For thousands of Poles studying in the United States, this is the most significant change in decades. The rule that allowed them to stay in the USA for as long as their studies lasted is becoming a thing of the past. The Department of Homeland Security (DHS) regulation was published in the Federal Register on July 17, 2026.
Four years and not a day longer
Previously, a student came to the USA for the “duration of status” — as long as they studied in accordance with the regulations, they could stay. The new regulations replace this with a rigid period: the length of the program indicated on Form I-20, but no more than four years. The same rule applies to exchange participants on J-1 visas.
Anyone who needs to stay longer — for example, a PhD student whose research extends into a fifth year — must submit an application for an extension of stay to the USCIS immigration office. This is a new, repeatable procedure: DHS will periodically assess whether the alien still meets the conditions. This application also provides for the collection of biometric data.
The regulation also takes a stricter approach to delays. It explicitly states that extending a program due to conditional passing of a semester, suspension, or repeated inability to complete studies is generally not a sufficient reason.
Thirty days instead of sixty to leave
The second major change concerns the end of studies. Previously, a graduate had 60 days to sort out their affairs and depart. The new regulations shorten this time to 30 days — both after completing studies and after the completion of the period of practical training (OPT).
Similarly, in a situation where a student interrupts their studies earlier: they and their family members have 30 days from the program end date to leave the country.
In news reports, this change is sometimes described inaccurately — as shortening the time to arrive before studies. There is no such provision in the regulation: the reduction from 60 to 30 days applies exclusively to the period after completing studies or training.
The consequences of overstaying are severe: a person who remains after the permitted period begins to accumulate what is known as unlawful presence — illegal stay, which in the future may close the door to a visa, entry into the USA, and status legalization.
Changing university and major — new restrictions
The regulation introduces rules that will particularly affect people planning changes during their studies. An undergraduate student must complete their first academic year at the institution that issued their Form I-20 — unless they obtain approval from the SEVP program.
Much stricter rules apply to higher education. Master’s and doctoral level students are prohibited from changing their educational objective throughout the duration of the program, and transferring to another university is possible only with SEVP approval and under exceptional circumstances.
Additionally, a person who has completed one program may only start another at a higher educational level. Returning to the same or a lower level in F-1 status will not be permitted.
Language courses with a limit, journalists for 240 days
A separate restriction applies to language schools: language course students will be able to stay in the USA for a total maximum of 24 months, including breaks and annual vacations.
Foreign journalists and media representatives in I status are given a maximum of 240 days of stay, with the possibility of applying for an extension. Separate rules are provided for some journalists from the People’s Republic of China — the regulation does not specify the length of their stay in this place.
It is worth clarifying a point that is sometimes distorted in media reports: the figure of 90 days that appears does not mean the length of stay for journalists from China. It refers to the period during which they are allowed to work for a foreign employer while waiting for an extension. Other journalists have 240 days in this situation.
Why DHS is introducing changes
The Department argues that staying for the “duration of status” did not give officials sufficient opportunities to check whether the foreigner is actually doing what their visa allows. The justification states that the previous system “created incentives for fraud and abuse,” and the new regulations are intended to strengthen supervision and national security.
DHS cites data: in fiscal year 2024, there were over 1.8 million entries in F status, over 500,000 in J status, and 37,330 journalist entries. The agency also points out that over 2,100 people who arrived as students between 2000 and 2010 still had active student status in April 2025.
Nearly 22,000 comments were submitted to the draft during public consultations. DHS estimates the annual cost of the regulations at between $443.1 and $448.6 million.
What this means for Poles
The regulations do not provide for any exceptions or reliefs based on country of origin — Polish students are subject to them in exactly the same way as everyone else. The only country treated separately is China, and solely in the journalist category.
In practice, this means three things. First, if your studies are going to last longer than four years, you need to plan ahead to apply for an extension of stay. Second, shortening the departure period from 60 to 30 days requires earlier preparation — tickets, accommodation, formal matters. Third, it is better to make the decision to change universities or majors before starting the program, because later it may be impossible.
Finally, a deadline around which the most misunderstandings have arisen. Some reports state a specific September date as a certainty — meanwhile, in the published text, in place of the date is the formula “60 days from publication in the Federal Register,” and DHS has stipulated that if the deadline changes, it will announce the actual date in a separate announcement. Conclusion: it is better to follow the official journal than the dates given in the press. It is best to discuss your situation with the international student advisor at your university (DSO) and with a licensed immigration attorney.
Sources:
- Federal Register — “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media” (document 2026-14439, published July 17, 2026): https://www.federalregister.gov/documents/2026/07/17/2026-14439/establishing-a-fixed-time-period-of-admission-and-an-extension-of-stay-procedure-for-nonimmigrant
- Department of Homeland Security — announcement on issuing final regulations: https://www.dhs.gov/news/2026/07/16/trump-administration-issues-final-rule-end-foreign-student-visa-abuse
- DHS Study in the States — key information on the new regulations: https://studyinthestates.dhs.gov/2026/07/dhs-publishes-final-rule-on-elimination-of-duration-of-status
This article is for informational purposes only and does not constitute legal advice. Each student’s situation depends on individual circumstances — consult the DSO advisor at your university or a licensed immigration attorney.
Author: Bartosz Karczmarski · July 25, 2026
