BEYOND THE VISA New DHS guidelines for international students, journalists: maximum stay capped at 4 years
Starting September 15, 2026, the era of open-ended timelines for international students, exchange visitors, and journalists will be officially over.
F-1
Under the new Department of Homeland Security guidelines, F-1 students will be admitted for their specific program period up to a strict maximum of four (4) years. If a student is on optional practical training (OPT) or STEM OPT*** their stay is limited to the expiration date on their employment authorization document. Should more than four (4) years be needed for the academic program, one must present a newly issued I-20 and apply for an extension of stay/ EOS.
During their first academic year, undergraduate students face a restriction on school transfers and changing majors unless Student and Exchange Visitor Program/ SEVP grants a rare exception or upon proof of extreme extenuating circumstances. Some examples of special circumstances are medical emergency, school closure, natural disaster impacting campus operations and financial hardship. For the succeeding years, institutional transfers and program adjustments are only permitted if a student maintains good academic standing and demonstrates a consistent ability to complete their courses.
Graduate students face a ban on changing, adding or dropping majors once enrolled. Institutional transfers are also prohibited unless a narrow SEVP exception is satisfied. After graduation, students cannot use the F-1 status to pursue a second degree at the same or lower educational level. For instance, seeking a second bachelor’s degree, taking back-to-back masters or moving from master’s to bachelor’s will not be allowed. Those enrolled in English language training or ESL programs will be limited to a maximum period of twenty-four (24) months, plus the 30-day grace period.
J-1
Same rule applies to J-1 exchange visitors, trainees or students. Upon program completion, they enter a strict 30-day grace period during which all employment and exchange activities must cease. To extend the program beyond its original expiration date, one must obtain an updated DS-2019 for the institutional sponsor and submit an EOS.
I
Foreign media representatives or I visa grantees will be admitted for a fixed period up to the length of their assignment, capped at 240 days. However, citizens of the People’s Republic of China face a stricter maximum cap of 90 days. Any stays extending beyond these timeframes will require an EOS filed with the USCIS.
Transitory Rules
Students, trainees and exchange visitors already in the United States under open-ended Duration of Status (D/S) are protected by transitory provisions, allowing them to remain until their program ends, up to a maximum of four (4) years. However, any international travel and re-entry after September 15, 2026, will void this safeguard and trigger the new fixed-date timeline.
The D/S stay for international media representatives in the United States automatically converts to a fixed period capped at 240 days. Their legal status will expire when the media assignment ends or on May 13, 2027, whichever comes first. For mainland Chinese passport holders, this transitional window is strictly reduced to 90 days.
Guesswork is not compliance, and neither is consulting AI. Consult an immigration attorney to navigate these new rules safely.
***STEM OPT extension allows eligible F-1 students with a Science, Technology, Engineering, or Math degree to extend their post-completion work authorization by 24 months. Added to the initial 12-month OPT period, this extension provides a total of 36 months of work experience in the United States.
The FilAm runs a regular section for immigration matters, “Beyond the Visa,” by lawyer Licelle Cobrador. Atty. Licelle of Cobrador & Associates www.cobradorlaw.com begins with the question: What’s the latest? Licelle cuts through the noise, bringing deep knowledge, focus and clarity to our immigration journeys. You may reach her at info@cobradorlaw.com.
