Department of Homeland Security Proposes to Replace Duration of Status for F and J Visa Holders with Fixed Periods of Stay

The U.S. Department of Homeland Security (DHS) has proposed a new regulation that would impose fixed periods of stay for F and J visa holders in the United States, replacing the current policy that allows admission for duration of status (D/S). This proposed rule was published in the Federal Register on August 28th, 2025. DHS will accept public comments on the proposal for 30 days following its publication.

 

What is Duration of Status D/S? 

Currently, F and J visa holders are admitted into the U.S. for “duration of status". This means they can remain in the U.S. for as long as they continue their course of study, participate in their exchange program, or are engaged in qualifying employment, such as Optional Practical Training (OPT), STEM OPT, or Academic Training, provided they do not violate the terms and conditions of their immigration status. "Duration of Status (D/S)" is indicated on their I-94 Arrival Record and is also often stamped in their passports, serving as the official record of their authorized length of stay in the U.S. 

F visa holders have a 60-day grace period following the completion of their studies and post-graduation OPT and STEM OPT. This period allows them to depart the U.S., transfer their SEVIS record to another institution, or change their immigration status. J visa holders have a 30-day grace period after the completion of their programs, plus anytime on Academic Training, for the same purpose as the grace period for F visa holders. 

Currently, F and J visa holders admitted for duration of status do not need to apply for an extension of stay with the U.S. Citizenship and Immigration Services (USCIS) if their academic program or employment lasts longer than initially expected. For both Fs and Js, Drexel University’s ISSS office can assist in extending their stay by reviewing and approving requests for I-20 and DS-2019 extensions.   

 

What does the new rule propose?

The proposed rule aims to eliminate the practice of admitting F and J visa holders for Duration of Status. Instead, under the proposed rule, these individuals would be granted admission for a specific period defined by the end date listed on their I-20/DS-2019 forms, not to exceed four years. If they require additional time to complete their programs, they would be required to apply and pay for an extension of status through USCIS if they wish to remain in the U.S beyond their specified admission period.   

 

What is the impact on F-1 students and J-1 Exchange Visitors and their F-2 and J-2 dependents if the proposed rule is implemented? 

If the proposed rule is implemented, F-1 students and J-1 exchange visitors would need to apply for an extension with USCIS in the following situations:

• To complete any program that is longer than four years.
• To participate in post-graduation practical training (OPT and STEM OPT) if they are F-1 students.
• To participate in post-graduation Academic Training (AT) if they are J-1 students.
• To change their education level (e.g., from a bachelor's to a master's or from a master's to a doctorate).).
• To transition from an English language program to a degree program.
• To transfer to a new school (F-1) or program sponsor (J-1).

Additionally,

• F-1 undergraduate students would not be allowed to change programs, majors, or educational levels during their first academic year.
• F-1 graduate students would not be permitted to change their educational objectives or transfer to another institution.
• F-1 students who complete programs would not be permitted for F-1 status to undertake a new program at the same of a lower level.
• The 60-day grace period for F-1 students would be reduced to 30 days.
• If students do not apply to USCIS for an extension of status in a timely matter or depart the U.S., they would start accruing unlawful presence as soon as their allowed period of stay expires.

What happens next? 

After the proposed rule has been published for 30 days, the Department of Homeland Security (DHS) will review the feedback and prepare a final rule to be issued in the Federal Register. The final rule may be revised based on feedback during the review process.  

There is no specific timeline for when the final rule will be issued. ISSS will continue to closely monitor further updates and communicate additional information when available. 

 

For additional details, please consult the following resources:  

Fragomen Immigration Alerts 

Department of Homeland Security 

NAFSA: Association of International Educators  


ISSS will continue monitoring further developments and post relevant updates on this page.