Ending ‘Duration of Status’ and Other Major Critical Limits for F, J, and I Nonimmigrants

On August 28, 2025, the U.S. Department of Homeland Security (DHS) published a proposed rule in the Federal Register to replace the longstanding “duration of status” (D/S) policy for F (students), J (exchange visitors), and I (foreign media representatives) nonimmigrants, along with their dependents. Traditionally, these individuals are admitted for the duration of their program or assignment plus a grace period, without needing to request an extension from USCIS. The new rule would set fixed periods of stay, bringing these categories in line with other nonimmigrant admissions and requiring timely extensions to remain legally in the United States.

Key Proposed Changes

1. Fixed Admission Periods

   • F-1 students: Admitted for the program length, including any post-completion practical training (OPT), up to 4 years, with a 30-day grace period (down from 60 days).

     • English language students: maximum 24 months + 30-day grace period.

     • Public high school students: maximum 12 months, including breaks.

   • J-1 exchange visitor: Admitted for program length, not exceeding 4 years, plus 30-day grace period.

   • I-1 foreign media representatives and dependents: Admitted for the duration of their assignment, up to 240 days; for Chinese nationals (excluding Hong Kong/Macau SAR passports), the limit is 90 days.

   • The I-94 includes early admission (up to 30 days before the program starts) and the post-completion grace period. These periods are shown on the I-94 but are not counted toward the maximum stay.

     
     

2. Extension of Status Requirement

   • F, J, and I nonimmigrants would need to submit an extension request to USCIS to remain beyond their initial admission period.

   • Timely filed extensions allow individuals to stay in status while USCIS adjudicates, with employment authorizations such as OPT or CPT extended up to 240 days during the pending period.

   • Approval requires supporting documentation, such as updated I-20 or DS-2019 forms, or compelling academic, personal, or other circumstances beyond the applicant’s control.

     
     

3. Unlawful Presence

   • Currently, F, J, and I visa holders accrue unlawful presence only after a formal determination by USCIS or an immigration judge.

   • Under the proposed rule, unlawful presence begins automatically when the fixed admission period expires, like other nonimmigrant categories.

     
     

4. Program and Status Restrictions

   • F-1 students: Undergraduate students face restrictions on changing programs, majors, or education levels; graduate students cannot change programs, majors, or education levels at all. Additionally, once a student completes a program at a certain education level, they cannot enroll in another program at the same or lower level under F-1 status.

   • Travel while extension pending: F, J, and I nonimmigrants who travel abroad while an extension of status is pending may be readmitted to the U.S. either for the remaining period of their previous admission or for the extended period requested in the pending application. If readmitted for the previous period, the extension remains valid and is not considered abandoned. If readmitted for the requested extended period, the pending extension is deemed abandoned, as it is no longer necessary.

   • I classification clarified: To qualify, a foreign media organization must have a home office abroad and engage in regular journalism; entertainment-focused activities generally do not qualify.

     
     

5. Other Regulatory Update

   The proposed rule would also remove USCIS’s long-standing deference policy, which instructed adjudicators to give weight to prior I-129 petition approvals when reviewing extension requests. Eliminating this policy could increase the likelihood of Requests for Evidence (RFEs) and denials, even for applicants with unchanged circumstances.

Next Steps

• Public comments on the proposed rule are open until September 29, 2025.

• Comments on SEVIS forms (I-17, I-20) are accepted until October 27, 2025.

• DHS will review feedback and publish a Final Rule, which may incorporate revisions based on stakeholder input.

If you have case-specific questions or wish to discuss how the new policies may affect you, please don’t hesitate to contact us.

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