On July 17, 2026, the Department of Homeland Security (“DHS”) published a final rule amending 8 C.F.R. Parts 214, 218 and 274a, which includes the federal regulations controlling the admission period for foreign students visiting the United States on student visas (the “Final Rule”).[1] The Final Rule establishes a fixed admission period for F-1 students determined by the length of their specific academic program, not to exceed four years, after which students must apply to DHS to renew their status.[2] This approach will replace the long standing “duration of status” framework for F-1 students, which currently permits foreign students to stay in the United States for an unspecified period of time so long as they are pursuing a full course of study in an authorized program or are engaged in authorized practical training following completion of their studies.[3] The rule also adds new restrictions on changes to academic plans and shortens the grace period for F-1 students to leave the United States.[4] The rule takes effect on September 15, 2026.
Fixed Period of Admission for F-1 Students
Under the Final Rule, F-1 students will be admitted for a period of up to the length of the program of study listed in the student’s Form I-20, not to exceed four years.[5] Certain programs of study are subject to shorter admission periods. For example, English language training programs are limited to a 24-month period.[6] Students will continue to receive a 30-day grace period prior to the Program Start Date, but the grace period for departure after program completion will be reduced from 60 days to 30 days.[7]
In addition, an F-1 student that requires additional time to complete the program of study, begin a new program of study, or to engage in post-completion practical training must request an extension of stay from their designated school official (“DSO”), if necessary, and apply for an extension of stay with USCIS.[8]
Changes Related to Maintaining F-1 Student Status
The Final Rule provides that F-1 students enrolled in programs below the graduate level cannot change educational levels, major, or transfer during their first year of study unless Student and Exchange Visitor Program (“SEVP”) authorizes an exception for extenuating circumstances.[9] Students enrolled at the graduate level or above cannot change educational levels or major during their program of study but can transfer if SEVP authorizes an exception for extenuating circumstances.[10]
The Final Rule also requires that foreign students continue to make progressive educational progress. After completing a program of study, F-1 students cannot change to a program of study at a lower educational level or to one at the same educational level.[11]
Impact on Current F-1 Students
F-1 students under the existing “duration of status” framework who are present in the United States on the effective date of the Final Rule may remain in the United States without applying for an extension through their Program End Date or the end of their approved practical training, but no later than November 14, 2030. After that date, students must apply for an extension or leave the country and seek readmission under the new fixed-period rules.[12]
Please note that the rule is subject to congressional review, and the effective date may be changed or the rule may be terminated.
Should you have any questions about the impact of these orders or executive actions on your institution’s policies and practices, please contact Jennifer McLaughlin (jmclaughlin@cullenllp.com), Dina Vespia (dvespia@cullenllp.com), Nicole Donatich (ndonatich@cullenllp.com), or Cynthia Madrid (cmadrid@cullenllp.com).
Footnotes
[1] Dep’t of Homeland Security, Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media, 91 Fed. Reg. 44976 (July 17, 2026) (to be codified at 8 C.F.R. pts. 214, 248, 274a) (available at: https://www.federalregister.gov/documents/2026/07/17/2026-14439/establishing-a-fixed-time-period-of-admission-and-an-extension-of-stay-procedure-for-nonimmigrant).
[2] Id.
[3] Id.
[4] Id.
[5] Dep’t of Homeland Security, Final Rule: Establishing a Fixed Time period of Admission and an Extension of Stay Procedure Quick Facts, (available at: https://studyinthestates.dhs.gov/final-rule-establishing-a-fixed-time-period-of-admission-and-an-extension-of-stay-procedure-quick).
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10] Id.
[11] Id.
[12] Id.