US Midterm elections 2026: Could the results change how long Indian students can stay in America?

This year’s US Midterm elections have much more implications beyond American politics. For thousands of Indians studying in the country, the outcome could simply influence an ongoing debate over how long international students can remain in the US, extend their studies and move into employment after graduation.

At the centre of this debate is a proposed change to the F-1 student visa system. The US Department of Homeland Security (DHS) has moved to replace the existing 'duration of status' arrangement with fixed periods of admission. The change could make it necessary for international students to seek permission to extend their stay if their academic programmes take longer than initially planned.

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The issue is particularly relevant to Indian students. According to the Institute of International Education's (IIE) Open Doors report, 363,019 Indian students were enrolled in US institutions during the 2024-25 academic year, making India the largest source of international students in the country.

What the number says

The debate comes at a time when the number of Indian students in the US is declining. Data from the US Department of Homeland Security's Student and Exchange Visitor Information System (SEVIS) show that the number of active Indian student records fell to 316,893 in October 2026, from 366,258 in October 2025, a decline of 13.5 per cent. The total number of active international student records also fell, from 1,283,240 to 1,192,572 during the same period, a decrease of approximately 7.1 per cent. India, however, remained the largest source country for international students in the US.

The decline was particularly sharp among Indian students pursuing master's degrees. Their numbers fell from 292,929 in October 2025 to 234,034 in October 2026, a drop of approximately 20.1 per cent. In contrast, the number of Indian doctoral students increased from 28,609 to 41,729, indicating a rise of approximately 45.9 per cent. These SEVIS figures represent active student records, including students on Optional Practical Training (OPT), rather than annual university enrolment.

Other data also point to changing enrolment patterns. The Institute of International Education's (IIE) Fall 2025 Snapshot on International Student Enrolment, based on a survey of more than 825 US higher education institutions, found that overall international student enrolment declined by 1 per cent in the 2025-26 academic year. New international student enrolments fell by 17 per cent, while graduate enrolment declined by 12 per cent. Undergraduate enrolment, however, increased by 2 per cent. The report also recorded a 14 per cent increase in international students participating in OPT. Visa application concerns were cited as a contributing factor by 96 per cent of institutions that reported a decline in new international enrolments. India remained an important recruitment market, with 57 per cent of surveyed institutions identifying it as a priority for graduate student recruitment.

Indian government figures provide another indication of the trend. In an April 2026 parliamentary reply, the Ministry of External Affairs reported that 352,644 Indian students were studying in the US in February 2026, compared with 378,787 in February 2025, a decline of approximately 6.9 per cent. These figures come from a different reporting period and measurement system from SEVIS data and should not be directly compared.

What is changing in the student visa system?

Under the existing duration of status system, F-1 students can generally remain in the US for as long as they maintain their student status and meet immigration requirements. Their authorised stay is linked to their academic programme rather than a fixed admission expiry date.

However, a DHS final rule published on July 17, 2026, proposed replacing this arrangement with a fixed period of admission. Under the new framework, students would generally be admitted for the length of their programme, subject to a maximum of four years, with additional time for arrival and departure.

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Students needing more time could apply for an extension of stay. This could affect those pursuing longer research programmes, changing courses or taking additional time to complete their degrees.

The rule was scheduled to take effect on September 15. However, a federal court postponed its implementation on September 14 while legal proceedings continue. Therefore, the existing duration of status system remains in place for now. The proposed changes have not been permanently cancelled.

Why Indian students should pay attention

The issue goes beyond how long students can remain in the country while studying. It also concerns the transition from education to employment.

Many Indian graduates use Optional Practical Training (OPT) to gain work experience in the US after completing their courses. Eligible F-1 students can generally receive up to 12 months of OPT. Those with qualifying science, technology, engineering and mathematics (STEM) degrees can apply for an additional 24-month extension, subject to eligibility requirements.

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This gives graduates an opportunity to work in a field related to their studies and gain experience before seeking longer-term employment opportunities.

For some, the next step is an H-1B visa, which allows US employers to hire foreign workers in specialised occupations. However, moving from F-1 status to OPT and then H-1B is not automatic. Each stage has separate eligibility requirements and immigration procedures.

Any change to the period for which students can remain in the country could therefore add another consideration to their academic and employment plans.

What do the midterm elections have to do with it?

The elections will determine which party controls the US House of Representatives and Senate for the next two years. Both chambers play a role in passing legislation and scrutinising federal policies.

The student visa rule has already become a subject of congressional disagreement. In September 2026, Democratic Senator Dick Durbin and other lawmakers introduced Senate Joint Resolution 213, seeking congressional disapproval of the DHS rule under the Congressional Review Act.

The resolution was subsequently placed on the Senate legislative calendar. It seeks to overturn the rule, but its introduction does not mean that the changes have been cancelled. The court-ordered pause remains a separate development.

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If the balance of power changes after the midterms, lawmakers could have a different opportunity to pursue the resolution, question the administration's immigration decisions or introduce legislation. However, a change in congressional control would not automatically reverse the rule. Any legislative action would still need to follow the required process.