DHS Proposes Rule to End Duration-of-Status Admissions Policy for Students, Exchange Visitors, and Foreign Media Representatives

On August 27, 2025, the Department of Homeland Security announced a proposed rule to end the “duration of status” (D/S) admissions policy for F-1 (student), J-1 (exchange visitor), and I-1 (foreign media) nonimmigrants. The proposed rule would transition current F-1s and J-1s on D/S to a maximum four-year admission as of the effective date of the final rule. Unlike most nonimmigrants, who are admitted for a set period, F, J, and most I nonimmigrants are currently admitted for D/S as long as they comply with the terms of their status.

Details of the proposed changes include:

• Fixed dates of admission for F-1 and J-1 nonimmigrants: F-1s and J-1s would no longer be admitted for D/S. Instead, they would be admitted for a fixed date range, not to exceed four years or their program length.

• Transition rules for F-1 and J-1 nonimmigrants in the United States: F-1s and J-1s currently in valid status within the United States would have valid status up through the program end date on their I-20 or DS-2019, on the date the final rule would be effective, not to exceed four years from the final rule’s effective date.
  • For those who leave the United States during the pendency of a timely filed extension of status, upon seeking admission, their specific circumstances will determine whether they are limited to the maximum four years or a period previously authorized.

• Fixed dates of admission for I-1 foreign media representatives: I-1s would be admitted for a maximum of 240 days, or 90 days for Chinese nationals (not including Hong Kong/Macau).

• Extension of status required: These nonimmigrants would need to timely file an extension of status to extend their stay.

• • F-1s who timely file an extension of status would be considered as remaining in status until U.S. Citizenship and Immigration Services (USCIS) adjudicates the extension. While a timely filed extension is pending, Optional Practical Training, Curricular Practical Training, or hardship-based work authorization would be extended for a maximum of 240 days.
  • J-1s who timely file an extension of status would be considered as remaining in status for either a maximum of 240 days or until USCIS adjudicates the extension, depending on the circumstances.

• Grace period reduction for F-1: The “grace period” for F-1s to leave the United States would be reduced from 60 days to 30 days.

• F-1 program restrictions: F-1 students would face restrictions in changing programs, and graduate students would be prohibited from doing so.

Comments on the proposed rule are due by October 27, 2025.

This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact our Attorney, Catherine Betancourt at catherine@flynnhodkinson.com.