Unlike most nonimmigrant categories, which are admitted for a set period, F (students), J (exchange visitors), and most I (foreign media representatives) are currently admitted for as long as they comply with the terms of their status, known as “duration of status” (D/S).
On August 27, 2025, the U.S. Department of Homeland Security announced a proposed rule to end D/S admissions policy for F-1, J-1, and I-1 nonimmigrants.
The proposed rule also intends to transition current F-1s and J-1s on D/S to a maximum 4-year admission, as of the date the Final Rule would take effect.
Details of the Proposed Changes Include:
- Fixed dates of admission for F-1 and J-1: F-1s and J-1s would no longer be admitted for “D/S”. F-1s and J-1s instead would be admitted for a fixed date, not to exceed 4 years or their program length.
- Transition rules for F-1 and J-1 in the United States: F-1s and J-1s currently on valid status within the United States would have valid status up through the program date on their I-20 or DS-2019, on the date the Final Rule would be effective, not to exceed 4 years from the Final Rule’s effective date.
- For those who depart the United States during the pendency of a timely filed extension of status, upon seeking admission, their specific circumstances will determine whether they are limited to the maximum 4 years or a period previously authorized.
- Fixed dates of admission for I-1: I-1s would be admitted for a maximum of 240 days, or only 90 days for Chinese nationals (not Hong Kong/Macau).
- Extension of status required: These nonimmigrants would need to timely file an extension of status to extend their stay.
- F-1s who timely file an extension of status would be considered to remain in status until USCIS adjudicates the extension. While a timely filed extension is pending, OPT, CPT, or hardship-based employment authorization would be extended for a maximum of 240 days.
- J-1s who timely file an extension of status would be considered to remain in status for either a maximum of 240 days or until USCIS adjudicates the extension, depending on the circumstances.
- Grace period reduction for F-1: The “grace period” for F-1s to depart the United States would be reduced from 60 days to 30 days.
- F-1 program restrictions: F-1 students would face restrictions in changing programs, and graduate students would be prohibited from doing so.
Practical Implications for Stakeholders
The proposed rule would affect stakeholders in a number of ways. First and foremost, the new extension of status requirement adds financial costs and administrative burdens by replacing the Designated School Official (DSO) or Responsible Officer (RO)’s ability to extend the nonimmigrant’s program date. F and J nonimmigrants should consider the possibility of a long processing time for an extension of status.
The proposed rule also means that F-1 and J-1 nonimmigrants could begin accruing unlawful presence once their fixed period of stay ends, without a formal ruling from the DHS or an Immigration Judge.
Stakeholders should also consider country-specific rules and justifications. DHS’s stated rationale for the changes largely rests on the claim that the D/S system weakened national security and burdened oversight and vetting. It also claims the current system is vulnerable to fraud. In justifying its rationale, DHS claims that some Chinese nationals have put these risks on display.
Next Steps for Interested Parties
The elimination of D/S is not yet in effect; it is currently only a proposed rule. Stakeholders have 30 days to comment on the proposed rule before DHS finalizes it. While the Final Rule may vary somewhat from the proposed rule, changes will generally be limited to those that stakeholders could reasonably anticipate.
The exact procedures for F-1, J-1, and I-1 nonimmigrants will only be clear after the Final Rule is published, and its language may also shape potential legal challenges.
If you have any questions or concerns, please reach out to a member of our Team at Klasko Immigration Law Partners or request a consultation here.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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