On June 27, 2025, the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) submitted a proposed rule for review by the Office of Management and Budget (OMB) to eliminate the long-standing “duration of status” (D/S) policy for F, J and I visa holders and their dependents.
If finalized, this rule would impose fixed periods of stay in place of the flexible D/S framework, requiring individuals to apply to USCIS (United States Citizenship and Immigration Services) for extensions if they need more time in the United States.
What’s changing?
Currently, under the D/S policy, F (students), J (exchange visitors) and I (media representatives) visa holders are admitted to the U.S. for the length of their program, as long as they maintain their nonimmigrant status. Maintaining a valid status may mean attending school full-time, adhering to SEVIS requirements and refraining from unauthorized employment.
The proposed rule would replace D/S with fixed periods of admission—likely two to four years—based on various criteria such as the applicant’s nationality, school accreditation and whether the institution participates in E-Verify. Individuals would be required to file for an extension of stay before the expiration of their authorized period to remain in the country lawfully.
Potential provisions (Based on 2020 draft rule)
While the current proposed rule hasn’t been published in full, a similar 2020 proposal included several significant changes:
• F-1 and J-1 visa holders would be granted up to four years of authorized stay, or two years for specific 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 will be open 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 timeline, 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.
This rule represents a significant shift in how lawful presence is maintained for thousands of international students and professionals. While the final rule may differ from the earlier proposal, those potentially affected should stay informed and be ready to adapt their plans.
Barbara Wong-Wilson is an attorney at Mission Law & Advocacy, P.C. and SW Law Group P.C. If you have any questions on U.S. immigration matters, please feel free to reach out to wo**@*********ws.com or wo**@****pc.com
