A new ICE rule ends duration-of-status admissions for F-1 students and J-1 exchange visitors, capping most stays at four years and requiring extensions for longer programs. Published July 17, the rule establishes a four-year limit for most F-1 students and J-1 exchange visitors, replacing the existing “duration of status” policy that permitted students and exchange visitors to remain in the U.S. until they completed their program. The rule is scheduled to take effect Sept. 15.
What changed
Since 1979, most international students studying in the United States on F-1 visas have been allowed to remain in the country for the duration of their academic program, however long it took. That longstanding policy will soon end under a new U.S. Immigration and Customs Enforcement (ICE) rule that imposes fixed admission periods and requires many students to seek extensions to complete their studies.
Nonimmigrant students (F visas) and exchange visitors (J visas) will be admitted for the length of their specific program, not to exceed a maximum period of four years. Visa holders requiring additional time to complete an academic program must formally apply for an Extension of Stay (EOS) directly through U.S. Citizenship and Immigration Services (USCIS). This transitions oversight from university staff back to federal authorities and subjects applicants to biometric vetting, background checks, and fraud screenings.
Under the new rule, F and J visa holders will generally begin accruing unlawful presence as soon as their specified admission period expires, as is currently the case for other temporary immigration categories. Previously, F and J visa holders were only considered to begin accruing unlawful presence if USCIS or an immigration judge formally found that the individual had violated their status.
The time allowed for F-1 students to prepare for departure, transfer schools, or change status following graduation is reduced from 60 days to 30 days.
F-1 undergraduates are prohibited from changing programs, majors, or education levels within the first year of their program, unless ICE allows an exception for extenuating circumstances. The regulation precludes F-1 graduate students from changing programs, majors, or educational levels, though transfer policies apply.
Why it matters
A four-year limit does not align with the length of many academic programs. Most doctoral degrees take longer than four years to complete, and some undergraduate students also require more than four years to earn a bachelor’s degree. The National Center for Education Statistics reports a median of 52 months — more than four years — to complete a bachelor’s degree. The National Science Foundation puts the median PhD completion time at 5.7 years.
Students whose programs exceed the four-year window now face mandatory USCIS extension applications. That extension application costs $370 in base filing fees plus an $85 biometrics fee under the new rule, according to current USCIS fee schedules. Premium processing, which compresses the decision timeline to 30 business days, is available for F and J students at a separate cost of $2,075, according to immigration attorneys who track USCIS fee changes. A student’s continued presence in the United States will depend not only on academic performance but on a separate federal immigration filing reviewed by an already backlogged agency, with processing times that routinely run four to fourteen months.
The rule also affects students and recent graduates participating in Optional Practical Training (OPT), and STEM OPT, work programs which extend a student’s stay past their initial program. Form I-9 compliance will also become more complicated. HR will have to not just look at employment authorization document expiration dates but also I-94 expiration dates, and school program end dates.
DHS included transition measures for individuals already present in the United States under the D/S system when the rule takes effect. Those already admitted in D/S status generally may remain through their current program period or up to four additional years, subject to the specific provisions outlined in the final rule.
Way forward
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Review client I-94 records immediately. Log into the CBP I-94 website and confirm your F-1 or J-1 client’s authorized stay period — it will now show a specific expiration date, not “D/S.”
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Consult with the Designated School Official (DSO). If a client’s program is expected to exceed four years (doctoral, extended medical, multi-degree), meet with their school’s international student office now to plan an Extension of Stay application well before the four-year clock expires.
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File OPT applications early. File I-765 applications up to 90 days before program end date to avoid gaps in work authorization. Account for USCIS processing delays (4–14 months) and consider premium processing ($2,075) if time-sensitive.
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Advise employers on I-9 verification changes. HR teams must now check I-94 expiration dates, not just employment authorization document expiration dates, during re-verification. Flag potential status lapses for F-1 and J-1 employees.
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Restrict academic changes for undergraduates. Counsel F-1 undergraduate clients that program, major, or education-level changes are prohibited in year one except in extenuating circumstances; graduate students face blanket prohibitions on such transfers without federal exemption.
Disclaimer
Fola Editorial is a software company, not a law firm, and this article is not legal advice. The substantive immigration law and policy described herein may change without notice. Always consult a licensed immigration attorney before advising clients or making immigration decisions based on this summary. Verify all policy details against the primary source linked above.