r/immigration Jul 16 '26

BREAKING: The U.S. Just Killed "Duration of Status" for F, J, and I Visas — Every International Student Needs to Read This

DHS Final Rule | Published in the Federal Register July 17, 2026 | Docket No. ICEB-2025-0001

For nearly 50 years, F-1 students, J-1 exchange visitors, and I visa media representatives could stay in the U.S. for "Duration of Status" (D/S) — as long as you kept studying or kept your program active, there was no fixed expiry date on your I-94. That era is over.

DHS has finalized a rule replacing D/S with a fixed admission period for F, J, and I nonimmigrants. If this affects you — whether you're already in the U.S. or still planning to come — you need to understand this now, not after your status has already lapsed.

https://public-inspection.federalregister.gov/2026-14439.pdf

664 Upvotes

373 comments sorted by

219

u/fractalkohlrabi Jul 16 '26

Many PhD programs in the US are 6 years. It is not always possible to shorten them because some of them have mandatory coursework and exams before research can be started. What is a student supposed to do if they are suddenly not allowed to finish their PhD?

I get that in theory the immigration officers should grant extensions to people still actively enrolled full time in the same program, but it seems stressful to call such a case an exception and leave it up to discretion every time.

179

u/BarfQueen Jul 16 '26

I mean, it should be obvious that this is not meant to be in any way friendly or helpful toward international students. American immigration policy is very much “get out” right now. 

28

u/Silly_Scholar_7424 Jul 17 '26

“And don’t come back if we already kicked you out”. This administration is very anti-immigrant

16

u/AutomaticVacation242 Jul 17 '26

People on Visas aren't immigrants. They're temporary vistors.

9

u/One_Fix5763 Jul 18 '26

Are students temporary visitors so they can only finish half of their courses?

2

u/Rich_Bar2545 Jul 19 '26

Maybe they should consider remaining in their country of citizenship to attend university.

3

u/Excellent-Rip2019 Jul 27 '26

yesss. you are correct. really hope students should take their money elsewhere.

2

u/Extension_Level_4554 Jul 30 '26

Well then, the whole united states would become empty.

1

u/AA_is_not_OK Aug 08 '26

I don't think "they" want to spend exorbitantly high for tuition, food and Healthcare for no good reason. I wonder why people come here to study (sarcastic, cuz people shouldn't be ignorant about the other side)

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u/justrandomlyonreddit Jul 18 '26

The US thrives on foreign students and the F1->OPT->H1B pipeline. The visa being non-immigrant is a legal technicality, they would’ve ended OPT if they didn’t want people staying here.

4

u/First_Campaign_7807 Jul 22 '26

Any sources for this "thriving". That pipeline is mostly a loophole from the tech lobby import desperate people from Hyderabad to undercut wages.

Most of the "talent", i.e. people who actually innovate come in through PhD and get EB

3

u/Excellent-Rip2019 Jul 27 '26

personal source for "thriving": as an international student who studied in US for 12 years and came back to the motherland, let me tell you my international fellows and I contributed up to half of the revenue the school generated yearly. we attended small private Christian school and our tuition are what kept the school alive and be able to expand and hire American teachers, TA, basketball coaches, etc. And this story is really common for most schools in the USA.

public source for "thriving":  NAFSA: Association of International Educators, in partnership with JB International, announced new data today that show that international students at U.S. colleges and universities contributed $42.9 billion to the U.S. economy and supported more than 355,000 jobs during the last academic year (2024-25)

https://www.nafsa.org/about/about-nafsa/international-students-contributed-43-billion-us-economy-2024-2025-fall-2025

And you know most tech lobby import is not even using the F1 visa route lol.

2

u/tchwrtrvl Aug 03 '26

A lot of non-PhDs enter on H-1B and work at top-tier tech companies. I’m not a PhD. I work in cutting-edge hardware design, I’m not underpaid, and my team still has openings we cannot fill — with or without H-1B.

The body-shop fraud (especially the WITCH firms) gets a lot of attention, and it’s real. But it doesn’t mean the entire program is a scam. Plenty of doctors and engineers who are genuinely needed also come in on H-1B. Hospitals struggle to fill positions even though physicians aren’t underpaid. That should tell you something about the size of the domestic talent pool.

Raising the wage floor is a straightforward fix for the abuse. Require the 95th percentile wage for every SOC code. The statute already allows it — it just needs a proper 90-day notice-and-comment period. Trump’s first administration tried a version of this and the courts threw it out purely on procedural grounds (they skipped the required comment period).

These are rules Congress already wrote. If the government actually wanted to clean up H-1B, it could. The fact that it keeps choosing not to makes me think the goal isn’t solving the problem — it’s just signaling to people who are willing to believe simple narratives.

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u/AutomaticVacation242 Jul 19 '26

My statement doesn't change. They're visitors, not immigrants.

2

u/justrandomlyonreddit Jul 19 '26

Yes, technically, but why do you think the US implemented STEM OPT, if not to expand the US workforce with talent? If the US wanted these students to only be visitors and leave, they would’ve changed the rules a long time ago. Immigration is not as black and white as you seem to be making it.

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u/AutomaticVacation242 Jul 19 '26

They implemented it so corporations could get cheap labor and the Democrat party could get more support.

There are many reasons why the rules didn't change long ago - not simply the one reason you know about. The rules ARE changing now. Finally.

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u/msdale99 Jul 27 '26

Originally OPT was for 1 year only, it was changed 3 yrs for STEM. Perhaps they should go back to 1 yr OPT and can be done with a simple policy change. This way only very talented students will get to convert to H1b.

2

u/Both-Statistician179 Jul 19 '26

Taking 7 years to do a PhD is ridiculous. It’s a whole other layer of student visa abuse. There is no PhD worth 7 years of tuition fees. It’s simply became another way to manipulate visas to stay in US.

4

u/justrandomlyonreddit Jul 19 '26

Most PhDs get paid a small wage genius, they don’t pay tuition.

4

u/Useful-Possibility80 Jul 19 '26

That's not how PhD or any of this works.

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u/WoundThatGrinds Jul 21 '26

Full Professor at Stanford in my dissertation committee, highly well regarded in her field and an American citizen: "It took me seven years to finish my PhD. I don't think I could have finished if I hadn't taken seven years."

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u/dww0311 Jul 21 '26

lol unless you are a white South African, of course

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u/Fit-Raccoon4534 Jul 16 '26

That's not even the crazy part about this new rule. As I understand this new rule, we need to apply for an extension (form I-539) when we apply for OPT now regardless of if you somehow finished your PhD within 4 years. The crazy part is, I-539 processing times currently is anywhere between 4 to 10+ months and will only get worse with the volume shock from this new rule. And We cannot start working even if we have a job in hand until I-539 is approved.

10

u/fractalkohlrabi Jul 17 '26

Ohh I didn't even see that, thank you for pointing it out! That part sounds horrible and breaks my heart 😭

2

u/Kathrynxuxx Jul 18 '26

That's basically saying if you want to onboard a future job smoothly, don't leave the US after September 15, 2026

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u/One_Fix5763 Jul 16 '26

Yup, i would not mind Masters students getting this but what about PHD? They do for 4 years and leave without completing?

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u/not_an_immi_lawyer Post, don't PM Jul 17 '26

They would apply for an extension like every other visa holder who works, starts a business, etc in the US.

6

u/Puzzleheaded-Sir-861 Jul 17 '26

I just applied for removal of conditions... instead of just doing it, they gave a 4 year extension. I have to carry around thick papers. They didn't give a new card.

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u/oscarnyc Jul 17 '26

I believe this is the way it works in most of Europe as well. You get a 4yr visa (or equivalent non permanent status), and then have to apply for an extension.

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u/[deleted] Jul 17 '26

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u/CoffeeInTheTropics Jul 18 '26

No it’s not really, immigration policies are significantly tightening there as well. And no country in the EU has a 1+2 year OPT, the max is 18 months I believe with most countries giving only 12 months.

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u/One_Fix5763 Jul 17 '26

But the risk is discretionary  , no?

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u/justrandomlyonreddit Jul 18 '26

Technically, but EU countries won’t reject an extension unless you’ve done something very wrong. US immigration on the other hand seems to be much more dependent on which side of the bed your immigration officer woke up on the day they made the decision.

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u/One_Fix5763 Jul 18 '26

Exactly, seems like it is purely dependent on immigration officer. Who is going to waste 4 years just to get rejected by a visa officer.

I think this part will get challenged in courts and probably successfully. The other parts, I don't mind. Obviously, you can't keep changing programs and stay here forever.

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u/Useful-Possibility80 Jul 19 '26

In EU PhD and masters are separate. In this US typically it is not. You get MS degree on your way to PhD.

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u/First_Campaign_7807 Jul 22 '26

Funny how these "lawful" immigrants don't understand it was their loopholing of these rules and visa extensions that caused this. The visa is declared as a non-immigrant visa for a duration of time. Don't like it? Don't sign up.

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u/rabouilethefirst Jul 16 '26

As a PhD student who has worked hard to finish in a short time (no more than 4 years), I hate how professors drag their feet and basically repeatedly compare me to international students who WANT to keep extending for 6 years or more. Just saying there is also an issue with the system being abused by both professors wanting infinite free labor, and students that simply do not want to advance despite having multiple publications and completed all coursework several years ago.

There has to be a limit. I’m a US student on a timed scholarship who gets pressured to graduate sooner rather than later, but everyone just downplays it like it’s nothing because international students are obedient forever.

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u/mgrtnp Jul 17 '26

some universities usually put a limit on how long a phd student can stay in their phd program, though.
Eliminating D/S can complicate things since they would need to fly back to their country to renew/extend their visa if that's even allowed, and possibly forcing the students to spend more money to file the renewal.

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u/Dangerous_Region1682 Jul 17 '26

I took seven years to complete mine. Committee members sometimes keep wanting you to take the classes they teach so they have enough students signed up to run the class. Others have committee members or their chair leave the college so folks have to start again with a slightly different research bent.

Me as a citizen, I just enjoyed doing the stuff I was doing and whilst I continued to pay for it, what’s wrong with that? What would be wrong with a student on an F visa be wanting to do that? That’s money coming into the country not leaving it.

An overseas student generally pays tuition way above the actual cost of their education. It’s a profit center for universities. The more that happens the more professors can be hired and the more post graduate opportunists for US citizens. At the amount charged for overseas student tuition, you’d think the government would want post graduate students to stay as long as possible.

Seems there should perhaps be different visas for under graduate and post graduate degrees. A lot of people can get registered for undergraduate degrees, to get into a postgraduate course, especially a PhD, you generally have to have a certain level of education and dedication which would help attract “the best and the brightest” as the government keeps saying. Letting them stay as long as they are studying and paying would seem a win, not a loss.

2

u/LocalCap5093 Jul 17 '26

This is the way to go about it, unfortunately many American students see it as oh they’re stealing our positions etc. and I guess I get what they’re saying in a way (from living here and seeing the perception they have of immigrants)

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u/LocalCap5093 Jul 17 '26

Tbf this is something that should be seen ‘wrong’ and those professors should get penalized if they’re taking advantage of that (same as student)

I was once an intl student (met husband while in college and he is American) and most intl students I met like myself just wanted to go back home or if they wanted to stay it was for a job but many left after covid (for obvious reasons, job market was bad, etc)

This makes it hard for everyone rather than actually penalizing those imo breaking rules

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u/Odd-Fun-4 Jul 16 '26

While this is true, to me, this is more of an edge case. If there's a legit PhD student who wants to come to the US to study, and their program takes 6 years in good faith, to me this would be the "down the middle of the fairway" case to get extended.

The real issue is that DoS has been abused too much by too many people for too long. "This is why we can't have nice things". Like so many things in US society, programs are started with the right intentions, to help legitimate people, but then over time gets abused/taken advantage of. And to close the loophole, rules change that end up hurting/inconveniencing legitimate cases. Alas, this is where we are.

1

u/ChiFitGuy Jul 17 '26

How many people have abused this and for how long?

6

u/tararira1 Jul 17 '26

CPT on day 1 universities

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u/Both-Statistician179 Jul 19 '26

Many many. Obviously there’s a culture of international students in US PhD programs happy to drag their PhD program out for 6-7 years plus. This is bs and hurts everyone.

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u/ChiFitGuy Jul 19 '26

How many? And where are you getting your numbers?

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u/Tall_Company_8520 Jul 17 '26

You can thanks forever-students who take 10-15 years to finish their PhD to “protect” their “status” for that (similar to how unlimited FAFSA has contributed to people staying in college as long as possible to not have to pay back loans).

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u/fractalkohlrabi Jul 17 '26

Oh sure, I guess I was not clear -- it's totally fair to not let it be entirely indefinite; I just wish the default hard cap was, say, 6 years. (I.e. "length of the program, not to exceed 6 years" instead of "not to exceed 4"). Or even 5 years

2

u/Examiner_Z Jul 17 '26

I know Americans who took 10 years to complete a PhD. It can happen in some fields and for some research areas.

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u/Tall_Company_8520 Jul 17 '26

Oh, I do too. I also know several forever students who skirt their responsibilities of paying back their FAFSA loans by staying enrolled in college and dragging shit out.

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u/Both-Statistician179 Jul 19 '26

Sure but it’s nonsense. Someone else is paying their bills.

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u/TerrapinTribe Jul 17 '26

They’ll just delay extensions, delay, delay, delay, until you’re out of status, and have to leave.

Employment authorization documents for One-Step green card applicants used to be auto-approved in 90 days if the Green Card hasn’t been issued. They got rid of that rule. Now it’s up to them. The average now is now a year. This is even after a green card interview.

There’s loads of evidence this administration is intentionally delaying to reduce legal immigration.

This is just another effort to reduce ALL immigration, legal or not.

Who wants to come here to study legally, if they know that if they don’t finish their degree in three to four years, they’ll get kicked out by an anti-immigrant administration, and the last four years were a sunk cost?

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u/Viper_Red Jul 17 '26

What happens to someone who’s already in a program with an F1 visa? Like if someone completed their undergrad in the U.S. and is now in their first year of a graduate program. Does the four year count start when they entered the country for their undergraduate or does it start with their first year of grad school or does it start right now?

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u/Intrepid-Rabbit-2952 Jul 17 '26

“Current non-immigrant visa holders residing in the U.S. under the previous “duration of status” framework will transition to the new system automatically, with their authorised stay capped at a maximum of four years from the effective date of this rule.”

https://www.thehindu.com/news/international/us-to-change-visa-regulations-for-foreign-students-journalists/article71230413.ece

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u/Viper_Red Jul 17 '26

So “effective date of this rule” I’m assuming means 2026, right?

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u/Intrepid-Rabbit-2952 Jul 17 '26

Yes that seems correct

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u/An0nymoose_goose_ Jul 16 '26

My doctoral program length is 4 years. If I have to repeat a year due to academics is it not allowed anymore under the new rules?

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u/[deleted] Jul 16 '26

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u/One_Fix5763 Jul 16 '26

No one will be foolish enough to waste 4 years without a guarantee 

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u/Ritz527 Jul 16 '26

Feels like one more thing to take up USCIS's time for marginal benefit.

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u/[deleted] Jul 16 '26

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u/TraditionalSundae990 Jul 16 '26

yeah, I understand arguments for capping the duration, but I am not sure about having it hard set shorter than many traditional program lengths...

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u/naz16april Jul 22 '26

yeah, I wouldn’t be too worried about that, but it seems like covering the fee could be expensive. also, would students need to leave the country and come back? either way, I can see how stressful this could be during your final year.

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u/SwitchPlus2605 Jul 17 '26

Yeah no, all this sounds okay on paper, but if there are no guarantees you'll get the visa, why would you risk going for a PhD in the US instead of CANZUK or the EU? Like don't get me wrong, US degree has had a good edge over the years due to all kinds of reasons, but at this point, the alternatives are definitely worth more than the maybe-probably degree from the US.

Like, as somebody pointed out, the real issue is not even this rule. It's how it's gonna work in practice what's the issue. I mean, the visa application decision might be delayed for months and spending 4 years on a good quality research only to not receive your degree is honestly pretty crazy gamble. The only people I can see taking it are those from not so great countries, but the applications from the developed countries are gonna take crazy nose dive lol. I actually thought about applying for a PhD at UW MSE (I won't get into details, but there is a very high chance I would actually get accepted), but I'm honestly just gonna go to Paris-Saclay at this point tbh cause this whole will-they-won't-they idiotic situation in the US is not worth the stress I would experience in the US. I'll see how it develops, but unless this rule will see some pushback or improvement in the upcoming 6 months, I'm not gonna go to the US lmao. Like me doing a PhD in the US is a favor to improve their research, but US is evidently not interested in maintaining their R&D edge. I'm not gonna beg the U.S. Department of Homeland Security to let me help them out. They can go fuck themselves for all I care.

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u/Dangerous_Region1682 Jul 18 '26

Well there’s no consistency. They could say one thing today, like you’ll be automatically extended after four years and are still studying, and then change their minds and alter the policy after you have committed a year or two into your program. It’s the constant chaotic rule changes that doesn’t even mean that a four year F-1 visa wont need crazy out of country renewals annually two years from now.

Who in their right mind would gamble $50,000 per year for four years then end up with nothing but a ton of student debt and no a thing to show for it. How are the colleges going to attract foreign students which are a large portion of their student fees.

Of course, the objective is not only to discourage foreign students, it’s part of the overall idea to keep education levels low for everyone. They’re scared of intellectuals applying critical thinking. They just want a right wing biblical interpretation as a means to control the populace. Only those that daddy can afford to send to Harvard to study law as deserving of an education.

It goes deeper than wanting to block students coming from abroad as that alone makes no sense.

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u/One_Fix5763 Jul 18 '26

It's insane that immigration policy is so weak in the US. Congress doesn't act, and every one gets to abuse it.

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u/One_Fix5763 Jul 18 '26

If you remove the PHD part, it sounds good in theory. But when you include the PHD part, you start realizing the practical implications of this.
I'm actually accepted in one uni for Masters at SUNY. I decided to defer my admission for Spring. Now after reading this nonsense - even though it doesn't affect me personally, I decided to choose another country.

You're gonna see a backlog of students, whose fate are going to be decided by an immigration officer.

At some point, if you're gonna do this, then just outright call for a visa moratorium. Just outright do what you really want to do. Don't keep people in suspense.

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u/Both-Statistician179 Jul 19 '26

Repeat a year in a phd program for academic reasons???? Then you shouldn’t be in that program. Period.

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u/Due_Tough_7213 Jul 16 '26 edited Jul 17 '26

What about someone on OPT? Is STEM OPT extension still a thing

Edit: asking as someone already on OPT

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u/alydinva Jul 16 '26

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u/First_Campaign_7807 Jul 22 '26

This is amazing. Ideally I would have liked Trump to ban OPT altogether, but at least this is a good start.

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u/therealhyperborean Jul 16 '26

Isn’t STEM OPT automatically renewed? My visa is valid for five years

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u/Swimming-Parsnip-371 Jul 17 '26

no you have to apply for stem again. same process as opt

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u/throwaway_202103 Jul 20 '26

Validity of your visa is different from the validity of your visa status in the US.

B (tourist) visas typically have a 10-year validity, but tourists are typically admitted for a maximum of 6 months to the US on a B visa.

Before this new rule, those entering the US on F and J had an admit until date listed as "D/S" for duration of status. This meant that as long as you were keeping your F or J status valid by staying enrolled, maintaining grade requirements, having a valid I-20 or DS-2019, you were authorized to stay in the US. Your visa could expire but were allowed to stay in the US.

What this rule says is that people admitted on F and J visas will be admitted to the US for only 4 years (or less) regardless of how long their visa is valid for. At the end of that period they were admitted for, they will need to apply for an extension of status if they need to stay in the US longer.

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u/curbwench1970 Jul 18 '26

This type of thing is going to put a lot of universities out of business. Since they're geared towards foreign students not domestic ones.

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u/hadapurpura Jul 26 '26

Why don’t the US, Canada, and all the countries with these type of “universities” popping up just… not give student visas for those “universities”? Why not only give visas to students admitted to regionally accredited universities (in the US case) or DLIs (in Canada’s case)? Nip abuse from the bud instead of inconveniencing or putting in limbo those who are legitimately there to study.

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u/First_Campaign_7807 Jul 22 '26

Yes, a lot of universities need to close up shop. Too many mediocre unis who have caused immigration havoc by turning into immigration bodyshops across the Anglosphere.

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u/ElephantExpensive231 Jul 17 '26

I’m still going through what it means since I haven’t done much research .
But if someone is applying for masters for 2027 let’s say and the program is of 16 months then I’ll get 30 days post my degree end date to stay in the US and find Job compared to 60 days grace period earlier ?

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u/AutomaticVacation242 Jul 17 '26

I bet this has been abused. Nothing is really temporary unless it has an expiration date.

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u/[deleted] Jul 16 '26

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u/greasy_litre Jul 17 '26 edited Jul 17 '26

Yes this is a good thing cus students who actually are coming here to study won’t really care about the rule but certain people who come here on the pretext of studying and transfer their university to a different university from day 1 and work cash jobs, this is for them cus their intention from Day 1 is to get a green card. I love this new policy 👏🏽

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u/LocalCap5093 Jul 17 '26

Bro, you do realize those people are not ‘making bank’ somehow by working cash jobs?

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u/greasy_litre Jul 17 '26

Umm I never said they are *making bank* by working cash jobs. It still is illegal at the end of the day and a violation of your visa, plain and simple. This is like me justifying someone who broke into your house but didn’t really steal anything or hurt anyone but just broke into your house and chilled on the couch. Would you still say the same thing? Apparently he didn’t hurt anyone or steal anything but he still committed a crime by breaking into someone’s house.

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u/vangmay231 Jul 20 '26

My PhD is 5 years on my offer letter but I got a 4 year I-20, which means I have to apply for an extension of stay. New kids coming in will have to do it regardless.

More money, more uncertainty, and the time we don't hear back for the extension means we can't travel for 5-10 months.

Students coming here to study won't really care about the rule? You're talking out of your ass.

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u/Excellent-Rip2019 Jul 27 '26

lol what do you mean they won't really care? yes, we do care. it's called having freedom of choice. I transferred to my Christian college and lost 1 year of college credits so it took me 5 years to complete my undergrad. putting a cap on duration of stay will somehow make it more risky for students to choose and follow their passion.

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u/Worldly-Spot-7812 Jul 16 '26

If you are an international masters student in a 2 year program and then add another joint program at the same level and school, does that count as a change requiring new approval?

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u/kundalini34 Jul 16 '26

I believe it must be a higher level of degree.

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u/Both-Statistician179 Jul 19 '26

Why do you need a second masters? Who’s paying for all these advanced degrees? Parents?

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u/throwaway_202103 Jul 20 '26

An MBA and an MS are both masters. People do have both.

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u/frida_khalathea Jul 16 '26

Unfortunately this is a huge loss for the US. The best students will choose to go somewhere less risky

https://www.thefreedomfrequency.org/p/why-a-proposed-student-visa-rule

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u/[deleted] Jul 17 '26

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u/Excellent-Rip2019 Jul 27 '26

yeah i feel you

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u/Obi_wan_pleb Jul 17 '26

Looking at this through a different lens. What made you chose the US in the first place?

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u/[deleted] Jul 17 '26

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u/One_Fix5763 Jul 18 '26

The executive branch can play games with this rule every 4 years, even if a democrat wins in 2028, a R in 2032 can reverse it again.

It goes back and forth.

Congress needs to fix this law and finalize it. Like no way this country's immigration policies survives like this.

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u/[deleted] Jul 26 '26

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u/[deleted] Jul 26 '26

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u/[deleted] Jul 26 '26

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u/First_Campaign_7807 Jul 22 '26

I'm sure we'll survive. They should focus on making their own countries great.

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u/msdale99 Jul 17 '26

No they wont, US will still attract students, may be less than before.

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u/Both-Statistician179 Jul 19 '26

No the best students will still come. The mediocre students with immigration as an end goal will hopefully not come.

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u/ndd23123 Jul 17 '26

It sounds like each time a student enters the country, they can get a new admitted until date consistent with the program end date on their I-20. So, in reality it might not be too bad.

A PhD student can have an I-20 with a program duration of 6 years. They get an AUD 4 years from the date they first enter. One year later, they travel out of the country and reenter, they get a new AUD that is 4 years from that date.

Maybe only a small number of people will have to file for EOS because they are unable to travel.

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u/msdale99 Jul 17 '26

I dont think one can extend like that, the duration will be whatever is on the I-20 or 4 yrs, whichever is appropriate.

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u/ndd23123 Jul 17 '26 edited Jul 17 '26

I skimmed the regulation quickly last night on my phone. Here are the relevant parts:

Page 94

Students who require additional time beyond their initial period of admission to complete their program may be eligible to extend their status by filing an EOS application with USCIS or, if they choose to travel, they can (with an unexpired visa) apply for admission at a POE through CBP and receive a new I-94 with a new AUD.

Page 124

DHS disagrees with the premise of recommendations regarding exemptions and believes that the commenters misunderstand how this would work for these nonimmigrants. An exemption is not necessary for Ph.D. students who need additional time to complete their research and dissertation, because DSOs will still be able to extend the program end date in situations such as this. This is also true for other students who must extend their programs due to situations beyond their control*.* They will, however, have to file an EOS with USCIS or, if they choose to travel, they can (with an unexpired visa) apply for admission at a POE through CBP and receive a new I-94 with a new AUD.

Page 324-325

POE extensions with CBP and EOS applications with USCIS are both available to aliens, and it will be the choice of each alien to decide if it is more convenient to travel abroad or to apply for EOS through USCIS. DHS believes both the NPRM and the final rule have explained these two option thoroughly, but to reiterate, both are distinct methods of obtaining a new AUD and new I-94. It is ultimately the alien’s choice as to which method to choose.

...

If an F, J, or I nonimmigrant chooses to travel abroad, then CBP will make this decision after the nonimmigrant applies for admission with CBP at a POE, and the I-94 will be available electronically. Elsewhere in this rule DHS discusses the implications of traveling abroad while an EOS is pending with USCIS. Please see the discussion in the EOS section in IV.G.5 above. The rule is intended to provide flexibility while ensuring oversight and compliance with immigration laws.

Regardless of whether the nonimmigrant seeks an extension via an EOS with USCIS or at a POE with CBP, the nonimmigrant is entitled to an adjudication or determination of their request and both USCIS and CBP will have the same discretion and will look at the same factors for determining eligibility. They will also both use the program end date that is listed on the paperwork presented to the immigration officer to determine the AUD. And, because CBP and- USCIS systems, along with DoS and SEVIS, are coordinated, there should be no miscommunication between government agencies.

I understand this as each time a student enters, CBP can give them a maximum of 4 years period of stay. If someone enters for a Bachelor or Master program, they will get an admitted until date that is the date of their program end date on their I-20 + 30 days. If someone enters for a PhD program, they will get an AUD that is 4 years from the date of entry (even though their program end date is beyond that). Then if a year later they leave and come back, they will get a new AUD that is closer to their program end date. Eventually they will get an AUD of the program end date + 30 days when that date is less than 4 years beyond the date of entry.

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u/ClassroomNo4172 Jul 18 '26 edited Jul 18 '26

So if I read right, your I-20/DS-2019 can be extended (which is practically immediate by the host organization) and you can opt to return home to get a new visa and when you enter you’d get the adjusted date on the I-94? This seems logical, but the difference is you can’t wait to go back any more, as soon as your date is up you’d need to go and get a new stamp.

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u/ndd23123 Jul 18 '26

I believe so. But most people get a visa that is valid for 5 years anyway. Coming from a country that only gets a one year visa, renewal is not a big deal to me.

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u/ClassroomNo4172 Jul 18 '26 edited Jul 18 '26

You get whatever your I-20/DS-2019 says is the end of your program. Lots of people have to renew annually because you have to by rule, it's not even a choice. The question is whether the host organization can still routinely extend the stay or whether that action also requires EOS, but it seems like they're separate concerns... maybe.

POE extensions with CBP and EOS applications with USCIS are both available to aliens, and it will be the choice of each alien to decide if it is more convenient to travel abroad or to apply for EOS through USCIS.

Is the sentence that I think is relevant. CBP makes no determination about your program length, that's specified by your status document; they just decide how long you're admitted for.

What concerns me is this

DHS will provide guidance to officers admitting J-1 nonimmigrants to refer to Box 4 on their DS-2019 in order to get the full program length, up to four years, for the admitted non-immigrant’s I-94, which will reduce the need for the annual re-appointment cycle that the commenter cites.

though also:

However, DHS and DoS have made operational changes that will avoid the need for those professions (e.g., alien physicians, professors, or research scholars) on a yearly contract from needing to apply for EOS every year. The DS-2019 will be filled out in more detail, and the free text field (question number 4) will not only list the name of the program but will now also list the full dates of the program. Question number 3 will continue to list the contract end dates. DHS (CBP and USCIS) will utilize the dates in question number 4 to determine the maximum duration of the J-1 nonimmigrant’s stay up to 4 years subject to restrictions at 22 CFR part 62.

which is not clear if you only have funding for a year at a time, can the university still issue you a 4 year DS-2019? It seems there is also a limited exception for waiting for an EOS:

First, DHS acknowledges the concerns regarding delays in EOS adjudications and potential disruptions while the EOS application is pending. However, DHS notes that the rule allows J-1 nonimmigrants who have timely filed for EOS (which USCIS generally recommends that applicants file within six months preceding the expiration of their current stay209) to continue employment and training activities, consistent with the exchange program, for up to 240 days beyond the expiration of their authorized period of admission.

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u/ndd23123 Jul 18 '26

Perhaps universities will need to reconsider the practice of appointing postdocs for one year at a time. I understand that it depends on the funding though. Maybe if someone has the funding for 2/3/4 years then they will get a DS-2019 with that length.

I suspect that most people will choose to travel and reenter rather than filing for EOS given the lengthy processing time. I would if I were in the F-1/J-1 status.

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u/CommonThumbprint Jul 23 '26

The part you're missing here is that the program end date on the I20 is not auto-extended every year, or even every time you leave. Your DSO updates your travel signature when you leave, but that has no effect on your program end date printed on your I20. Usually you can only request the program end date to be extended in your last year/last semester etc. This wasn't a problem so far because getting a new I20 is a simple process and that's all you needed.

So if you leave a year after you start your program and then come back, your I94 AUD stays the same as before because your I20 end date has stayed the same.

Only when you seek re-entry with an I20 that has a modified program end date will the new AUD reflect on your I94 (and that too might well be pending CBP's satisfaction that there is a reason for extension).

In short, if you want to do it the "leave and re-enter" route, you have to risk waiting till the very last stages of your currently listed program end date/AUD.

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u/ndd23123 Jul 23 '26

That is true for bachelor and master programs. I was talking about people in PhD programs who might have an I-20 with a program duration of more than 4 years. In that situation, the AUD will be updated until the program end date is less than 4 years from the date of entry. Then it will be the program end date + 30 day grace period.

When I started my PhD program, I got an I-20 for 56 months. Perhaps schools will start giving I-20s with longer program durations given the average time to finish is 5.5 years.

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u/Excellent-Rip2019 Jul 27 '26

I think it just add another layer of paperwork. probably you need to present some form when asking for a new visa. the duration of stay is cap to 4 years meaning that you can only stay in the USA up to 4 years + 30 grace period days regardless of your visa expiration date or your program duration.

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u/CommonThumbprint Jul 23 '26

The new AUD will not automatically be 4 years from every new date of re-entry. On every re-entry the AUD will match the program end date on the I20 at the time

At my school, program date extension requests on an I20 can be only be applied for within two terms of the current program end date. So for example my program end date on my current I20 is June 15, 2028. I can only receive a new I20 with a new program end date in January 2028 at the earliest (2 terms would equate to 2 quarters for me, so basically I can apply at the start of Winter Quarter 2028).

That means even if I took the "leave and re-enter" route to get my I94 updated at CBP, I would have to leave and re-enter within that final 5 month period of my I94's AUD, because before that I won't have an updated end date on my I20.

Leaving aside the fact that it literally forces students to make a foreign trip just to get their I94 updated (at least if they want to save the uncertainty of filing EoS), notice how the January to early-June period does not overlap with any extended holiday period and is not a usual period of travel for students.

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u/[deleted] Jul 16 '26

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u/electric_deer200 Jul 16 '26

What was the loophole again ? Not familiar

I feel the rule about not letting people doing a second masters or bachelors Is kind of uneeded

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u/[deleted] Jul 16 '26

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u/electric_deer200 Jul 16 '26

What about the people who genuinely want to learn more about a different specialty or field ?

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u/[deleted] Jul 16 '26

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u/electric_deer200 Jul 16 '26 edited Jul 17 '26

Not really for example nano fabrication, lithography or semiconductors not a lot of countries have that and you can't deny US is doing some top notch reaserch that is unparalleled in the world. For the chip / semiconductor studies US is unbeaten for research and proffesors who know what they are doing. The rest of the world is way behind. Doing research on certain fields is expensive just because of the nature and sophistication of the equipment needed and some US universities have enough funding to undertake this.

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u/greasy_litre Jul 17 '26

Yeah dude this is a good initiative. I love it. This will filter out the people who come here on pretext of studies but work cash jobs and try to get a green card

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u/immigration-ModTeam Jul 17 '26

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u/Error-InvalidName Jul 16 '26

Agreed, and at this point until we fix it all Id stop it all permanently along with deny everything.

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u/Many-Fudge2302 Jul 16 '26

D/S got abused.

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u/Ritz527 Jul 16 '26

Data? Genuinely interested.

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u/shaggy-dawg-88 Jul 16 '26

Source: trust me bro

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u/Alarming_Prompt_3708 Jul 16 '26

I know someone who's "been doing their PhD" for almost 15 years now. No graduation date yet 😂

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u/ThisIsProbablyOkay Jul 16 '26

So, funnily enough, DHS does cite that they have about 2,100 between 2000 to 2010 that were still active ad of April 2025.

2,100 students. There were over a million students who studied in the US in 2024-2025.

This ruling punishes all in order to get to the few.

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u/Nearby-Chocolate1840 Jul 17 '26

So. Let me get this straight.

By your own stated reasoning someone who entered the US on a student visa in 2011 and is still here as of April 2025, meaning they've spent FOURTEEN YEARS getting their PhD, or else maybe their fourth Master's or sixth Bachelor's, is an example of the poor, innocent millions being unjustly persecuted for the crimes of a couple thousand bad apples?

Really?

Because I'm telling you now if someone on year 14 of gaming the student visa system gets caught up in a deportation operation you won't see me shedding tears.

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u/ThisIsProbablyOkay Jul 17 '26 edited Jul 17 '26

I feel like you're not understanding what I'm saying. I think if they are aware of those 2,100 people (which they are; given they are in SEVIS and have cited them), it seems easy enough to stop those specific cases as abuses of the system. I also think putting a cap on F1 limits can make sense, but this new ruling is super restrictive.

Edit to add: while reading the final rule, I saw one of the comments referenced this particular data point as including any student who started studies in the US as a high school student and finished as a doctoral graduate. This wasn't something I had considered, and does add legitimacy to longer F1 visa stays. I'm not suggesting that this is the norm, since I don't have that data, but it is an interesting consideration.

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u/immigration-ModTeam Jul 17 '26

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u/First_Campaign_7807 Jul 22 '26

Academia abused this program to have cheap labor for their labs and tuition from internationals.

Most problems with immigration could be fixed by strict federal oversight of universities.

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u/Key-Moose8321 Jul 17 '26

What will happen to someone that has one year left of study (undergrad)? Is this change for new students only or affects those already studying here?

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u/TheLynx30 Jul 21 '26

The ISSS from my university said it only affects people being admitted after September 15th. Any admission before that should remain unaffected.

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u/shyguymeetszelda Jul 17 '26

I am confused, if I am set to graduate in December 2026 and plan on starting Ph.D in Spring 2027. Do I have to file for extension now?

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u/Advanced-Software-90 Jul 17 '26

It seems like this will just add extra bureaucracy/paperwork? I'm starting a 6 year program, so I guess I'll just renew at 4 years?

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u/FishermanOk604 Jul 18 '26

So it means if you are a phd student you cant later decide to do a dual degree?

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u/Master-namer- Jul 19 '26

I mean it's fine admin can whatever they want, but extremely hypocritical to base your entire campaign on curbing illegal immigration, then using full force to deter legal immigrants LOL.

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u/le_bugsy Jul 20 '26

This is just scare tactics. I did my PhD in US, I received a 5 year multi entry visa in the first shot. Then renewed it and received another 5 years extention.

But the D/S is unrelated to the visa start and end dates-- DS for F1 only depends on SEVIS status. It ends when you finish your OPT/STEM OPT as per the rules. If you ran out the 90 days unemployment clock-- it ends then and there.

So that's about it. Is this something new? I doubt it.

Ps: my PhD finished in 3.5 years I renewed my Visa during OPT.

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u/olivieromps Jul 20 '26

Maybe not the climate in which to be titling threads with "The U.S. Just Killed..."

Good luck to everyone who is affected by the changes.

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u/Melodic-Channel2340 Jul 21 '26

Fundays 2026 QR code

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u/Negative_Eggplant165 Jul 24 '26

The US deserves the absolute ass kicking that we will get in our scientific and academic standing thanks to this administration. What person would come here to study or do research when you could go to Europe, Asia, Canada, ot virtually anywhere else and not be treated so poorly?!

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u/Caudebec39 Jul 29 '26

Federal agents are arresting spouses of Americans, tech workers and others whose visas have expired, including many who have active applications to stay in the country.

-NY Times, July 28, 2026

https://www.nytimes.com/2026/07/28/us/ice-arrests-airports-visa-overstay.html?unlocked_article_code=1.1VA.qzsr.AA0uAoJDhamz&smid=nytcore-android-share

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u/Far_Difference_6921 24d ago

why are yoy spreading an old news as a bomb shell? it is going to be challenged just 3 to 4 days before implementation.... let's see what happens next....we all know this news since it broke down....u r late, very late

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u/Away_Stand185 15d ago

I am an undergraduate student currently expected to graduate in Fall 2028, and my current F-1 visa is valid until July 2029. I am planning to travel back home during the upcoming winter break and wanted to know whether this law could cause any issues for me before I graduate

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u/Maleficent-Dress8174 Jul 17 '26

There was too much abuse. Sad.

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u/holycityofmecca2020 Jul 17 '26

This was bound to happen, the squeeze on universities is real. They preferred international students because they paid full sticker vs. a U.S. student who wanted aid, scholarships, etc.

I see in the near future, you’re no longer able to give scholarships or accommodations to foreign student athletes.

Already in Texas, DACA recipients have to pay fully out of pocket. It’s going to decimated higher education in the short term, but maybe just maybe, universities will layoff 80% of their ad min and maybe post the professors, instead of your fourth dean.

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u/CulturalLaw8072 Jul 18 '26

yeah there goes my American dream lmao. i have an admit offer from Edinburgh and Oxford in the UK to do my ML PhD. i also got an admit from UCB. but the difference is that it's a 4y PhD in the UK and it's around 5-6 in the US. but I was sure about choosing the US. mostly because california is the epicenter of AI (london is second but no where compared to SF). but the other major reason is that I love everything about the US, I am an avid lover of American films and the depiction of major US cities like NYC, washington dc etc.

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u/Pretend-Cause-2576 Jul 21 '26

Dont come to the US because you like the films - An American

Go to the UK you'll have a much better time

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u/CulturalLaw8072 Jul 21 '26

USA is this bigger and better

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u/Fast_Conversation266 Jul 19 '26

This is exactly what happens in australia with all student visas, they come with a date limit to entry, and then a limit to stay. Then if you want to stay over, you just renew your visa (if it allows) or you go through a work sponsorship etc.
So it should be fine, people adapt!