Under the new rule, F-1 student, J-1 exchange visitor, and I-visa media visas will carry fixed admission periods of up to four years, requiring federal extensions and biometric vetting for anyone needing more time. The change follows several Texas federal prosecutions involving foreign nationals who used student visa status while committing federal crimes
WASHINGTON — The Department of Homeland Security has published a final rule that ends the long-standing “duration of status” framework for certain foreign visa holders, replacing it with fixed periods of admission of up to four years and requiring anyone seeking additional time to apply directly to U.S. Citizenship and Immigration Services for an Extension of Stay, according to the department.
According to DHS, the rule applies to nonimmigrant visa holders in three categories: F-1 (academic student), J-1 (exchange visitor), and I (media representative) classifications. The department said the rule will publish in the Federal Register in the coming days and will take effect 60 days after publication.
How the rule will work
According to DHS, the final rule makes the following changes:
Fixed admission periods. F and J visa holders will be admitted for the length of their specific program, up to a maximum of four years.
Federal extension applications. Visa holders who need additional time to complete a program must formally apply for an Extension of Stay through USCIS. According to DHS, this shifts oversight from university and program staff back to federal authorities and subjects applicants to biometric vetting, background checks, and fraud screenings.
Reduced departure grace period. The time allowed for F-1 students to prepare for departure, transfer schools, or change status following graduation is reduced from 60 days to 30 days.
Program change restrictions. The rule places new limitations on academic changes during a student’s admitted period.
According to DHS, current visa holders residing in the U.S. under the previous framework will transition to the new system automatically, with their authorized stays capped at a maximum of four years from the effective date of the rule.
Texas has seen recent federal cases involving foreign students
Texas has been the site of several recent federal prosecutions of foreign nationals who held student visas while charged with federal crimes — the kind of cases federal officials have cited when discussing the need for tighter vetting.
In June 2025, according to the U.S. Attorney’s Office for the Western District of Texas, an Indian national named Kishan Rajeshkumar Patel was sentenced in federal court in Austin to 63 months in federal prison for conspiracy to commit money laundering. According to prosecutors, Patel — who was living in the United States on a student visa — conspired with co-defendants to defraud elderly Americans of hundreds of thousands of dollars in cash and gold between July and August 2024. Prosecutors said the scheme used online phishing and government-impersonation tactics to defraud at least 25 victims, with a total intended loss of at least $2.69 million. Patel was arrested by the Granite Shoals Police Department in August 2024. The case was investigated by the FBI’s San Antonio Field Office and prosecuted by Assistant U.S. Attorney Keith Henneke.
Separately, in a well-publicized federal case out of Detroit, a Dallas resident named Naveen Prathipati was among eight individuals indicted for conspiracy to commit visa fraud and harboring illegal aliens for profit. According to federal prosecutors, the case involved a fake university operated by federal agents to identify individuals allegedly using the F-1 student visa framework to remain in the country without genuine academic enrollment.
According to Texas-based immigration attorneys, counties across North Texas — including Dallas, Collin, and Tarrant — have seen increased federal enforcement action against foreign nationals holding student visas, including visa cancellations by the State Department and terminations of Student and Exchange Visitor Information System (SEVIS) records.
The cases described are individual criminal matters, and the new federal rule affects the broader visa system rather than any specific pending case.
Statement from the DHS Secretary
“For nearly half a century, the outdated ‘duration of status’ system has compromised national security and created an environment ripe for immigration fraud,” DHS Secretary Markwayne Mullin said in a statement. “For decades, foreign students have been admitted into the U.S. indefinitely, allowing thousands to abuse our immigration system by perpetually enrolling in courses to avoid having to leave the U.S. By implementing clear, finite limits on these visas, the United States is reclaiming its ability to properly screen, vet, and monitor individuals within our borders. This final rule ensures that foreign students remain focused on their primary purpose: completing their studies and returning home.”
Background on the visa system
The “duration of status” framework has been in place since 1978, allowing F-1 and J-1 visa holders to remain in the United States for the duration of their program without a specific end date on their admission. Under that system, universities and exchange program sponsors — through the Student and Exchange Visitor Information System (SEVIS), managed by the Student and Exchange Visitor Program (SEVP) within Immigration and Customs Enforcement — have been responsible for tracking whether visa holders remain in valid status.
The new rule shifts that oversight back to federal authorities at USCIS, particularly for extension applications, and mandates biometric checks as part of that process.
Impact on Texas universities and international students
Texas is home to some of the largest international student populations in the country. According to Institute of International Education data, universities across Texas — including the University of Texas at Austin, Texas A&M University, University of Houston, Rice University, and others — enroll tens of thousands of international students on F-1 visas each year. The state also hosts significant numbers of J-1 exchange visitors, particularly in academic medical centers and research institutions.
DHS said the rule will apply to both current and future visa holders, meaning international students already studying in Texas will transition to the new framework once the rule takes effect.
Additional information about implementation is expected in guidance from USCIS and the Student and Exchange Visitor Program in the weeks following publication in the Federal Register.
Sources: U.S. Department of Homeland Security; U.S. Attorney’s Office for the Western District of Texas; U.S. Immigration and Customs Enforcement
