4-year fixed stay for F1 students: Immigration attorney says the biggest risk is 'booking a flight home', warns visa holders against traveling outside US
Immigration attorney Emily Neumann said international students on F1 visa currently in the US should not travel abroad now. Students who are already in the
Immigration attorney Emily Neumann said international students on F1 visa currently in the US should not travel abroad now. Students who are already in the US Other checklists for students by Neumann A USCIS extension of stay (likely Form I-539) will be required to stay past your I-94 date. A DSO extending your program in SEVIS will no longer be enough. Graduate students generally can't change majors mid-program or transfer schools without a special exception. After finishing a program, you can generally only move up a level — no second bachelor's, no second master's (looking at you Day-1 CPT). Post-completion OPT will often require BOTH an I-539 and an I-765.
There's temporary OPT relief for students who file within six months of the effective date. And cap-gap survives untouched. For students, schools, and employers: the compliance model just shifted from "the DSO handles it" to a dual DSO + USCIS system. You'll need to start tracking I-94 dates. The Donald Trump administration finalized the 4-year fixed stay rule for international students which means students coming to the US will be allowed to stay only for four years -- the duration of most of the courses, and if they need to stay longer, if they start doing their OPT etc, they will have to seek an extension from the Department of Homeland Security before their authorized stay expires.
The existing rule does not have a fixed duration, and students are allowed to remain in the US as long as they comply with all visa requirements. The new rule will also be applicable to J-1 exchange visitors and journalists holding I visas. But the largest group to be affected is international students.Neumann said F-1 students should not travel outside the US now, as once they come back, new rules would be applicable to them.Immigration attorney Emily Neumann said for F-1 students in the US right now, the biggest risk is not a form or a fee. "It's booking a flight home". "DHS is eliminating "duration of status" for F-1 students and replacing it with a fixed admission date on your I-94.
Publication is set for July 17, with an effective date around September 15, 2026," Neumann said."If you're already in the US and maintaining status on the effective date, you do NOT need to rush to file anything. You're generally protected until the earliest of your I-20 program end date, four years out (roughly September 15, 2030), or a status violation," she said."Travel doesn't just "refresh" your old D/S admission anymore. After September 15th, you'll be readmitted with a new fixed-date I-94 with a 30-day departure window instead of 60," she said.
The BriefWire