yet law. OMB review can take weeks to months. Once cleared, DHS publishes the final rule in the Federal Register, which then triggers a 60-day implementation countdown. But Indian students planning to enter the US for September 2026 and beyond need to understand what is changing and what it means for their specific program before they decide.

Key Dates to Watch

What Is Actually Changing

The current system, Duration of Status:

• Your I-94 arrival record shows "D/S" rather than a specific end date
• You can stay in the US for the full length of your academic program
• Your Designated School Official (DSO) at your university manages extensions, program changes, and level changes; no government filing required from you
• This system has been in place since 1978

The proposed new system, Fixed 4-Year Admission Cap:

• F and J visa holders would be admitted only until the end date listed on their Form I-20 or DS-2019, capped at four years plus a 30-day grace period
• Anyone needing more time must file Form I-539 with USCIS and prove continued program progress. The rule may reinstate biometrics requirements for extension filers; confirm once the final rule text is published
• Universities and schools will no longer have the authority to grant extensions. USCIS handles all extension requests from here
• Each extension triggers a new vetting process, with DHS having full discretion to approve or deny
• The shift removes flexibility for program changes, level changes, and OPT timing that currently exist under D/S

Who Is Most Affected

PhD, medical, and law students: The average STEM PhD in the US takes 5.5 to 6 years to complete. Under the proposed rule, every Indian PhD student would face at least one mandatory USCIS extension application mid-program, with biometrics and a full vetting process each time. Medical and law programs face the same challenge. Failure to file before the authorized period expires creates an immediate overstay.

Students changing programs or academic levels: A student completing a master's and continuing to a PhD or changing their field of study currently handles this through their university DSO. Under the new system, each change becomes a formal USCIS filing. A government process replaces a university paperwork update.

OPT applicants: OPT is currently available for up to 12 months after graduation, with a 24-month STEM extension. If your authorized stay expires before your OPT application is approved, a pending application may not protect your status. Timing becomes critical in a way it has never been before.

J-1 exchange visitors: Research scholars, au pairs, and summer work-travel participants would all be subject to fixed admission periods tied to their DS-2019 program end dates. Open-ended D/S status ends for all J-1 categories.

What Happens If You Miss the Filing Deadline

Under Duration of Status, missing a deadline is serious but manageable with university support. The proposed system imposes structurally harsher consequences.

• Missing the filing deadline creates an immediate overstay. This bars future US visa issuance and triggers inadmissibility
• Overstay of more than 180 days: 3-year bar from re-entering the US
• Overstay of more than 1 year: 10-year bar from re-entering the US

Indian PhD students face a real risk from the old system, as even a brief USCIS processing delay could push their filing past the deadline.

What Could Still Stop or Delay This

The rule is in its final review stage, not yet law. Three things could slow or prevent implementation:

• OMB revision: OMB could return the rule to DHS for revision, pushing the timeline past September 2026
• Legal challenges: Multiple universities and higher education associations, including NAFSA and the American Council on Education, have publicly opposed the rule. A court injunction after Federal Register publication could pause implementation entirely
• Administrative delay: If OMB review extends beyond 90 days or publication is delayed, the September 2026 implementation window could slip

This rule is in its final stages but is not guaranteed to take effect on schedule.

The Hidden Costs and Practicalities Most Students Are Not Planning For

The headline change is the four-year cap. The details buried in the rule are the ones that will actually catch students off guard.

Grace period cut from 60 days to 30 days: Under the current system, F-1 students get 60 days after completing their program before they must leave or change status. The proposed rule cuts that to 30 days. For Indian students managing final exams, thesis submissions, apartment leases, and travel bookings simultaneously, losing 30 days of buffer is a real logistical problem.

Traveling abroad resets your clock: The proposed rule states that if you travel outside the US after it takes effect and then re-enter, your earlier period of stay will not be preserved. Re-entry starts a new fixed admission period. A student who travels to India during winter break and returns would come back under the new fixed-period structure, not carrying forward the time already spent.

Form I-539 processing can take up to six months, and you may not be able to work during that time: The extension application, Form I-539 processing, currently ranges from 2 to 6 months; check the USCIS processing times page for current estimates. While a Form I-539 is pending, a student may remain in the US. However, they may not be able to work or study during that period. For Indian students on STEM OPT who need to maintain employment to stay in status, a pending I-539 creates a gap that did not previously exist.

The real cost of one extension:

A single standard extension costs USD 470 (Rs.44,941) for paper filing or USD 420 (Rs.40,160) online. Premium processing adds USD 2,075, bringing the total to approximately USD 2,495 to USD 2,545 (Rs.2,38,571 to Rs.2,43,350) depending on the filing method. Note: The $85 biometrics fee was eliminated for I-539 filers in October 2023. Whether the new rule reinstates it for D/S extension filers is unconfirmed until the final rule text is published. For a PhD student needing two extensions over six years, standard filing alone adds between Rs.89,882 and Rs.99,445 to the total cost of the degree, before any legal fees.

English language training programs face a separate cap: The rule imposes a separate 24-month aggregate limit on English language training within the broader four-year admission period. Students who enter the US for language preparation before their degree program will find that time counts toward their overall four-year clock.

Currency note: 1 USD = Rs.95.62 as of May 13, 2026. Always verify the current rate before making financial decisions. 

What Indian Students Should Do Right Now

If you are starting a US degree in September 2026:

• Check whether your program can be completed within four years. If it cannot (PhD, combined MD, multi-year professional program), you will need at least one USCIS extension mid-program under the proposed rule
• Ask your prospective university's International Student Office directly whether they have received guidance and what their extension support process will look like
• Do not defer your September 2026 start assuming the rule will be blocked. Monitor the Federal Register at federalregister.gov for publication of the final rule

If you are currently on F-1 status in the US:

• Your existing D/S status is not immediately affected. The rule is expected to apply to new entrants first
• Ask your DSO now what the extension process will look like for your program if the rule takes effect
• Track USCIS announcements through the SEVP (Student and Exchange Visitor Program) website at ice.gov/sevis

If you are planning to start a US PhD in 2027 or later:

• Factor in at least one USCIS extension application cost into your financial planning. Form I-539 costs USD 470 (paper) or USD 420 (online) as of 2026 (approximately Rs.44,941 or Rs.40,160), not including legal fees
• STEM OPT applicants need to plan filing timelines carefully so that OPT applications are filed and approved before the authorised stay period expires

The Direction Is Clear

Universities expect disruptions to recruitment, advising, and program structures if this rule takes effect. NAFSA, the American Council on Education, and multiple institutions have submitted comments opposing the rule on grounds of administrative burden, cost, and harm to the US higher education system's ability to attract international talent.

The direction of US immigration policy toward international students remains consistent, whether this rule takes effect as proposed, gets modified, or is struck down in courts. This means more oversight, more government involvement, and less flexibility at the institutional level.

For Indian students comparing the US with other study destinations in 2026, this development is a real change in the risk profile of a US degree. Not a reason to rule it out, but a reason to understand it fully before you decide.

Book a free session with a Leap Scholar counselor to understand how this rule affects your specific program, what your extension timeline and costs look like under the proposed system, and how the US compares to other study destinations given today's policy environment.

Sources: Reddy Neumann Brown PC, DHS Moves to End Duration of Status, May 2026 | ICEF Monitor, US Moves to End Duration of Status for F, J, and I Visas | VisaHQ, DHS Moves to Replace Duration of Status with 4-Year Cap | Manifest Law, International Students Could Face Fixed Visa Limits | VisaVerge, DHS Ends Duration of Status for F and J Visas | Visa for the United States, F-1 and J-1 Duration of Status Eliminated 2026 | OMB regulatory agenda | Federal Register | USCIS official fee schedule | USCIS SEVP