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F-1 Visa & H-1B in Trump 2.0 (October 2025 Update)

What International Students and Employers Need to Know

With President Trump’s return to office and inauguration scheduled for January 20, 2025, international students, recent graduates, and U.S. employers face the most sweeping immigration-policy shift since 2017. The incoming Trump administration, following the recent election, is set to implement these significant changes.

A new presidential proclamation imposing a $100,000 payment requirement for H-1B petitions, coupled with the revived proposal to end “duration of status” (D/S) for F-1 and J-1 students, signals a dramatic tightening of student and worker pathways as the administration enacts new immigration policies.

At the same time, visa-interview delays and administrative processing backlogs are worsening worldwide.

International students are increasingly worried, with fears and visa concerns about the implications of proposed visa durations that would limit their stay based on their course of study. Additionally, students from countries with visa overstay rates over 10 percent may also only receive two-year visas, reflecting potential changes under Trump’s proposals.

This comprehensive guide breaks down every major change—complete with embedded official sources—so you can navigate 2025 and beyond.

 

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Key Highlights

  • New H-1B $100,000 Payment Proclamation took effect September 21, 2025, requiring the payment for new petitions filed from outside the U.S. and directing USCIS and DHS to restrict adjudications for twelve months.

  • H-1B Modernization Rule (finalized December 2024, effective January 17, 2025) tightens selection integrity and adds RFE-triggering criteria under the Federal Register final rule.

  • Proposed Rule to End D/S (August 2025) would limit F-1 and J-1 stays to program length (max four years) with extensions via USCIS Form I-539.

  • Visa Appointment Backlogs persist across consulates according to the State Department wait-time tracker.

  • The State Department introduced a policy requiring visa applicants, including F1 students, to provide five years of social media usernames as part of their application.

 

 

1. Understanding the New $100,000 H-1B Payment

On September 21, 2025, President Trump issued a Presidential Proclamation entitled “Restriction on Entry of Certain Nonimmigrant Workers.” It requires a $100,000 payment for each new H-1B petition filed on behalf of workers outside the United States.

  • Scope: Applies only to new H-1B petitions with beneficiaries physically outside the U.S. at the time of filing. In-country change-of-status petitions are currently exempt.

  • Effective date: 12:01 a.m. EDT on September 21, 2025.

  • Enforcement: The Department of Homeland Security is directed to restrict decisions on non-compliant petitions for 12 months.

  • Purpose: Framed as a “foreign worker revenue offset,” it purports to “protect American jobs” and is part of a broader strategy aimed at limiting entry of foreign workers and students.

Economic and legal experts warn that the payment is essentially a barrier fee, likely to push employers toward in-country hires, O-1 and EB-1A/NIW alternatives, and even offshoring arrangements. Advocacy groups, including academic associations and organizations supporting international students, have already filed lawsuits challenging the measure’s legality and the underlying laws and legal process. Additionally, international students from countries designated as state sponsors of terrorism would only be eligible for two-year visas under the proposed rule. International students contribute significantly to the financial sustainability of U.S. universities through tuition fees, making these policy changes a concern for higher education institutions.

 

2. The 2025 H-1B Modernization Rule and Additional Proposals

The final rule titled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program and Program Improvements” was published in the Federal Register on December 18, 2024, taking effect January 17, 2025. The rule:

  • Introduces beneficiary-centric selection to reduce multiple registrations.

  • Adds documentation requirements for third-party placements and off-site employment.

  • Tightens definitions of “specialty occupation.”

  • Creates limited flexibility for F-1 students to transition to H-1B status without gaps when registration is pending.

These changes to student visa rules may increase scrutiny and affect international students’ ability to transition from F-1 to H-1B status, reflecting a broader shift in the regulatory environment for visa eligibility and processing.

A subsequent [Notice of Proposed Rulemaking] on the Federal Register Public-Inspection desk signals further restrictions, including higher fees, re-tiered wage requirements, and possible caps on third-party placements. Industry observers expect finalization by mid-2026.

For context and analysis, see USCIS H-1B alert and Forbes reporting.

 

3. Proposed End of “Duration of Status” (D/S) for F-1 and J-1 Students

In August 2025, the Department of Homeland Security revived a controversial rule first floated in 2020 that would replace open-ended “duration of status” with a fixed stay system. The Department of Homeland Security proposed a rule in 2025 to eliminate D/S and impose a fixed stay of two or four years on F1 visas, depending on the country of origin or program, capping stays regardless of program length.

According to the official Federal Register notice and SEVP announcement, the proposal would:

  • Admit F-1 and J-1 nonimmigrants for the program end date plus a 30-day grace period.

  • Impose a maximum stay of two or four years (extendable for longer degrees or research).

  • Require students needing extra time to file an extension of stay with USCIS using Form I-539.

  • Expand reporting duties for Designated School Officials (DSOs).

These changes could significantly impact international students ability to complete their studies and remain in the U.S., especially for those in longer academic programs.

Critics say the rule would create unnecessary filings, fees, and gaps for doctoral students and researchers. Universities and advocates are preparing formal comments and potential litigation. The Department of Homeland Security has received significant public opposition to proposed changes affecting the duration of student visas, reflecting widespread concern over the potential impact on many international students and academic institutions.

 

4. Consular Interview Delays and Administrative Processing

Despite State Department efforts, wait times for student and work visa appointments remain significantly higher than pre-pandemic levels. The official Visa Wait-Time Tracker shows:

  • F-1 and J-1 appointments exceed 60 days in some high-volume posts.

  • H-1B interviews average 4–10 weeks depending on post and security clearances.

  • Applicants in STEM fields frequently face additional background checks under “Administrative Processing.”

The State Department’s Global Methodology page confirms these figures are updated monthly.

Practical tips:

  • Schedule early and check the portal daily for openings.

  • Bring research summaries and curricula vitae for STEM reviews.

  • Consult your DSO before traveling if your visa foil has expired.

 

 

5. The Bigger Picture: A Stricter Pipeline from Classroom to Career

 

OPT and STEM OPT

Under current rules, F-1 students may apply for 12 months of OPT, with STEM graduates eligible for a 24-month extension. International scholars in STEM fields, including those pursuing science and technology, are vital to U.S. research and innovation. Policy changes may significantly impact students and scholars in science and technology areas, potentially affecting the nation’s ability to attract and retain global academic talent. Key resources: USCIS OPT page, Study in the States OPT overview, and Form I-983 training plan guide.

Trump’s “Buy American, Hire American” agenda is expected to revisit OPT limits and require employers to prove they aren’t displacing U.S. workers. Students should keep meticulous records of training plans and supervision.

 

H-1B Under Pressure

The new $100,000 payment combined with stricter eligibility will likely drive denials and Requests for Evidence (RFEs) back to Trump 2017-era levels. Employers should review the USCIS H-1B hub for updated criteria and filing timelines.

Alternate routes—O-1, E-3, H-1B1, and EB-2 NIW—are increasingly valuable hedges for high-skill workers.

 

Impact of Ending D/S

Replacing D/S with fixed stays means PhD students and long research projects will need to file extensions to remain lawfully in status. Universities should create advising protocols and reminders to avoid lapses.

 


6. Step-by-Step Checklists

 

For Students

  1. Maintain Status: Enroll full-time; keep I-20 updated; report address changes to your DSO within 10 days. Use CBP I-94 tool to verify records.

  2. File OPT Early: Apply up to 90 days before program completion. Track your EAD case on USCIS Case Status.

  3. STEM Extension: Confirm E-Verify employer status and submit Form I-983 on time.

  4. Travel Cautiously: Carry DSO travel signature, funding proof, and transcripts; check visa validity before departure.

  5. Stay Informed: Monitor Federal Register, Study in the States, and DHS updates.

 

For Employers

  1. Audit job descriptions for clear degree requirements matching “specialty occupation.”

  2. Budget for potential $100k cost if petitioning from abroad.

  3. File cap registrations through the USCIS Electronic Registration Process.

  4. Prepare RFE-ready documentation (employer-employee relationship, client letters, project details).

  5. Consult immigration counsel to identify alternative visa strategies.

 

For Universities and DSOs

  • Establish a fixed-stay tracking system to flag students approaching four-year limits.

  • Provide OPT/H-1B workshops each semester.

  • Coordinate with attorneys for emergency travel letters and waivers.

  • Offer financial aid or housing flexibility for students delayed by visa processing.

  • Emphasize the importance of international students in maintaining cultural and intellectual diversity on campuses. Universities stress that international students play a vital role in fostering diverse perspectives and enriching the academic environment.

 

 

7. Common Questions (Fast Answers)

Will the $100,000 payment apply to all H-1B petitions?
No—only new petitions for beneficiaries outside the U.S. filed on or after Sept 21, 2025, per the White House Proclamation.

Is the D/S change final?
Not yet. It’s a proposed rule open for public comment as of October 2025. See the Federal Register docket.

Why are visa interview appointments so delayed?
Limited staffing and high demand. Monitor the Visa Wait-Time Tracker and apply for expedite if your program start date is near.

How will OPT and STEM OPT be affected?
Expect more employer verification and possible duration reductions under a “Hire American” policy. Follow USCIS OPT and Study in the States for updates.

What happens if my F-1 visa expires?
If you stay enrolled and in valid status, your visa can expire while you remain in the U.S., but you must renew it before reentry. Check State Department visa renewal guidance.

 

 

Final Takeaway

Trump’s second-term agenda—marked by a $100,000 H-1B payment, an attempt to end D/S, and a renewed focus on “security-based” vetting—will test the resilience of America’s international-education system. Students, employers, and universities must stay alert, organized, and legally supported. There is a growing concern that Trump’s proposed immigration policies might diminish the number of international students in U.S. universities. Universities like Harvard and MIT have historically opposed restrictive immigration policies that threaten international students’ status, highlighting the critical role these students play in academia.

Stay informed, act early, and never let policy turbulence derail your goals.

 

 

 

Frequently Asked Questions (FAQs) for F-1 Visa Students and Applicants (October 2025 Edition)

1. What is an F-1 visa and who needs it?

The F-1 visa is a nonimmigrant student visa issued to international students who want to pursue full-time academic studies at a SEVP-certified and accredited university or U.S. school (college, university, high school, or language institute). Anyone whose primary purpose is study—not work or exchange—is required to hold F-1 status. Enrollment at an accredited university is essential for eligibility and for maintaining compliance with U.S. immigration and visa requirements.


2. What are the basic eligibility requirements for an F-1 visa?

Applicants must have:

  • A Form I-20 issued by a SEVP-certified and accredited university or school.

  • Proof of sufficient financial resources to cover tuition and living expenses.

  • Evidence of strong ties to their home country and intent to return after studies.

  • A record of academic preparation suitable for the chosen program.


3. Can I bring my spouse or children?

Yes. Dependents enter on F-2 visas. They may study part-time but cannot work. Proof of additional financial support for dependents is required before the I-20 is issued. This process is part of family reunification, a legal pathway that allows families to stay together in the U.S. while the primary student completes their studies.


4. What are “high-risk countries” for student visas?

Applicants from countries with high visa-overstay rates or security concerns face stricter scrutiny and longer processing times. For example, students from China have sometimes faced additional scrutiny due to geopolitical factors, and the Muslim Ban previously targeted predominantly Muslim countries for extra restrictions. Proper documentation and early application are critical.


5. What are the biggest changes F-1 students should watch in 2025?

  • Potential replacement of D/S with fixed stays.

  • Enforcement of the $100,000 H-1B payment for overseas petitions.

  • Possible OPT and STEM OPT reforms under new DHS rules.

  • Persistent consular delays and security screenings for STEM fields.

  • Changes to student visa rules may occur depending on actions by the new administration or a return of the Trump administration, which could impact visa eligibility, processing times, and policy direction.

 

Student anxieties and support

Many international students are worried about visa concerns, including possible changes to student visa rules, renewals, and their ability to stay and work in the U.S. after graduation. These worries are heightened by uncertainties under the Trump administration or a new administration. Fortunately, various groups—such as advocacy organizations, academic institutions, and professional associations—actively support international students, provide resources, and advocate for fair policies.

 

Take Control of Your U.S. Future — Talk to Attorney Richard T. Herman Today

If you’re an international student, recent graduate, or professional facing uncertainty about your F-1 visa, F-1 status, OPT/STEM OPT, or the complex H-1B transition, don’t navigate this alone. The 2025 landscape of immigration law is shifting fast — from the proposed end of duration of status (D/S) to the $100,000 H-1B proclamation — and every decision you make today can determine your future opportunities in the United States.

This is where Attorney Richard T. Herman can make the difference.

For over 30 years, Richard T. Herman has helped thousands of students, professionals, and families secure their U.S. immigration status with precision, strategy, and heart. As the founder of Herman Legal Group, and co-author of Immigrant, Inc. — a celebrated book on how immigrants power America’s economy — Richard brings both legal mastery and moral conviction to every case. He’s not just an immigration lawyer; he’s an advocate for the transformative role immigrants play in revitalizing communities and innovation.

When you work with Herman Legal Group, you get:

  • Personalized legal strategy for F-1, OPT, STEM OPT, CPT, and H-1B cases.
  • Expert navigation of USCIS filings, SEVIS compliance, and visa renewals.
  • Proactive defense against denials, RFEs, and consular complications.
  • Direct guidance from a nationally recognized attorney — not a case mill.
  • Trusted counsel for long-term success: from student status to green card.

Every student’s journey is different — but every success starts with clarity and preparation. Whether you’re applying for your first F-1 visa, renewing your status, or exploring your post-graduation work options, the right legal advice can protect your status, your career, and your future.

👉 Schedule your confidential consultation today to discuss your case directly with Richard T. Herman and his multilingual team. Let us help you build a roadmap to success — and keep your American dream alive.

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Don’t wait for policy changes to define your future. Define it yourself — with the right lawyer by your side.

 

 

 

More H1B Resources From Herman Legal Group

·        Trump’s War on H-1B in 2025-2026: A Comprehensive Analysis

Our Clients Success Stories

 

 

 

 

Comprehensive Resource List: Applying for, Maintaining, and Transitioning from the F-1 Visa (2025 Edition)

1. Official U.S. Government Resources

U.S. Citizenship and Immigration Services (USCIS)

The USCIS oversees F-1 visa employment benefits such as OPT, STEM OPT extensions, change of status, and H-1B transitions.


U.S. Department of State (DOS)

The State Department handles visa issuance and consular interviews for international students abroad.


U.S. Department of Homeland Security (DHS)

The DHS oversees the Student and Exchange Visitor Program (SEVP), which governs F-1 and J-1 compliance.


U.S. Customs and Border Protection (CBP)

CBP manages student entry, inspection, and travel history.


U.S. Department of Education (ED)


2. SEVP and School-Level Resources

SEVP-Certified School Lists

Designated School Official (DSO) Support

Your DSO is the key point of contact for maintaining SEVIS records, authorizing CPT, OPT, and issuing travel signatures.

  • Understanding the DSO Role (Study in the States) – Responsibilities and student support functions.

  • Maintaining F-1 Status (SEVP Help Hub) – Student requirements for full-time enrollment and reporting.


3. Work Authorization: OPT, STEM OPT, and CPT

Optional Practical Training (OPT)

STEM OPT Extension

  • Form I-983 Training Plan Overview – Employer and student reporting requirements.

  • STEM OPT Reporting Requirements – How to remain compliant during your extension.

Curricular Practical Training (CPT)

  • CPT Overview (SEVIS Help Hub) – Learn eligibility and authorization procedures.

  • F-1 Employment Categories Summary – Comparison of on-campus, CPT, OPT, and STEM OPT work options.


4. Transitioning Beyond F-1: H-1B and Other Visa Pathways

  • H-1B Specialty Occupation Visa Overview (USCIS) – For OPT graduates entering U.S. employment.

  • H-1B Electronic Registration Guide – Step-by-step registration process.

  • Cap-Gap Extension Rules – Extend F-1 status and work authorization until H-1B starts.

  • O-1 Visa for Individuals with Extraordinary Ability – Alternative pathway for high-achieving students and researchers.

  • EB-2 National Interest Waiver (NIW) – Self-sponsored green card option for advanced-degree professionals.


5. Immigration Law, Policy, and Regulations


6. Professional and Academic Associations

NAFSA: Association of International Educators

The leading professional association for international-education policy, advocacy, and training.

AAIE (American Association of International Educators)

AACRAO (American Association of Collegiate Registrars and Admissions Officers)

IIE (Institute of International Education)

AIRC (American International Recruitment Council)


7. Compliance and SEVIS Reporting Tools


8. Legal and Policy Advocacy Resources


9. Additional Educational and Career Resources

 

 

  •  
Written By Richard Herman
Founder
Richard Herman is a nationally recognizeis immigration attorney, Herman Legal Group began in Cleveland, Ohio, and has grown into a trusted law firm serving immigrants across the United States and beyond. With over 30 years of legal excellence, we built a firm rooted in compassion, cultural understanding, and unwavering dedication to your American dream.

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