What’s Happening
On June 17, 2026, the White House office that reviews new regulations before they take effect completed its review of the Department of Homeland Security’s (DHS) final rule entitled "Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media", but only after requiring some changes to the original draft.
The completion of this review represents a significant milestone in the rulemaking process and indicates that public release of the final rule may be imminent. However, the final regulatory text has not yet been released to the public.
The proposed rule, initially published in August 2025, seeks to change how long international students (F-1), exchange visitors (J-1), and foreign media representatives (I) are allowed to stay in the U.S. Right now, many of these visa holders are admitted through “duration of status” meaning that they get to stay for as long as they remain enrolled in school or maintain their program status, with no fixed end date. This rule would instead give them a specific, fixed expiration date on their stay, after which they would need to formally apply for an extension if they want to remain longer.
What You Need to Know
If finalized substantially as proposed, many F-1 and J-1 nonimmigrants would generally be admitted until the end of their underlying academic or training program, up to a maximum of four years, and would be required to seek an extension of stay from USCIS if additional time is needed to complete their program or authorized activities such as F-1 Optional Practical Training (OPT).
If finalized substantially as proposed, the proposed rule would also shorten the F-1 grace period from 60 days to 30 days, modify unlawful presence accrual rules, impose new extension-of-stay procedures, and implement certain restrictions relating to educational transfers and program changes.
The final rule has not yet been published in the Federal Register and, as of the posting of this article, no advance copy has been released. While some changes were made to the initial rule following review by the White House regulatory office, the nature and scope of the changes remain unknown until an advance copy of the proposed rule is made available.
What Happens Next?
The next steps in the rulemaking process are:
DHS submits the final rule to the Office of the Federal Register;
The rule is released for public inspection;
The rule is formally published in the Federal Register; and
The implementation period begins.
With the initial White House regulatory review now complete, public release and publication of the final rule may occur in the near future. Current reports indicate that the rule is expected to become effective approximately 60 days after publication in the Federal Register.
Current Impact
At this time, no changes have taken effect. F-1 students, J-1 exchange visitors, and I visa holders remain subject to the current Duration of Status framework.
While no immediate action is required, foreign nationals, educational institutions, exchange program sponsors, and employers should continue to monitor developments closely and D&S will continue to provide further updates as new information becomes available.
This alert is for general informational purposes only and does not constitute legal advice. Please consult D&S immigration counsel regarding your specific circumstances. D&S Senior Associate, Paulina Baginska, assisted with the preparation of this alert.