4-year permanent residence for F1 students: Immigration lawyer says biggest risk is ‘booking a flight home’, warns visa holders not to travel outside the U.S.
The Donald Trump administration has finalized the four-year fixed residency rule for international students, which means that students coming to the United States can only stay in the United States for four years, which is the duration of most courses, and if they need to stay longer, if they begin OPT, etc., they will have to seek an extension from the Department of Homeland Security before their authorized stay expires. The existing rules have no fixed duration and students can stay in the United States as long as they comply with all visa requirements. The new regulations also apply to J-1 exchange visitors and journalists holding I visas. But the group most affected are international students.Neumann said F-1 students should not travel abroad now because the new rules will apply to them once they return.
Students already in the United States
Immigration attorney Emily Neumann said the biggest risk for F-1 students currently in the U.S. is not the forms or fees. “Booking a flight home.” “DHS is eliminating the ‘period of status’ for F-1 students and replacing it with a fixed enrollment date on the I-94. The release date is scheduled for July 17, with an effective date of approximately September 15, 2026,” Neumann said.“If you are already in the U.S. and maintaining status on the effective date, there is no rush to file any documents. You will generally be protected until your I-20 program end date, which is four years later at the earliest (approximately September 15, 2030) or until a status violation occurs,” she said.“Travel no longer just ‘refreshes’ your old D/S admission. After September 15, you will get a new fixed-date I-94 for reentry with a 30-day departure window instead of 60 days,” she said.Neumann’s other checklists for students
- If your I-94 expires and you need an extension of stay from the United States Citizenship and Immigration Services (USCIS) (possibly Form I-539). It is no longer enough to extend the DSO of your project in SEVIS.
- Graduate students generally cannot change majors or schools during a course, unless special exceptions apply. After completing a program, you can usually only move up one level – no second bachelor’s degree, no second master’s degree (look at your first day of CPT).
- Completion of OPT usually requires I-539 and I-765.
- Temporary OPT exemptions are available for students who submit applications within six months of the effective date. The cap gap is unaffected.
- For Students, Schools, and Employers: The compliance model has just shifted from “DSO processing” to a dual DSO + USCIS system. You need to start tracking your I-94 dates.
