A New DHS Rule Is About to Make Life More Complicated for International Students
By Abigael Monahan Negrón, Immigration Attorney
For international students, maintaining lawful status in the United States has always required careful planning. Now, a new Department of Homeland Security rule is about to make that process even more complicated. At Sanabria & Associates, we believe students should understand what is changing before a missed deadline puts their education and future at risk.
For decades, most F-1 students have been admitted for what immigration law calls “duration of status,” often shown as “D/S” on the student’s Form I-94. This generally allowed students to remain in the United States while they pursued their studies or participated in authorized practical training, as long as they followed the requirements of their status.
Beginning September 15, 2026, that system will change. Under the new rule, F-1 students will generally be admitted for the length of their academic program, but for no longer than four years at a time. Students who need additional time may be required to file an extension-of-stay application directly with U.S. Citizenship and Immigration Services.
On paper, this may sound like a simple administrative change. In practice, it creates another opportunity for students to fall out of status.
Academic programs do not always fit neatly within a government deadline. A student may need additional time to complete a dissertation, finish required research, repeat a course, meet clinical requirements, or deal with an unexpected medical or family emergency. Until now, many of these issues could be addressed through the student’s school and an updated Form I-20. Under the new system, an extension of the academic program may not automatically extend the student’s authorized stay.
That distinction is incredibly important.
Students will now need to pay close attention to the expiration date on their Form I-94, the program end date on their Form I-20, and any deadline for requesting an extension. A timely application may allow an F-1 student to continue studying while USCIS makes a decision, but approval is not automatic. The student will still need to demonstrate eligibility and show that the delay was caused by legitimate academic or medical circumstances.
The rule also makes other significant changes. It places new restrictions on changing educational objectives and transferring schools, particularly for graduate-level students. It generally prevents students from completing one program and then beginning another program at the same or a lower educational level while remaining in F-1 status. It also reduces the period students have to prepare to leave the United States after completing their studies or post-completion practical training from 60 days to 30 days.
These rules may be especially difficult for students pursuing advanced degrees, students planning to transfer, and students applying for Optional Practical Training or STEM OPT. Something as ordinary as a delayed graduation date or a change in academic plans could now have serious immigration consequences.
The greatest concern is what happens when a student misses the fixed expiration date. Under the new framework, a student may begin accruing unlawful presence after the authorized period ends. Unlawful presence can affect a person’s ability to obtain a future visa, return to the United States, change status, or eventually apply for permanent residence.
Students who are already in the United States should not assume that these changes only apply to new arrivals. The final rule contains transition provisions for current students, and the deadline that applies will depend on the individual student’s immigration documents, program end date, practical training, and plans for the future.
At Sanabria & Associates, we understand that international students are not just managing immigration paperwork. They are building careers, completing years of education, supporting families, and making plans for their future. A confusing rule or missed deadline should not erase everything they have worked to accomplish.
Our attorneys can review a student’s Form I-94, Form I-20, immigration history, and academic plans to identify potential problems before they become emergencies. We can also assist with extension-of-stay applications, changes of status, OPT-related concerns, requests for evidence, and the immigration consequences of changing schools or academic programs.
This new rule is going to require students to be more careful and more proactive than ever. Do not wait until your status is about to expire to ask what your options are. Schedule a consultation with an attorney on our team today.