The Department of Homeland Security (DHS) has proposed ending the long-standing “duration of status” (D/S) admission for international students (F visas), exchange visitors (J visas), and foreign media representatives (I visas).
Instead of being admitted for as long as they maintain their program or employment, these nonimmigrants would be admitted for a fixed period of stay. Individuals needing more time would have to apply for an extension with USCIS, similar to most other nonimmigrant visa categories.
The rule would also change when unlawful presence begins to count. Under current policy, unlawful presence generally starts only if USCIS or an immigration judge finds a status violation. Under the proposal, it would start immediately after the fixed admission period ends, unless an extension has been filed.
In addition, DHS has outlined several other provisions, summarized as follows:
- Fixed admission period: F, J, and I nonimmigrants would be admitted for the program length, not to exceed 4 years (with exceptions for shorter programs such as language study or high school).
- Grace period: F-1 students’ grace period would be reduced from 60 to 30 days after program or OPT completion.
- Language training programs: The maximum stay would be capped at 24 months, including breaks.
- Public high school study would limited to 12 months.
- F-1 students program change:
- Students would be required to complete their first academic year before transferring schools or changing programs.
- Students would be prohibited from changing programs at the graduate level.
- Students may only begin a new program at a higher degree level (g., bachelor’s to master’s); second programs at the same level would not be allowed.
- I visa holders (foreign media): These visa holders would be generally limited to 240 days (90 days for individuals holding passports from the People’s Republic of China, excluding Hong Kong and Macau), with extensions possible.
- Employment authorization: Employment would be limited to 240-day automatic extensions in certain cases while timely filed extension applications are pending.
The new provisions have been published in the Federal Register, and DHS is accepting public comments until September 29, 2025.
For further details, please refer to the Federal Register publication:
Please contact Attorney Kornfeld for a consultation regarding these significant changes to F-1 and J-1 nonimmigrant visas.