On July 16, 2026, the U.S. Department of Homeland Security (DHS) officially released the final visa rule and published it in the Federal Register. It will take full effect 60 days later, in mid‑September 2026.

On July 16, 2026, the U.S. Department of Homeland Security (DHS) officially released the final visa rule and published it in the Federal Register. It will take full effect 60 days later, in mid‑September 2026.

This reform repeals the D/S (Duration of Status, unlimited residence during study or assignment) system that has been in place since 1979. It simultaneously introduces differentiated mandatory limits for two groups:

Global F‑1 international students and J‑1 exchange scholars face a maximum stay of four years. Class I foreign journalists are normally allowed a 240‑day stay, while journalists holding mainland Chinese passports are limited to only 90 days and must file for an extension upon expiry.

Unlike short‑term administrative restrictions, this rule is codified in federal regulations with long‑term binding force. It will completely reshape the planning framework for Chinese international students and U.S.-based media professionals traveling to America.

This article breaks down regulatory details, impacts on affected groups, practical risks and response strategies based on official documentation.

I. Core Provisions of the New Rule, Defined by Official Text

1. F‑1/J‑1 Visas: Unlimited Stay Eliminated, Capped at 4 Years Maximum

Core logic of the old rule:

The I‑94 arrival record was marked D/S. As long as students maintained valid I‑20/DS‑2019 forms and full‑time enrollment, they could remain legally in the U.S. for undergraduate degrees, 5–7 year PhD programs or joint training without filing a separate extension application with USCIS.

Mandatory standards under the new rule:

A fixed‑expiration I‑94 will be issued upon entry. The permitted duration is the shorter of the program length or four years.

For programs exceeding four years (direct-entry PhDs, medical training, long‑term research), applicants must submit Form I‑539 for extension of stay to USCIS before expiration, pay filing fees, provide biometrics and undergo secondary background checks.

The post-graduation grace period is reduced from 60 days to 30 days. OPT and STEM OPT are both counted toward the four‑year limit.

Graduate students are prohibited from changing research directions or transferring between universities without official approval. Restrictions on undergraduate transfers in the first academic year have been tightened to prevent long‑term U.S. residency by repeatedly enrolling in lower‑level programs.

Separate caps apply to language training programs, with a total duration not to exceed 24 months. Cross‑border commuter students between the U.S. and Canada qualify for a special exemption. All other international students worldwide are subject to the four‑year maximum with no country‑specific exceptions.

2. Class I Journalist Visas: Global 240‑Day Standard, 90‑Day Discriminatory Clause for Chinese Mainland Passport Holders

This differentiated restriction is not newly introduced in this round of reforms; DHS codified it in regulations back in 2020. The new rule continues and solidifies this country‑based disparity:

Except for holders of mainland Chinese passports, all foreign journalists qualify for a maximum of 240 days per entry or extension.

Mainland journalists have a 90‑day cap on lawful stay per entry. They must complete the full extension process every three months: form submission, fee payment, in‑person fingerprinting and pending adjudication.

Journalists holding Hong Kong or Macao SAR passports are exempt from the 90‑day limit and follow the standard 240‑day rule.

There is no automatic renewal pathway for extensions. If USCIS faces backlogs or delayed reviews and no approval is granted by the expiry date, unlawful presence accrues immediately, triggering 3‑year or 10‑year bars on re-entering the United States.

Multiple U.S.-based journalists report that routine extension processing takes 2–4 months. This means applications must be filed two months in advance. Any review delay creates a status gap, with possible forced deportation at any time.

II. In-Depth Impacts by Group: Four Categories Hit Hardest

1. Direct-entry PhD and medical students with programs of 5+ years (most severely impacted)

Science, engineering and clinical medicine PhD programs typically run 5–7 years, so the four‑year cap cannot accommodate full degree completion. Previously, status could be renewed simply via school SEVIS updates. Going forward, students must actively file extensions with USCIS every four years, bringing three layers of risk:

- Financial cost: The I‑539 filing fee is $470 per submission, charged repeatedly for every extension request.

- Time cost: USCIS normally takes 6–8 months for adjudication. During peak application seasons, wait times can exceed 10 months, easily leading to status lapses.

- Scrutiny risk: Extension petitions trigger additional screening of research backgrounds, funding sources and past entry-exit records. Applicants in sensitive fields and those with frequent China‑U.S. travel face higher rejection rates.

If an extension is denied, students must depart within 30 days. Unfinished studies and already initiated OPT will both be invalidated.

2. Graduates planning dual master’s degrees or long‑term OPT job hunting

Many students previously planned a “one‑year master’s + STEM OPT” pathway, which easily exceeds four years. Under the new rule, remaining stay time after the first degree will be insufficient to complete the full 24‑month STEM training period.

Meanwhile, the shortened 30‑day post‑graduation grace period leaves far less room for error. The old 60‑day window allowed ample time for job applications and OPT filing. Missing the new tight deadline results in immediate loss of lawful work eligibility and forced return to home country.

3. Permanent U.S.-based media practitioners

The cycle of 90‑day renewals completely undermines stability for long‑term stationing:

- Higher living costs: Quarterly trips to USCIS for fingerprinting and preparation of full employment and media credential documentation consume substantial working hours over time.

- Job uncertainty: Extension reviews have no defined timeline. Denial notices may arrive at any time, interrupting U.S. reporting assignments.

- Travel restrictions: Short trips back to China reset the 90‑day clock upon re-entry. Frequent cross‑border travel will repeatedly trigger intensive border questioning and electronic device inspections.

The U.S. claim of “reciprocal administration” lacks factual basis. American journalists can maintain long‑term postings in China with no requirement for quarterly renewals. These differentiated provisions are essentially targeted restrictions on China’s media sector.

4. International students planning long‑term U.S. residency and transition to H‑1B or green cards

Records of unlawful presence are permanently retained in immigration systems. If an extension is not approved by the I‑94 expiration date, unlawful presence days start accruing the next day. Future applications for work visas, green cards or re-entry visas will face heightened scrutiny and high rejection risk.

Future U.S. residency planning will shift from “academics-first” to “status validity as top priority.” Long‑term advanced study and extended job search pathways carry substantially amplified risks.

III. Practical Risk Mitigation Guide, Actionable Immediately

Guidance for International Students

- Plan program duration before enrollment: Prioritize degrees completable within four years. Direct-entry PhD candidates should calculate the four‑year milestone upon admission and reserve a 9‑month buffer to prepare extension materials.

- Strictly manage academic progress: Avoid failing grades or leaves of absence that lengthen study time. Minimize mid-program major changes and school transfers to reduce skepticism during extension reviews.

- Prepare OPT early: Launch job hunting and OPT documentation at least four months before graduation