Proposed DHS Rule: Ending “Duration of Status” for F-1, J-1 & I Visas — What Students Need to Know

For better understanding, please refer to the vocabulary section at the end of the article.

On August 28, 2025, the Department of Homeland Security (DHS), through Immigration and Customs Enforcement (ICE), unveiled a proposal that could reshape the way many international students, exchange visitors, and media professionals enter and stay in the U.S. The draft rule, published in the Federal Register (90 FR 42070), seeks to eliminate the long-standing policy of granting “duration of status” (D/S) to F, J, and I visa holders—marking a major shift from how these visas have traditionally been managed.

Public Comment Periods

The proposal invites public feedback through two separate timelines:

• By September 29, 2025: Comments on the main rule must be submitted.
• By October 27, 2025: Comments on revisions to government forms and systems, including SEVIS (Forms I-17 and I-20) and USCIS applications such as I-539 and I-765.

The notice outlines that the most effective comments should clearly reference specific sections of the proposal, suggest changes, and support those suggestions with evidence or reasoning.

Core Change: End of “Duration of Status”

For decades, F-1 students and J-1 exchange visitors were typically admitted for the length of their academic or exchange programs, without a fixed end date. Under the new DHS/ICE proposal:

• Admission would be tied to the program end date listed on the Form I-20 (for students) or DS-2019 (for exchange visitors).
• A strict maximum of four years would apply, even if the program is longer.
• After the end of their program, students and exchange visitors would have 30 days to prepare for departure, rather than the current 60-day grace period for F students.
• Anyone requiring more time would need to file Form I-539 for an extension of stay with USCIS before their current admission expires.

What This Means for F-1 Students

For new arrivals: Students coming to the U.S. for the first time in F-1 status would no longer be admitted for “duration of status.” Instead, their I-94 would specify a fixed expiration date based on their I-20, capped at four years. If their program extends beyond that period, they will have to apply to USCIS for additional time.

For those already studying in the U.S.: Current F-1 students admitted under “duration of status” would not lose their status immediately. However, if finalized, the rule would apply to them when they next seek admission, extension, transfer, or other changes. At that point, they too would become subject to fixed end dates and the new extension-of-stay process.

Additional Revisions in the Proposal

The draft rule also includes:

• A requirement for USCIS filing with fees, biometrics, and possibly an interview to extend stay.
• A 24-month limit on English language training programs.
• Restrictions on program transfers, with graduate students prohibited from changing academic programs.
• A ban on enrolling in a new program at the same or a lower academic level once one is completed.
• Updates to employment authorization and dependent rules, along with greater USCIS discretion in approving extensions.

What’s Ahead

The regulation is still in the proposal stage. DHS will review all public comments, make any necessary adjustments, and then submit a final version to the Office of Management and Budget (OMB). The rule would only take effect after publication of a final version in the Federal Register with an announced implementation date.

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Vocabulary from the Article (Updated)

Public Comment Period A set time when the public can send feedback to the government on a proposed rule before it becomes final.

Proposal A draft or suggested rule that has not yet been made official.

Federal Register The official U.S. government journal where new rules, regulations, and public notices are published.

Duration of Status (D/S) A flexible admission rule allowing international students or exchange visitors to stay in the U.S. for as long as their program lasts, without a set end date.

EOS (Extension of Stay) A request made to USCIS (usually through Form I-539) when a nonimmigrant needs more time to remain in the U.S. beyond the date listed on their I-94 or program documents. Approval is not automatic and may involve fees, biometrics, and even an interview.

Form I-20 A document issued by U.S. schools to international students (F-1 visa) showing their program details and eligibility.

Form DS-2019 A document for J-1 exchange visitors, issued by sponsoring organizations, showing their program details.

Form I-94 An arrival/departure record issued to nonimmigrants when they enter the U.S., showing how long they can stay.

Form I-539 An application used to extend or change nonimmigrant status (for example, to request more time in the U.S.).

Form I-765 An application for employment authorization, allowing certain noncitizens to work in the U.S.

SEVIS (Student and Exchange Visitor Information System) An online system that tracks F and J visa holders and their program details.

Grace Period Extra time given after a program ends before the student or visitor must leave the U.S. (currently 60 days for F-1 students, but the proposal reduces it to 30 days).

Biometrics Physical characteristics such as fingerprints or photos collected by USCIS during certain applications.

OMB (Office of Management and Budget) A U.S. government office that reviews final rules before they are officially published.