US Ends Decades-Old "Forever Student" Loophole, America Tightens Immigration Rules

The United States has ended a 48-year-old immigration loophole that allowed foreign students, exchange visitors and journalists to stay indefinitely without routine government oversight, in a sweeping rule change likely to hit Indian nationals hardest.

The Department of Homeland Security's final rule, published Thursday, replaces the old "duration of status" system with fixed admission periods for F (student), J (exchange visitor) and I (journalist) visa categories. The new regulation establishes a fixed period of admission for nonimmigrant visa holders in F, J, and I classifications, ending the loophole that allowed them to remain in the US indefinitely without routine government oversight.

Under the new framework, F and J nonimmigrants will generally be admitted for the length of their academic or exchange program, up to a maximum of four years , plus a 30-day grace period , while journalists on I visas will generally receive admission periods of up to 240 days , with certain exceptions, cut further to 90 days for Chinese nationals . Anyone needing more time must now file for an Extension of Stay with US Citizenship and Immigration Services , involving biometrics, background checks and fraud screening, a marked shift from the university-led oversight of the past.

The rule also tightens academic mobility: graduate-level F-1 students generally cannot change their field of study or transfer schools mid-program, and students who complete one course of study must move to a higher educational level rather than re-enrol at the same or a lower level.

DHS Secretary Markwayne Mullin said the outdated system had "compromised national security and created an environment ripe for immigration fraud" for nearly half a century. Notably, this is not an entirely new idea, it revives a similar rule the first Trump administration proposed in 2020 , which the Biden administration had rescinded in 2021 .

The rule takes effect 60 days after publication, meaning the changes formally kick in around September 15, 2026 , subject to congressional review. Those already in the US under the old system will transition automatically, capped at four years' stay.

Separately, the administration has also revived the "public charge" rule, which could deny green cards to immigrants who use benefits like food stamps, Medicaid or housing vouchers , published in the Federal Register on Thursday.

What it means for Indian citizens:

With 3,63,019 Indian students enrolled in US colleges in 2024-25 , nearly 31 per cent of all international students, India stands to be the most affected nation. Students will lose the flexibility of open-ended stays for research or OPT extensions, face a shorter 30-day exit window post-graduation, and must now navigate federal extension applications rather than university paperwork, adding cost, delay and uncertainty for thousands of Indian families planning long-term US education and careers.