Major Changes Ahead for F-1 and J-1 Visa Holders in the U.S.

As of this week, the regulation RIN 1653-AA95, submitted by the U.S. Department of Homeland Security (DHS) in June, has officially passed through the White House regulatory review. This new rule is expected to take effect 30-60 days after its publication in the Federal Register. A significant overhaul of the existing F-1 and J-1 visa system is on the horizon—a transition that marks the end of the era where “as long as you are in school, you can legally stay in the U.S.” 🤯

Understanding the New Visa Regulations

Under the new guidelines, the current “Duration of Status” (D/S) system for F-1 and J-1 visa holders will be replaced with a fixed expiration date for their visas. This change means that international students will have to adhere to a more structured timeline for their stay in the U.S. After their visa expires, they will need to apply for an extension under the new procedures, or risk becoming unlawful residents.

Previously, once students obtained their F-1 visa, they could easily follow the educational pathway to graduation and subsequently apply for Optional Practical Training (OPT). However, the new regulations introduce stringent limits for certain countries and sensitive fields of study. For instance, students from specific nations may face visa durations as short as two years, after which they must reapply for an extension or a new visa to continue their education.

Implications for Specific Countries and Students

Countries expected to face stricter regulations include China, Iran, North Korea, Sudan, and Syria—those identified as “sensitive” or with high visa overstays, exceeding 10%. Furthermore, the new regulations will synchronize tightening procedures for applying for extensions and OPT, meaning that if a student’s extension fails, they must leave immediately, jeopardizing accumulated credits. ⚠️

The Increasing Scrutiny on OPT

While visa policies tighten, the management of OPT is also becoming more rigid. Joseph Edlow, the new head of the U.S. Citizenship and Immigration Services (USCIS), has been a vocal opponent of OPT in the past. Recently, USCIS has initiated enforcement strategies against fraudulent employers and false wage statements, and some students using fraudulent records have lost their OPT eligibility. They now face a mere 60-day grace period to find legitimate employment. Under the forthcoming regulations, maintaining a valid F-1 status will be crucial for OPT, and if a visa renewal is in limbo, the Employment Authorization Document (EAD) cannot be approved, thereby putting students in a precarious “identity vacuum.” 🔄

Reactions from Academia and International Education Bodies

The implications of these changes will likely resonate across higher education institutions and the student body alike. Doctoral candidates, students switching majors, and those requiring extended academic periods may find their research or studies abruptly paused. Schools will be required to allocate more resources to help students with renewal applications, which could lead to increased visa application fees, legal fees, and international travel costs. Moreover, the uncertainty surrounding these policies has prompted prospective students for the class of 2026 to reconsider their plans to study in the United States.

Despite the current status of the regulation being under review, with the DHS required to adapt its terms according to the White House’s suggestions, the final text is expected to be released as soon as the end of August. If released as a “temporary final rule,” it could immediately take effect; however, if classified as a “proposed rule,” changes could still be made during the public comment period. Educational institutions and international organizations are lobbying Congress, seeking either an extension of the visa duration for STEM Ph.D. candidates or the retention of the current D/S model.

Tina Frey, Chair of the American International Recruitment Council (AIRC), expressed concern: “The very uncertainty of the policy will deter talent. We hope the final text will retain flexibility, especially for doctoral-level researchers.” 🧑‍🎓

Final Thoughts

The looming changes in visa regulations for international students in the U.S. signal a monumental shift in how educational opportunities will be perceived globally. As we await the final decisions, students, institutions, and policymakers alike stand at a crossroads that will determine the future of international education in the United States.