What’s Happening:
On June 27, 2025, the U.S. Department of Homeland Security (DHS) submitted a proposed rule to the Office of Management and Budget (OMB) that would eliminate the “duration of status” (D/S) admission period for F-1 students, J-1 exchange visitors, I-1 foreign information media representatives, and their dependents. The proposal, if finalized, would replace the current “duration of status” system with fixed periods of authorized stay—generally two or four years—with the option to file extensions of status with USCIS.
If finalized, the current system where F, J, and I visa holders can remain in the U.S. as long as they continue to comply with terms of their program (i.e. remain enrolled full-time, maintain SEVIS compliance, and avoid unauthorized employment) would be replaced with fixed periods of admission depending on the visa holder’s country of citizenship, school accreditation, and E-verify participation.
This proposal is similar to a rule that was introduced in 2020 under the first Trump Administation, but later withdrawn in 2021.
While the text of the proposed rule is not yet available, if it is modeled after the 2020 rule, it may include some of the following provisions:
F-1 and J-1 visa holders, and their dependents, would generally receive a fixed stay tied to their program end date, not exceeding four years;
Shorter stays (typically two years) would apply to individuals from certain countries, or those attending unaccredited institutions, among others;
I visa holders (foreign media) would also be subject to fixed, renewable stays–with a cap at 240 days, or 90 days for Chinese and Hong Kong passport holders;
F-1, J-1 and I-1 visa holders would be required to apply for extensions through USCIS;
The 60-day grace period for F-1 students would be reduced to 30 days;
F-1 students awaiting H-1B selection would continue to benefit from the cap-gap extension, now lasting until April 1, instead of the previous October 1 deadline; and
Overstaying would result in immediate accrual of unlawful presence, impacting future admissibility.
What you need to know:
The proposal is currently under review with the OMB. If the proposal clears OMB review, DHS will publish a proposed rule in the Federal Register to start a notice and comment period which would typically last 30 or 60 days. At the end of the notice and comment period, the agency would then review all comments, make necessary adjustments to the proposed rule based on public comments, and then publish a Final Rule in the Federal Register which would include an implementation timeframe for when the regulation would go into effect.
D&S will continue to monitor developments and provide updates once the proposed rule is released. This alert is for informational purposes only and does not constitute legal advice.