International students, exchange visitors, and foreign journalists could soon see one of the most flexible aspects of U.S. immigration law disappear.
The Department of Homeland Security (DHS) is pushing forward a proposed rule to end the long-standing “duration of status” (D/S) policy for F, J, and I visa holders, replacing it with fixed visa periods.
The White House’s Office of Management and Budget has already reviewed the proposal — the last step before publication in the Federal Register, where it will be open for public comment.
What Is ‘Duration of Status’?
Currently, under D/S rules, those on F (student), J (exchange visitor), and I (foreign media) visas can stay in the U.S. for as long as their program or assignment lasts — with no fixed expiration date on their I-94 entry record.
This system provides flexibility, especially for students and researchers whose programs might extend or shift over time.
What Could Change?
If the DHS proposal is anything like a 2020 Trump-era rule, visa holders could instead receive a set length of stay — for example, two or four years — and would have to apply for extensions if they need more time.
Such a system would also introduce stricter reporting requirements and could make overstaying a more common and serious issue if extension requests are delayed or denied.
In the current D/S system, visa holders only accrue “unlawful presence” if USCIS or an immigration judge formally finds a status violation. Under a fixed-term approach, even a small overstay could trigger penalties.
Why It Matters
-
More paperwork: Visa holders may need to file extension requests, adding costs and uncertainty.
-
Higher overstay risk: Delays or denials could put individuals out of status faster.
-
Less flexibility: Academic, research, or media assignments often change timelines — this rule could make adjustments harder.
What’s Next?
Once DHS publishes the proposed rule in the Federal Register, there will be a public comment period (likely 30–60 days). Individuals, schools, and organizations can submit feedback before DHS finalizes the rule.
For now, nothing has changed — but the process is moving forward quickly.
Advice for Visa Holders
If you’re on or applying for an F, J, or I visa:
-
Keep up to date on developments.
-
Speak with an immigration professional if your program timeline is uncertain.
-
Prepare to adjust plans if fixed visa terms become reality.
This proposal may look like a technical policy change, but it has the potential to reshape how long international students, exchange visitors, and foreign journalists can stay in the U.S., and how much red tape they’ll need to navigate to continue their work or studies.
We’ll share a detailed breakdown once the full text is published — until then, keep your eyes on the Federal Register.