On August 28, 2025, the U.S. Department of Homeland Security (DHS) published a proposed rule in the Federal Register (90 FR 42070) 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.
If implemented, this rule would end the current “duration of status” (D/S) system for F, J, and I visa holders and replace it with fixed admission periods. Students would need to apply for extensions with U.S. Citizenship and Immigration Services (USCIS) if more time is required to complete their program.
At this stage, this is only a proposed rule and is not yet in effect. The public has an opportunity to provide comments during the open comment period.
Key Proposed Changes:
- Fixed Admission Periods: F and J visa holders would be admitted for a fixed period (up to four years, or less in some cases), instead of the current “duration of status.” Admission dates would be tied to the program end date on the Form I-20 or DS-2019.
- Shortened Grace Period: The grace period for F-1 students would be reduced from 60 days to 30 days.
- Extension of Stay Requirement: Students needing more time (for program extensions, transfers, academic level changes, or OPT/Academic Training) would need to file a formal extension request (Form I-539 with fee, biometrics, and possible interview) before their admission period expires.
- Restrictions on Academic Progression: Proposed limits on program transfers and changes of major or degree level, including prohibiting graduate students from changing programs and barring students from pursuing a second program at the same or lower level.
- Cap on English Language Study: ESL students would be limited to a maximum of 24 months.
Unlawful Presence Risks: Students would begin accruing unlawful presence immediately after their fixed admission period expires if they have not received an approved extension, raising the risk of future bars to re-entry.
Public Comment Period:
Comments on the proposed rule are due by September 29, 2025. As this is a proposed rule, it will not take effect until the public has had an opportunity to comment and DHS has reviewed the feedback. The Federal Register notice provides instructions for submitting comments: instructions on submitting comments.
Student Participation:
ISS encouraged students to share their perspectives via the NAFSA survey. An invitation email was sent (September 2), and responses to the survey are due by September 12.
Institutional Response:
The University plans to submit an institutional comment. ISS will continue monitoring updates through NAFSA and will share new information as it becomes available.
DISCLAIMER:
The information contained in this resource is intended to provide general guidance. It should not be construed as legal advice. The application and interpretation of laws and government policies may vary depending on individual circumstances. While we strive to provide accurate and up-to-date information from reliable sources, ISS disclaim all liability for any errors or reliance on this content. This publication does not replace the direct reading of official government guidance, nor does it serve as a substitute for legal advice, which should be obtained from a licensed immigration attorney.