
Education Journalist | Study Abroad Strategy Lead | Updated On - May 7, 2026
Indian students currently enrolled in US universities — and the 1,43,740 on OPT — are now facing a hard deadline. On May 5, 2026, the US Department of Homeland Security submitted the final rule eliminating "Duration of Status" (D/S) for F-1, J-1 and I visa holders to the Office of Management and Budget for review. Once published in the Federal Register — expected between late May and late June 2026 — the rule takes effect in 60 days, placing it squarely in the path of students arriving for Fall 2026.
The change ends a framework that has governed international student stays in the US since 1978. Under D/S, F-1 students could remain in the US for the full duration of their programme without a fixed end date on their visa. That flexibility disappears entirely under the final rule — replaced by a fixed 4-year admission limit, a halved grace period, and a new USCIS extension process that removes universities from the equation.

Check top US Universities for Indian Students in 2026
What Duration of Status Was — and What Replaces It
Since 1978, an F-1 student's I-94 arrival record has read "D/S" — meaning their lawful stay was tied to their programme, not a calendar date.
A PhD student taking six years to complete their degree, a student switching from a master's to a doctoral programme, or a student on approved medical leave — all remained in valid status automatically, as long as their Designated School Official (DSO) updated their SEVIS record.
The final rule replaces this with a fixed end date on the I-94, linked to the student's passport. Here is what changes:
| Rule Element | Current (D/S System) | Under Final Rule |
|---|---|---|
| Stay duration | Full programme length, no fixed end date | 4 years or programme completion, whichever is shorter |
| Extension process | DSO updates SEVIS — no government application needed | Must file Form I-539 with USCIS; fee USD 1,965 (~₹1.83 lakh) |
| Grace period after programme | 60 days | 30 days |
| Graduate students — change of major | Permitted with DSO approval | Permanently barred at any stage |
| Graduate students — university transfer | Permitted with DSO approval | Permanently barred at any stage |
| Undergraduate — change of major/transfer | Permitted with DSO approval | Barred in first academic year |
| Second degree at same or lower level | Permitted | Barred if first degree completed in F-1 status in US |
| Extension decision authority | DSO at the student's institution | USCIS immigration officials — discretionary |
NAFSA states the final rule "will retain most if not all of the changes included in the proposed rule."
Also Read: What the D/S Proposal Meant — Full Breakdown for Indian Students
Why Indian Students Are Most Exposed?
India sends more students to the US than any other country. As of February 2026, 3,52,644 Indian students were enrolled in US institutions — a figure that, despite a 6.9% year-on-year drop, still represents 27% of all international students in the country. The D/S rule change hits three specific Indian student profiles hardest.
PhD students in STEM.
- The average US doctoral programme takes five to eight years to complete.
- Under the final rule, a PhD student who has not completed their programme within four years must file Form I-539 with USCIS and pay a fee of USD 1,965 (~₹1.83 lakh at USD 1 = ₹93.13) for an extension, with no guarantee of approval.
- USCIS currently has its most backlogged processing queue in years.
- A student whose I-94 expires while their extension is pending faces a serious compliance risk.
Students on OPT and STEM OPT.
- The grace period cut from 60 to 30 days is the most immediate threat for the 1,43,740 Indian students currently on OPT.
- Indians account for 48% of all STEM OPT participants in the US — approximately 79,000 students.
- The 60-day window after graduation currently gives students time to receive their OPT Employment Authorisation Document (EAD) and begin work.
- USCIS OPT processing takes 90 to 150 days. With a 30-day grace period, students who have not filed early enough face a gap between programme completion and work authorisation.
MS students considering programme changes or transfers.
The permanent ban on graduate students changing their field of study or transferring universities is a structural shift. Indian MS students — particularly those in computer science, data science and engineering — frequently switch specialisations or transfer to stronger programmes after their first year. Under the final rule, any such change after enrolment would put a graduate student out of status.
Also Read: OPT in 2026 — Rules, Risks and What Indian Students Must Do Now
The Timeline: When This Hits Fall 2026 Students
The administration's stated goal is to have the rule in effect before students arrive for the Fall 2026 intake. NAFSA's Deputy Executive Director of Public Policy confirmed at an April 28 webinar that the final rule is expected to be published in the Federal Register between late May and late June 2026, with a 60-day implementation period following publication.
Working backwards from a September 2026 arrival date:
- Federal Register publication: Late May to late June 2026
- 60-day implementation period: Rule effective late July to late August 2026
- Fall 2026 students arrive: August–September 2026 — within the rule's effective window
Students already enrolled in the US are also affected. Current students wanting to extend their stay beyond their programme end date will need to submit a request to USCIS — not their DSO. There is expected to be a six-month grace period for OPT students after the rule goes into effect, provided they do not leave the country.
What Indian Students Must Do Before the Rule Takes Effect
If you are currently on OPT or STEM OPT:
- Your existing authorisation remains valid until its expiry date — continue working
- Apply for STEM OPT extension immediately if your degree qualifies and you have not already done so — this gives you up to 24 additional months and two more H-1B lottery attempts
- Do not leave the US if your OPT is active and the rule has taken effect — a six-month grace period is expected for OPT students who remain in the country
- Consult an immigration attorney if your OPT expires in 2026 and your H-1B status is unresolved
If you are a PhD student whose programme exceeds 4 years:
- Speak to your DSO now about what an I-539 extension application would involve — do not wait until your I-94 end date approaches
- Budget ₹1.83 lakh (USD 1,965) for the USCIS extension fee; premium processing costs an additional USD 2,075 (~₹1.93 lakh)
- File your extension application well before your I-94 end date — USCIS processing backlogs mean delays are likely
If you are an MS student considering a programme change or transfer:
- Under the final rule, graduate students are permanently barred from changing their educational objective or transferring universities at any stage
- If you are considering a transfer, act before the rule's effective date — once it is in force, any change puts you out of status
- Confirm your programme and university choice carefully before enrolment — you will not be able to change either after the rule takes effect
If you are a Fall 2026 admit who has not yet arrived:
- The rule is expected to be in effect by the time you arrive in August–September 2026
- Your I-94 will show a fixed end date — not "D/S" — from the moment you enter the US
- Confirm your programme length with your DSO before arrival and understand what an extension application would require if your programme runs beyond 4 years
- Do not change your major or transfer universities in your first year as an undergraduate, or at any point as a graduate student
Also Read: US Bill to Protect OPT — What It Means for 1.43 Lakh Indian Students
Legal challenges are possible. Immigration attorneys have noted that DHS will need to present strong rationale that the need for the change outweighs the documented harms to students, institutions and the US economy. If the final rule is challenged in federal court on grounds that it is "arbitrary and capricious," a court could issue an injunction pausing implementation while litigation proceeds.
NAFSA has stated it will update its analysis as soon as the final rule text is published. Universities including Cornell, UCLA, UW-Madison and Columbia have already issued guidance to students, urging them to monitor updates and plan for implementation.
The broader consequence is already visible. US F-1 visa issuances to Indian students fell 36% in summer 2025, and Indian enrolment in US institutions dropped 6.9% to 3,52,644 in February 2026 — the sharpest single-year decline in a decade. The D/S rule, if implemented as expected, adds a new layer of uncertainty to a destination that is already losing ground among Indian students to Germany, Canada and the UK — all of which offer post-study work rights written into statute that cannot be removed by a single executive decision.

















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