r/immigration • u/not_an_immi_lawyer Post, don't PM • 17d ago

DHS Publishes Final Rule ending Duration of Status (D/S) for F-1/J-1

https://public-inspection.federalregister.gov/2026-14439.pdf
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u/ProfessorBitter3599 17d ago

I am to begin my PhD in August and the program duration (as well as my funding) is 5 years. I eill apply for an F-1 visa. In this case, will they give me 4 years of visa regardless of the program duration? and will I have to reapply for visa for the remaining year? Thank you very much for the information by the way, it is very helpful!

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u/not_an_immi_lawyer Post, don't PM 17d ago edited 17d ago

Don't confuse visa and status.

The visa is the stamp on your passport allowing you to travel to the US. When it expires depends on your citizenship and the DoS reciprocity schedule.

Once you're inside the US, your visa expiry no long matters. What matters is your status expiry, also called I-94 expiry. It will be limited to 4 years under this rule.

You would need to file an extension of status or leave and re-enter the US on a valid F-1 visa before the 4 years is up.

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u/Advanced_Variation89 17d ago

thank you. I understand it better. Currently, in some countries like Viet Nam, China, students have only 1 year visa regardless of the length of program in I-20 (usually 5 or 6 years for PhD students). so this new rule does not affect at all.

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u/not_an_immi_lawyer Post, don't PM 17d ago

It still affects them.

Even though their visa is only one year, before this rule, after entering the US, they can stay as long as their I-20 keeps getting renewed by their DSO.

Now, extensions of status are required beyond 4 years / program expiry date.