The Department of Homeland Security (DHS) is moving forward with a regulatory proposal that could significantly change how certain nonimmigrant visa holders maintain lawful status in the United States.
Proposal to End Duration of Status
On June 30, 2025, DHS submitted a draft rule to the Office of Management and Budget (OMB) that would eliminate the “duration of status” (D/S) admissions currently granted to F‑1 and M‑1 students, J‑1 exchange visitors and I visa holders for foreign media representatives.
Under the existing D/S framework, individuals in these categories are permitted to remain in the US for as long as they continue to meet the terms of their visa, without a fixed expiration date on their I‑94 arrival/departure record.
The proposed rule would replace this with fixed periods of authorized stay, requiring affected individuals to apply for extensions through USCIS if they need additional time to complete their academic or professional programs.
Although the full text of the 2025 proposal has not yet been published, many believe it mirrors a prior rule introduced in September 2020, during the final months of the first Trump administration. That earlier rule, which was later withdrawn by the Biden administration in 2021, would have established fixed admission periods of up to four years for F and J visa holders. In some cases, shorter stays would have been granted based on the end date listed on the individual’s Form I‑20 or DS‑2019.
Under the 2020 proposal, those wishing to remain in the US beyond their authorized period would have been required to file an application to extend their stay through USCIS before the expiration of their stay. The rule also proposed changes to how unlawful presence is calculated.
Currently, F, J, and I visa holders only begin to accrue unlawful presence after a formal finding of a status violation. The proposed change would have started the unlawful presence clock immediately after the fixed stay expired, regardless of whether USCIS or CBP had issued a formal finding of a status violation. It is likely that the revived rule will include similar provisions.
Next Steps
The draft rule is currently under OMB review, which is the first step in the federal rule-making process. Once OMB completes its review, the proposed rule will be published in the Federal Register and opened for a public comment period, typically lasting 30 to 60 days. After the comment period, DHS will consider the feedback and determine whether to move forward with finalizing the rule.
Until the rule is finalized and implemented, the current D/S policy remains in effect. Universities, exchange visitor program sponsors and media organizations are advised to closely monitor the rulemaking process and begin preparing for potential administrative changes.
Need assistance?
If adopted, the rule would impose strict end dates for F, J, and I visa admissions and bring their unlawful presence rules in line with those applied to other nonimmigrant visa categories.
To discuss how these changes may impact your visa strategy, compliance obligations or international workforce planning, contact our US immigration advisors.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.