The Department of Homeland Security (DHS) will likely soon end the use of “duration of status” (D/S) for F students, J exchange visitors, and I foreign media representatives. If finalized as proposed, U.S. Customs and Border Protection (CBP) would issue an expiration date on Form I-94, Arrival/Departure Record, each time these nonimmigrants enter the United States. Under this rule, F/J/I visa holders would only be allowed to extend their time in the United States through an application to USCIS.
This change would mark a significant shift from the current framework, under which many F, J, and I visa holders are admitted for D/S and may remain in the United States, as long as they comply with the terms of the underlying program or classification. DHS states that the proposal is intended to support the integrity of these visa programs and facilitate vetting of visa holders, even though F and J visa holders’ program participation is already closely tracked by U.S. Immigration and Customs Enforcement (ICE) through the Student and Exchange Visitor Information System (SEVIS).
The proposed rule has not yet taken effect, but multiple reports indicate that a final rule will be published in the next few weeks. Once implemented, it will create new compliance obligations and timing concerns for visa holders, Designated School Officials (DSOs), program sponsors, universities, and employers that rely on F, J, or I nonimmigrants. This analysis is based on reports of the likely contents of the final rule and the text of the proposed rule, which may change once the final rule is published.
What The Final Rule Will Likely Do
For F and J visa holders, DHS will likely limit admission to the length of the academic or exchange program, with maximum initial periods of up to four years, or up to 24 months for F and J language training programs. The proposal would also impose new limits on changes to educational objectives, programs, and education levels, and would shorten certain grace periods.
For I visa holders, DHS would limit admission to up to 240 days and more narrowly define qualifying foreign media employment. Under the proposal, qualifying foreign media must involve the regular gathering, production, or dissemination of journalistic information; entertainment-related production or broadcasting may not qualify.
For all affected categories, extensions of stay would become a more regular part of maintaining status. DHS also proposes biometrics requirements in connection with certain extension requests.
Why Eliminating D/S Matters
The most significant change is that F, J, and I nonimmigrants will have a fixed I-94 expiration date. Though another noteworthy change is the proposed increase in USCIS oversight of student and exchange visitor programs related to changes in educational level, possibly including something as routine as changes of major. If the rule is finalized as proposed, these types of matters will no longer be solely between the student and school, but will involve USCIS, which is expected to impact approval of extension requests in particular.
The proposal also requires careful analysis of what constitutes a change in program, major, educational objective, or degree level. DHS would restrict certain F and J program changes within the first year, in the absence of extenuating circumstances. Universities, DSOs, and exchange program personnel would need to train staff and visa holders to identify changes that could affect status. Some impacts may be clear, but others may not be obvious until a status problem has already occurred.
Under D/S, many F and J visa holders generally do not begin accruing unlawful presence until USCIS or an immigration judge determines that a status violation occurred. Under fixed admission periods, individuals who remain beyond the I-94 expiration date could begin accruing unlawful presence and, depending on the length of the overstay, may become subject to the three- or ten-year bars. This risk is particularly acute for individuals who mistake the visa stamp expiration date for the controlling I-94 expiration date. The I-94 date, not the visa stamp date, controls authorized stay in the United States. The proposed shortening of grace periods from 60 to 30 days would further reduce flexibility for students and exchange visitors to depart, transfer, change status, or make other post-program arrangements. DHS should update the “240 day rule” regulation to include F and J employment.
The proposed rule could also limit use of “Day 1 CPT” and similar strategies, particularly where an F-1 student seeks to enroll in a subsequent program at the same or lower educational level after not being selected in the H-1B cap lottery.
Expected Operational Impact
If the rule becomes final as proposed, affected visa holders should expect increased scrutiny from U.S. consulates, CBP officers, and USCIS in program change and extension requests, including more detailed questions regarding program length, educational objectives, funding, employment, and intent to comply with the fixed period of admission.
USCIS processing times may also increase. Because more F, J, and I holders would need to file Form I-539 extension requests to remain in the United States beyond the fixed I-94 period, USCIS may experience higher filing volumes and longer adjudication times. Extension denials may carry significant consequences because unlawful presence may begin accruing as of the denial date.
Foreign media employers should review whether their employees will continue to qualify for I status under the proposed definition. Employers engaged primarily in entertainment production, broadcasting, or non-journalistic content may face additional uncertainty.
What Happens Next
The Notice of Proposed Rulemaking was published in August 2025, and the 30-day public comment period ended on September 29, 2025. DHS has reviewed public comments and submitted the rule to the Office of Information and Regulatory Affairs (OIRA), which is part of the Office of Management and Budget (OMB).
A decision from OMB could be issued within approximately 90 days, although timing may be shorter or longer. Once the final rule is published in the Federal Register, it will become clear whether DHS adopted the rule as proposed or made changes in response to comments. Implementation could occur as soon as 30 days after publication, though it may be up to 60 days. At that point, litigation may or may not be brought to challenge the rule changes; if it is brought, the litigation will likely ask that the rule not go into effect until the legal challenge is completed. A court would have to agree that the rule was likely to have been unlawfully issued for it to be blocked from going into effect as scheduled.
Recommended Actions
Universities, program sponsors, and employers should begin preparing for the possibility of fixed periods of admission for F, J, and I visa holders. Preparation should include developing training for visa holders and internal personnel, planning for potential consular and CBP delays, budgeting for extension filings, and creating systems to track I-94 expiration dates after every international trip.
Visa holders should understand that the I-94 expiration date controls authorized stay in the United States, even if the visa stamp remains valid for a longer period. Individuals considering program changes, transfers, new educational levels, CPT, OPT strategy, extensions, or travel should consult with counsel or their DSO before taking action.
Klasko will continue to monitor the rulemaking process and provide updates when the final rule is published or additional implementation guidance becomes available. If you have questions about how the final rule may impact you, please contact a Klasko attorney.
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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