On August 28, 2025, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) officially published in the Federal Register a Notice of Proposed Rulemaking (NPRM) confirming the anticipated end of the “duration of status” (D/S) framework for F, J, and I visa holders.
The proposed rule would:
- Admit F and J visa holders for the length of their program, not to exceed 4 years.
- Admit I visa holders for up to 240 days (or 90 days for PRC passport holders, excluding Hong Kong and Macau).
- Require extension of stay (EOS) applications with USCIS for anyone needing more time.
- Shorten the F-1 post-completion grace period from 60 to 30 days.
- Limit language training students to an aggregate 24 months.
- Restrict F-1 transfers and program changes (e.g., one academic year at initial school before transfer; no mid-program changes at graduate level; progression only to higher academic levels).
- Clarify J-1/J-2 work authorization rules (J-1s may work up to 240 days while EOS pending, J-2s cannot work beyond EAD expiration).
- Introduce biometric requirements for EOS applications.
- Current holders in D/S may keep that status until departure/reentry or until filing an EOS/change of status, at which point the new fixed-time rules will apply.
The rule is open for a 30-day public comment period, after which DHS may issue a final rule with an implementation date.
Policy Alert: DHS Proposes to Eliminate “Duration of Status” for F, J, and I Visa Holders
On June 27, 2025, the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) submitted for Office of Management and Budget (OMB) review a proposed rule to eliminate the long-standing “duration of status” (D/S) admission policy for F, J, and I visa holders and their dependents. If finalized, this rule would replace the flexible D/S framework with a fixed period of authorized stay, requiring individuals to file extension requests with USCIS to remain in the United States beyond their initially granted stay.
What Is Changing?
Under the current D/S policy, F, J, and I visa holders are admitted to the U.S. for as long as they maintain their nonimmigrant status, such as:
- Staying enrolled full-time
- Participating in an authorized program
- Complying with SEVIS requirements
- Avoiding unauthorized employment
The proposed rule would replace D/S with fixed admission periods, likely from two or four years, depending on factors such as:
- Country of citizenship
- Accreditation status of the institution
- E-Verify participation by the school or employer
Individuals needing additional time would be required to file an extension of stay application with USCIS before their initial period expires.
Possible Rule Provisions
While the full text of the new rule has not yet been released, the September 2020 version of a similar proposal included the following provisions:
- F-1 and J-1 visa holders would be granted up to four years of authorized stay, or two years for nationals of certain countries or attendees of unaccredited institutions.
- I-1 media representatives could be granted 240-day stays, or 90 days for Chinese or Hong Kong passport holders.
- The grace period for F-1 students may be shortened from 60 days to 30 days.
- F-1 students participating in the H-1B lottery would retain cap-gap benefits, but protection might end April 1 instead of October 1.
- Overstaying past the authorized period would result in the immediate accrual of unlawful presence, impacting future visa eligibility and reentry.
What’s Next?
The proposed rule is currently under OMB review, which may take several weeks or months.
If approved, the rule will be published in the Federal Register and opened to a 30- to 60-day public comment period. DHS will then review the feedback and may publish a final rule along with an implementation date.
What This Means for F, J, and I Visa Holders
No Immediate Action is Required. The current D/S policy remains in effect until any new rule is finalized and implemented.
If the rule is finalized, affected individuals will need to closely monitor the expiration of their stay and file timely extension applications. Under the proposed framework, overstaying without an approved extension could trigger 3-year or 10-year reentry bars.
You may need to plan further in advance for:
- Program changes or academic delays
- OPT/STEM OPT timelines
- Visa renewals or extension or change of status
- H-1B timing and extensions
This proposed rule could significantly change how international students and scholars maintain lawful presence in the U.S. SW Law Group will continue to monitor the situation and provide updates as more details become available.