Imminent Changes To International Student Visas Will Have Major Impact - Above the Law

DHS proposed sweeping regulatory changes in August 2025 affecting F-1, M-1, and I visa categories, with final regulations expected at any time. The F-1 visa covers international students pursuing academic studies, and current rules allow a stay based on “duration of status” (D/S). D/S is defined as the time an F-1 student pursues a full course of study at an SEVP-certified institution or engages in authorized practical training after completion. Students may enter up to 30 days before their program begins and receive a 60-day grace period after completing studies or training. Current rules also provide 12 months of OPT work authorization, with an additional 24 months for qualifying STEM degrees, and D/S enables relatively seamless program-to-program movement.

"The F-1 visa applies to international students pursuing academic studies in the United States; the M-1 visa is designated for students enrolled in vocational or nonacademic programs; and the I visa is reserved for representatives of foreign media, including journalists."

"Under the current framework, students may remain in the United States for the duration of their active studies, commonly referred to as “duration of status” or D/S. Duration of status is defined as “the time during which an F-1 student is pursuing a full course of study at an educational institution certified by Student and Exchange Visitor Program (SEVP) for attendance by foreign students, or engaging in authorized practical training following completion of studies.”"

"International students may enter the United States up to 30 days before their academic program begins and receive a 60-day grace period after completing their studies or training. Every student is eligible for a 12-month period of work authorization and training through Optional Practical Training (OPT). Students with qualifying STEM degrees may receive an additional 24 months of STEM OPT."

"At present, the D/S framework allows students to move relatively seamlessly from program to program, scho"

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