Harvard warns international students to plan US return before new four-year visa limit begins

Harvard University is advising international students and scholars enrolled in on-campus programmes this fall to try to be in the United States by September 15, when new Department of Homeland Security rules imposing four-year limits and other restrictions on student visa status take effect.

The Harvard International Office (HIO) recommendation covers F-1 international students as well as F-1 and J-1 students and J-1 scholars. The timing matters because the new rules will apply differently depending on whether a visa holder is already in the US when they take effect or enters the country afterwards.

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Why Harvard is asking students to return by September 15

Students and scholars who are in the US when the rules take effect will generally be allowed to remain without separately applying for an extension until the later of their programme end date or the expiry of their post-completion work authorisation, subject to a maximum period of four years.

However, current students and scholars who leave the US and re-enter after September 15 will become subject to the new rules when they return, according to the HIO guidance.

That distinction could make international travel more complicated for students already studying in the US.

Students and scholars who are in the country when the rule takes effect will also retain the existing grace periods: 60 days for F-1 visa holders and 30 days for J-1 visa holders. Under the new system, the F-1 grace period will be cut to 30 days.

What changes for students entering after September 15

Students and scholars who enter or re-enter the US after the rules take effect could see the “Admit Until Date” on their I-94 record tied to the end date of their programme, HIO said. This could affect how they obtain extensions in the future.

The changes mark a shift from the existing “duration of status” system.

Currently, international students can generally extend their programme dates through their universities without separately asking US Citizenship and Immigration Services (USCIS) to extend their stay.

Under the new rules, students who need to remain in the US beyond their authorised admission period will have to apply to USCIS for an extension.

The rules will also restrict students' ability to transfer between institutions or change their course of study.

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Harvard says questions remain

The changes have created uncertainty over how the rules will work in practice, particularly for international students planning to travel outside the US.

“We understand that the rule change, and the lack of clarity surrounding it, has been confusing and unsettling for all of us across higher education,” HIO said in its guidance.

“We are fielding many questions, and over the last several weeks have continued to gather more information through our work with national higher education associations, but it is possible we may not have clarity around some of those questions by the effective date of September 15, 2026,” it added.

New visa rules face court challenge

The rules are also facing a legal challenge from a coalition of higher education organisations and labour unions, which filed a lawsuit seeking to stop them from taking effect.

The plaintiffs have asked a federal judge for a preliminary injunction that would temporarily block implementation while the case proceeds. No such injunction has yet been granted.

Harvard is indirectly involved in the case because it is a member of two plaintiff organisations: the Presidents’ Alliance on Higher Education and Immigration and the Association of Independent Colleges and Universities in Massachusetts.

“The outcome of litigation is uncertain (as it is with any litigation at this stage); we will monitor this case as it moves through the legal process and will communicate any impact on the rule change or our guidance,” HIO said.

The lawsuit argues that DHS failed to adequately justify replacing the existing system despite widespread opposition to the proposal. More than 20,000 public comments were submitted after the rule was proposed in August 2025, including comments from universities, students, journalists, unions and members of Congress.

“DHS has failed to identify any concrete, systemic problem with the existing duration of status system that would justify a complete regulatory overhaul affecting more than two million nonimmigrants annually,” lawyers for the plaintiffs said in their complaint.

They also argue that the changes could make it harder for US universities to attract and retain international students.