Duration of Status
The Final Rule on Duration of Status was published on July 17, 2026 and will go into effect September 15, 2026.
We believe more needs to be done to educate the general public, business, chambers of commerce, economic development leaders, policymakers and others about the economic contributions of international students and J-exchange visitors and the economic costs of the final Duration of Status rule.
On July 17, 2026, the Department of Homeland Security (DHS) published a final rule that will change the length of time international students and J-visa exchange visitors can stay in the U.S., forcing many to file Extension of Stay (EOS) applications which require filing fees, biometric data, possible interviews and maybe even require international students and scholars to hire legal representation. The new rule is scheduled to go into effect on September 15, 2026. Students can obtain an early Frequently Asked Question (FAQ) guide to the new rule from the International Student Resource Center here.
The implementation of this rule could mean significant processing delays, confusion, massive red tape and other burdens. The new rule projects nearly $400 million in out-of-pocket costs annually for federal administrators, international students, J-visa exchange visitors and foreign media to comply.
The 1.1 million international students and 300,000 J-visa exchange visitors are critically important to the American economy. International students alone are estimated to spend $43.8 billion annually in the U.S., providing significant tuition dollars, in addition to rent, groceries, goods and services. International students are a major source of high-skilled talent to the U.S. economy and approximately 50% of all the graduate students in critical STEM fields studying at U.S. colleges and universities are international students. Over 250,000 international students are currently working in the U.S. through the OPT program, filling critical talent gaps in the U.S. economy.
This new rule may make the U.S. a far less attractive place for international students and scholars to study and work and could complicate the ability of employers to utilize international student talent to fill critical STEM talent gaps. In short, the new rule could hurt the U.S. economy and economic growth, hurt American companies, make America less competitive, and cost jobs.
Understanding the Rule
The final rule will greatly increase the administrative burdens and paperwork of the vast majority of international students and J-1 visa exchange visitors.
For the last three decades international students and scholars to the U.S. have been allowed to keep their status so long as they were enrolled full-time in their program or working after graduation as part of their Optional Practical Training (OPT). The new rule will change that practice limiting the “Duration of Status” (D/S) of international students, J-visa exchange visitors and international media to four years, requiring these visa holders to file formal Extension of Stay (EOS) applications with the federal government to stay beyond the cap. This may create significant delays, confusion, red tape, and other burdens. The new rule also will impose new limits on changing academic programs. Of note:
The new rule cuts the F-1 grace period in half, from 60 to 30 days. Under the old Duration of Status rules, F-1 students were provided 60 days following the completion of their studies and any practical training to prepare for departure from the United States. The new rule reduces this post-completion "grace" period to 30 days, the same post-completion period that J exchange visitors and M-1 students currently have. International students would have less time to file extensions after completing their studies or training, prepare for departure, or change status increasing pressure on both students and university advisers.
The four-year cap is too short for most international students. Research suggests that only 56% of international students (and only 44% of domestic students) receive their bachelor’s degree in four years. International students pursuing a doctoral (Ph.D.) degree average 5.8 years and those seeking a master and Ph.D. average 7.5 years, well beyond the four-year cap. J-1 research scholars are permitted by existing law to stay up to 5 years, also exceeding the four-year proposed cap. The proposed rule also seeks to impose a two-year cap on English Language Learners (ELL) and associate degree candidates and any effort by these students to transfer to a four-year program or to move from an ELL program to a community college will trigger the EOS provisions. Similarly, any international student originally enrolled in a community college program will trigger the EOS provisions if they seek to transfer to a four-year degree.
Potential negative impact of OPT program: currently international students in STEM degree fields are allowed to work for three full years after their graduation in their field of study to gain practical experience. The rule’s four-year cap basically necessitates that these STEM workers will need to pursue an EOS application, a potentially significant challenge. The U.S. economy has greatly benefitted from the OPT STEM extension, originally created by President Bush to help address the critical STEM talent shortage in the private sector. Today 250,000 international students are working after graduation through the OPT program. As noted, the EOS application requires additional filing fees, biometric data, possible interviews and maybe even require hiring legal representation. It could mean significant delays, confusion, red tape and other burdens. Employers seeking to hire OPT students may now have to deal with delay, red tape and/or uncertainty.
The International Student Resource Center has done a good job of providing an early analysis of the final rule, which is over 150 pages and includes detailed aspects of immigration law, enabling interested persons to research specific provisions of the proposed changes.
NAFSA: Association of International Educators has done a good job of providing information about the final rule that universities and DSOs can use. You can access that information here.
Is This the End of Optional Practical Training (OPT) and the Opportunity for International Students to Work in the U.S. after Graduation?
No! There are nearly 300,000 international students who use OPT to work in the U.S. every year and the vast majority of them are STEM majors. This is twice the number of new folks receiving an H-1B visa. Big tech companies like Amazon and Microsoft rely on OPT workers. As noted, as bad as the Duration of Status rule change is, it does provide an Extension of Stay application that can enable international students longer time horizons and it is expected that there will still be pathways for OPT workers, but that they may become more challenging to utilize. Also, there are several ways that this new rule change may be delayed or overturned.
What Can Be Done to Overturn or Delay the Duration of Status Rule:
A. Challenge the D/S Rule in Court
During President Trump’s first term, there were efforts to change the D/S rule, as well as to implement other immigration law changes like the public charge. Advocates did an amazing job of delaying or striking down these changes by filing lawsuits, often arguing that the adoption of these new policies did not follow the requirements of changing federal rules. One thing that legal advocates need is potential plaintiffs willing to join a lawsuit again the rule. Specifically, they need international students impacted by the new D/S rule, as well as private employers that use OPT labor who would be impacted. Plaintiffs do not have to fund the lawsuit or pay anything, but they must be willing to sign onto the lawsuit.
B. Engage Congress
1. Delay or Overturn D/S Rule Implementation
For any “Major Rule,” defined as a rule with a projected economic impact of over $100 million (which the D/S rule meets), Congress has the opportunity to overturn the rule under the Congressional Review Act. This has been done 20 times in the last 30 years, including 16 times under President Trump’s first term. A bipartisan effort already has begun to ask DHS Secretary to reconsider the final rule.
2. Pass Legislation to Return D/S to Past Practices
Of course, Congress can legislate that the D/S rules follow the practice established in 1978 that has served well over the past nearly 50 years.
C. Engage the General Public, including Our Business Community
To support either a Congressional review of the final rule or legislation overturning the final rule, we will need to generate a public outcry about the current proposal set to go into effect September 15. We will need to identify students and employers not only might serve as plaintiffs, but who might be willing to tell their story to the media. There are numerous economic arguments about why this rule will hurt the U.S. economy, our higher education colleges and universities, talent supply and innovation. Educating the public on this somewhat esoteric law and the importance of international education and its broader impacts is work that we all can do through our communications, social media, opinion pieces and public speaking.
To effectively make our case to the public, we have plenty of data to support the economic arguments that this decision will hurt the economy through lost spending of international students who chose to study other places than the U.S., as well as through the lost talent of graduated international students entering the U.S. workforce. What makes this data much more persuasive, however, is actual stories.
If you are an international students or employer willing to publicly tell your story about how this new rule may negatively impact you—or if you know an international student or employer willing to tell their story—please email us at e.pluribus@globaldetroitmi.org.
How to Get Involved
Spread the Word
Helo ring awareness to this issue and to raise the profile of the importance that international education and international students represent to America, our local economies and higher education is to write an opinion piece in local papers, business journals, newsletters, blogs, LinkedIn posts, and other social media. If you would like assistance in crafting an opinion piece or otherwise spreading the word, or if you have an opinion piece you want to share, please contact us at info@globaldetroitmi.org.
If you would like to learn more about international students entering your state’s workforce, please visit www.optobservatory.org. Our E Pluribus program would love to assist you in spreading the word about the importance of international students and international education to your state’s economy.
Join the E Pluribus International Student Retention Peer Learning Cohort
Global Detroit’s E Pluribus program supports an International Student Retention National Peer Learning Cohort of nearly three dozen local international student retention programs. These programs are immigrant economic inclusion initiatives, economic development organizations, chambers of commerce, state and municipal offices of New Americans, as well as state and local programs who are focused on connecting international student talent to unmet private sector talent needs. The cohort meets online monthly, conducts webinar, and shares research and best practices, as well as tools to advance local international student retention initiatives. To find out more information and/or join the group email us at info@globaldetroitmi.org.
Make a Donation
Global Detroit is a tax-exempt charitable organization. Our E Pluribus national work currently operates without any dedicated funding. If you want to support this program please contact us or consider a donation at https://globaldetroitmi.org/donate/.
Volunteer
Global Detroit is always looking for volunteers who can help us with our programs. Whether it’s crafting social media posts, doing research, analyzing data, conducting outreach to partner organizations, designing websites and reports or just helping out, we welcome volunteers. Email us at info@globaldetroitmi.org to find out more.
Host a Webinar
Most Americans, business and economic development leaders and policymakers are unaware of the enormous economic contributions of international education and the talent proposition that graduating international students pose to help fill critical talent gaps. Hosting a webinar to provide data on those contributions, as well as to explain the new H-1B rule, in addition to the Duration of Status rule, can help educate these partners. Global Detroit’s E Pluribus program would love to work with you to help host a webinar. Please contact us if you need assistance.
Get in Touch
Global Detroit and the E Pluribus program would love to hear from you. If you have questions, ideas, requests or just want to talk about these issues, drop us a line at info@globaldetroitmi.org.
Join the U.S. for Success Coalition and/or Other Advocacy Groups
There are other national policies that would negatively impact international education and international students that are being considered right now and working in coalition is one way you can stay informed and help further the cause of supporting international education and international students. The U.S. for Success Coalition is one multi-sector effort that aims to foster international student success in the United States through a coordinated national effort working in partnership with the U.S. government, higher education institutions, the business sector, and other key partners to foster supportive federal policies and practices. You can join the U.S. for Success Coalition at https://www.usforsuccess.org/join-us.