On Aug. 28, 2025, the U.S. Department of Homeland Security (DHS) published an Notice of Proposed Rulemaking in the Federal Register titled “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,” which proposes to admit nonimmigrants in the F (academic student) and J (exchange visitor) categories for a fixed period of time instead of duration of status. This would be a significant change from current regulations. 

Currently, the Department of Homeland Security (DHS) Customs and Border Protection (CBP), which has the authority to clear non-immigrant students and scholars for entry into the U.S., has admitted students (F visa status) and exchange scholars and visitors (J visa status) for a period known as “duration of status” (D/S). Unlike most other nonimmigrants who are admitted with an exact date of expiration of legal immigration status, D/S allows F students and J exchange visitors to remain in the country as long as they are making normal progress towards completing their academic or research objectives or are engaging in optional practical training (OPT). Their school or exchange program must also report their activities to DHS and DOS in the Student and Exchange Visitor Information System (SEVIS) database. 

DHS is proposing to eliminate D/S and replace it with a system that admits F students and J exchange visitors with an exact date noted on their immigration form, not to exceed four years. This means students and exchange visitors who need more time to accomplish their purpose, whether that be completion of a degree program or other endeavors, would have to apply and pay for a formal extension of stay from DHS’ U.S. Citizenship and Immigration Services (USCIS).

It is important to know that the proposed rule is not yet in effect. Currently, DHS is accepting public comments on the proposed rule until Sept. 29, 2025, and on the related information collections, under the Paperwork Reduction Act, until Oct. 27, 2025. Please refer to the Federal Register notice for instructions about how to submit comments for DHS consideration. Following the public comment period, DHS will review all properly submitted comments and may revise the rule based on public feedback. 

Although we are still analyzing the full scope of the proposal, if the rule is finalized as proposed, it would present significant new changes including:

• New F-1 and J-1 students and scholars would be transitioned to a fixed date of admission not to exceed 4 years, effective on the final rule's effective date. F-1 and J-1 students and scholars already in the U.S. would also be transitioned to a fixed date of admission up to 4 years, or the end date on their I-20 or DS-2019, whichever is sooner.
• F-1 and J-1 students (including medical and doctoral students) and scholars seeking to remain in the U.S. longer than 4 years due to their program length, anticipated degree completion plans, or post-completion optional practical training would need to submit an Extension of Stay (EOS) application with the U.S. Citizenship and Immigration Service (USCIS).
• The ‘grace period’ for F-1 students and their F-2 dependents following the conclusion of their program would be shortened from 60 to 30 days.
• F-1 undergraduate students would not be able to transfer to another SEVP-certified school until he or she has completed the first academic year of their program at the school that initially issued his or her Form I-20. F-1 graduate students would be prohibited from changing degree programs at any point during a program of study without USCIS approval.
• F-2 and J-2 dependents would need to be included on the principal’s EOS or file their own EOS/reinstatement which could not exceed the F-1 or J-1’s period of stay; filings may require biometrics/fees including for minors; immediate departure would be required if EOS is denied after admission expires. 

We will continue to monitor this proposal  closely and provide updates as more information becomes available. It is again important to emphasize that the finalized version of the proposed rule may contain different provisions than those outlined above. Until the final version of the rule is published, current regulations still apply for current and incoming  F-1 students and J-1 students and scholars, as well as their F-2 / J-2 dependents.