The Department of Homeland Security proposes to change how F, J, and I nonimmigrants are admitted to the United States, replacing the current “duration of status” framework with admission for a fixed time period. The change affects F-1 students, J-1 exchange visitors, and most I-visa representatives of foreign information media—and would reshape how practitioners advise clients on status maintenance, filing strategy, and compliance.
What changed
Unlike most nonimmigrant classifications, which are admitted for a fixed time period, aliens in the F, J, and I classifications are currently admitted into the United States for the period of time that they are complying with the terms and conditions of their nonimmigrant classification (“duration of status”).
Under the proposed rule, F and J nonimmigrants will be given a date certain for admission to the United States based on the length of their program. For F and J nonimmigrants, this fixed period is until completion of their program or four years, whichever is shorter.
Key operational changes include:
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Fixed admission dates. Individuals entering the US in either F or J status (including F-2 and J-2 dependent family members) would be admitted only until the program end date noted in their Form I-20 or DS-2019, not to exceed 4 years, plus a period of 30 days following their program end date instead of D/S.
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Extension of Stay requirement. F students and J exchange visitors who need time beyond their initial period of admission for whatever reason (e.g., an extension of program, school transfers, moving academic levels, use of post-completion practical training or academic training) must timely submit a complete extension of stay (EOS) application to USCIS before their prior admission expires for DHS review and adjudication.
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Shortened grace period. The proposed rule reduces the 60-day grace period after program completion to 30 days, and includes accrual of unlawful presence if a student or scholar remains in the US after the grace period.
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Language training limits. Language training students would be limited to an aggregate 24-month period of stay, including breaks and an annual vacation.
Comments on the proposed rule must be received by September 29, 2025. Comments on the information collection described in the Paperwork Reduction Act section must be received by October 27, 2025.
Why it matters
This proposal fundamentally shifts control and risk from institutions to federal adjudicators. Today, as long as an F-1 student remains enrolled and in good academic standing, their DSO can update their I-20 and their status continues without federal action. Under this rule, every program extension, school transfer, or level change would trigger a USCIS filing on Form I-539 with a biometrics requirement—and the student’s legal presence depends on timely filing and approval before the I-94 expires.
For practitioners:
- Filing deadlines become critical. A student whose EOS is denied or delayed after the admission period expires accrues unlawful presence immediately. The margin for error shrinks.
- Post-completion practical training becomes more complex. OPT/STEM OPT users must file an EOS before their initial admission expires if they intend to work; pending EOS applications may preserve work authorization for up to 240 days, but this requires advance planning.
- Program extensions and transfers now require federal approval. Institutional DSO-level flexibility is gone.
- Longer degree paths face the four-year cap. Students in combined bachelor’s/master’s programs or longer PhDs will face extension filings; some institutions report these programs exceed four years, forcing splits.
- Dependents are included. F-2 and J-2 family members follow the same fixed-period logic, which may complicate family visa planning.
Way forward
For practitioners advising F-1/J-1 clients:
- Monitor the comment period (through Sept. 29, 2025) and the final rule publication (expected late 2025 or early 2026). This is not yet law; the final rule may change.
- Begin documenting current client timelines, program lengths, and OPT/STEM OPT plans now. Understand which clients would face an extension filing under this rule.
- Develop transition messaging for current D/S holders—the proposed rule would grandfather some; the final rule will clarify transition rules.
- Educate international offices and clients about the new Extension of Stay process, biometrics, and filing deadlines before this takes effect.
For international students and exchange visitors:
- If you are currently in F or J status with a D/S admit date, this proposed rule does not change your current status immediately. Wait for the final rule and implementation guidance.
- If you are planning to apply for F-1 or J-1 status, understand that you may need to file an extension application if your program exceeds four years or if you need additional time after completion.
- Plan conservatively: assume a four-year ceiling and begin EOS preparation early.
Disclaimer
This article explains a proposed rule issued by the U.S. Department of Homeland Security and is provided for informational purposes only. We are not a law firm and cannot provide legal advice. Any interpretation of USCIS policy is not binding on the agency. Immigration law is complex and changes frequently; proposed rules often differ from final rules. You should verify all information against the primary source and consult a licensed immigration attorney before relying on this information for legal or filing decisions. Policy may change without notice, and this article reflects only publicly available information as of the publication date.