What happened?
On August 28, 2025, the Department of Homeland Security published a proposed rule in the Federal Register to eliminate the longstanding “Duration of Status” (D/S) policy for F-1 students and J-1 exchange visitors. Under the new rule, nonimmigrants in these categories would be admitted only until the end date listed on their I-20 or DS-2019—capped at four years, plus a 30-day grace period—instead of allowing indefinite stays tied to program validity. Anyone needing more time (e.g., for program completion, transfers, or OPT) must file for an extension of stay through USCIS. Public comments are open through September 27, 2025.
Context:
For decades, F- and J-visa holders have relied on “Duration of Status”—meaning they could stay in the U.S. as long as they maintained valid status through their academic or exchange programs, even if those lasted longer than four years. The D/S model offered flexibility, but the new proposal introduces stricter, calendar-based timelines.
What’s Changing?
| Rule | What It Means |
|---|---|
| Ends “Duration of Status” (D/S) | F/J nonimmigrants will now be admitted until a fixed date—program end or max 4 years, whichever is shorter |
| New grace period | 30 days added post-program for departure or extension filing |
| Requires proactive action | Must file timely for extension → new paperwork, fees, and USCIS processing |
What Are the Options Now?
- Anticipate program durations carefully: Confirm that your I-20 or DS-2019 accurately reflects your final end date.
- Submit extensions early: If your program runs past four years—or if you’re pursuing OPT, a transfer, or advanced study—file an extension of stay through USCIS in a timely manner.
- Stay informed: Comments on the proposed rule are accepted through September 27, 2025. The rule may be revised based on feedback.
Important Reminders
- This is a proposed rule, not yet final—changes may occur after review.
- Missing the grace period or filing deadline can lead to status lapse, complications with reentry, or impact eligibility for future benefits.
