Key Points
- DHS submitted a proposed rule to OMB to replace the “Duration of Status” model with fixed authorized stays for F, J, and I visa holders.
- Affected categories include international students, exchange visitors, and media representatives.
- If implemented, the rule would require extensions of stay through USCIS and change how unlawful presence is calculated.
- The rule echoes a withdrawn 2020 proposal and is not yet finalized.
Proposal to Change Student Visa Periods of Stay from Duration of Status to Fixed Terms Advances to OMB Review
The United States Department of Homeland Security (DHS) has revived a previously withdrawn proposal to eliminate the “Duration of Status” (D/S) admission framework for F, J, and I nonimmigrant visa holders, namely international students, exchange visitors, and foreign media representatives. Under the current D/S system, these individuals may remain in the US as long as they maintain their visa status, without a fixed end date on their I-94 record. The proposed rule, submitted to the Office of Management and Budget (OMB) on June 30, 2025, would replace this model with fixed periods of authorized stay.
2025 DHS Proposal Echoes Withdrawn 2020 Rule on Fixed Visa Stays
The specific content of the 2025 proposal has yet to be confirmed, but it shares the name of a rule that was proposed in 2020, late in the first Trump Administration. That proposed rule was withdrawn by the Biden administration in 2021.
That previously proposed rule would have required affected nonimmigrants to apply for extensions of stay with the US Citizenship and Immigration Services (USCIS) if they needed additional time to complete their academic or professional programs. The proposed rule would also modify the calculation of unlawful presence for these visa holders. Currently, F, J, and I nonimmigrants only begin accruing unlawful presence after a formal finding of a status violation has been made. Under the framework outlined in the 2020 proposal, unlawful presence would commence immediately after the expiration of the fixed stay period, aligning these categories with most other nonimmigrant visa classifications.
Next Steps
The rule is currently under OMB review, and if cleared, it will be published in the Federal Register for public comment, typically within 30 to 60 days following its publication. The finalization process could take several months, and stakeholders, including universities and program sponsors, are advised to closely monitor the proposal’s advancement and potentially prepare for potential operational impacts.
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