DHS Proposes Ending ‘Duration of Status’ for Students, Capping Stays

(WASHINGTON, DC) The Trump Administration on Wednesday proposed a new rule that would end indefinite stays for many international visitors and, for the first time in decades, set a firm time limit on how long most foreign students can remain in the United States 🇺🇸 without a fresh check by immigration officers. If finalized, the rule would end the long-standing “duration of status” practice for F students and J exchange visitors, cap stays at up to four years tied to a person’s program, and require extensions through U.S. Citizenship and Immigration Services (USCIS) if more time is needed. The Department of Homeland Security (DHS) says this change is meant to curb visa abuse while giving the agency more chances to review people’s records during their time in the country.

“For too long, past Administrations have allowed foreign students and other visa holders to remain in the U.S. virtually indefinitely, posing safety risks, costing untold amount of taxpayer dollars, and disadvantaging U.S. citizens,” a DHS spokesperson said in announcing the policy. “This new proposed rule would end that abuse once and for all by limiting the amount of time certain visa holders are allowed to remain in the U.S., easing the burden on the federal government to properly oversee foreign students and their history.”

Since 1978, many students have been admitted under the label “duration of status” (often shown as D/S). Unlike most temporary visas with a set end date, D/S lets a person stay as long as they retain valid student or exchange status, without a set exit date or a routine USCIS check. The Administration argues some people have turned that flexibility into multi‑year stays by remaining enrolled or switching programs repeatedly. Supporters say fixed end dates will close that gap; critics say the open‑ended period matches the needs of complex academic paths.

Policy changes — what the proposal would do

• The proposal was announced August 27, 2025, and would:
  • Replace D/S with a fixed period of admission tied to the length of the academic or exchange program, but not to exceed four years.
  • Provide a 30‑day grace period after the program ends for departure preparation.
  • Require anyone needing more time to file for an extension with USCIS and clear a new DHS review before the initial stay expires.
• For foreign media (I classification):
  • Initial admission up to 240 days.
  • Extensions possible in additional 240‑day increments, but never beyond the media assignment itself.
  • Journalists must show the assignment continues and that they meet visa rules at each extension.

A central feature is the shift to regular DHS checks, enforced in part through USCIS extension filings and closer use of the Student and Exchange Visitor Program (SEVP) and the Student and Exchange Visitor Information System (SEVIS). By moving these visitors to defined end dates, DHS says it can perform periodic vetting when people seek extra time.

For background on compliance programs, DHS directs schools and sponsors to official SEVP/SEVIS guidance maintained by U.S. Immigration and Customs Enforcement, available at ICE SEVP and SEVIS.

Extensions and filing process

• Extensions would be requested through Form I-539, Application to Extend/Change Nonimmigrant Status.
  • Form details and filing instructions are available at USCIS Form I-539.
• Key procedural points:
  • Applicants must file before the current stay ends.
  • Maintain status during the review: stay enrolled, follow program rules, and meet reporting duties.
  • Timely filers could remain in the U.S. while USCIS decides; late filers risk falling out of status and losing work or study privileges.
• DHS argues this check-in keeps records current and reduces long gaps without review.

Rulemaking timeline and public comment

• The Administration plans to publish the proposed rule in the Federal Register on August 28, 2025.
• Comment windows:
  • 30‑day public comment window on the rule text.
  • 60‑day comment window on related information collections affecting SEVIS and USCIS forms.
• After comments close, DHS will review submissions, consider revisions, and later publish a final rule. Current rules remain in effect until a final rule is issued.

Historical and political context

• The policy echoes a Trump Administration idea first floated in 2020; that earlier effort was withdrawn by the Biden Administration in 2021.
• The White House frames the move as tightening visa controls to prevent “forever students.” Universities and advocates counter that most international students follow rules and contribute economically and academically.
• The proposal arrives amid other immigration actions by the Administration, including travel restrictions and policies affecting students from certain countries, drawing varied reactions from rights groups, universities, and political leaders.

Impact on students, sponsors, media, and employers

For F students

• The four‑year cap may affect degree planning, transfers, and post‑graduation training.
• Students in longer programs must:
  1. Track their initial end date.
  2. File Form I-539 before that date if more time is needed.
  3. Maintain enrollment and have funding and progress documentation ready.
• Critics fear added cost, paperwork, and disruption if USCIS processing delays occur.

For J exchange visitors

• Fixed end dates replace many D/S arrangements where sponsors previously managed extensions.
• Sponsors will still update SEVIS, but visitors may also need a USCIS extension if program end dates extend beyond the initial admission.

For I visa media workers

• Initial entry of up to 240 days, with extensions tied to demonstrated ongoing assignments.
• Newsrooms must plan for mid‑assignment USCIS filings to avoid gaps.

Institutional effects

• DSOs (Designated School Officials) and ROs (Responsible Officers) will likely:
  • Provide more advising, prepare support letters, and schedule reminders.
  • Expect increased requests for enrollment verification and progress reports.
• USCIS workload could rise due to extra extension filings; the agency has not proposed premium processing or special handling in the rule text.
• VisaVerge.com analysis warns processing timelines and staffing may be tested unless USCIS adds resources.

Reactions, legal risks, and stakeholder concerns

• Supporters argue the change reduces safety risks, curbs abuse, and saves taxpayer dollars.
• Advocates and legal observers worry:
  • The rule could force mid‑degree departures if filers miss deadlines or face delays.
  • The final rule may face court challenges similar to earlier Trump-era immigration actions.
• Legal challenges will likely focus on DHS’s rationale, the data supporting the change, procedural compliance, and whether the policy aligns with congressional law.

Practical checklist — preparing now

• Mark the initial admission end date shown on your entry record and school/program documents; set early reminders.
• If your program extends beyond the initial admission:
  • Talk with your school/sponsor early.
  • Plan to file Form I-539 with USCIS; use USCIS Form I-539 for instructions.
• Keep enrollment and funding proof current (school letters, schedules, evidence of participation).
• If you change schools, majors, or levels:
  • Work with your DSO or RO promptly—SEVIS updates remain required.
  • You may also need a USCIS extension if the new plan exceeds your end date.
• For foreign media:
  • Coordinate with your newsroom around the 240‑day limit and prepare employer letters and credentials before extensions.
• Always file any extension request before your authorized stay expires.

Examples showing how the rule would work in practice

• Lina — a second‑year engineering Ph.D. student (5‑year program):
  • Initial admission could cover up to four years plus a 30‑day grace period.
  • Before year four ends, Lina must file Form I-539 with university proof of progress to remain while USCIS decides.
• Dr. Ahmed — a J research scholar on a two‑year project with a new grant:
  • Today, sponsors can extend under D/S. Under the proposal, he would need a USCIS extension before the fixed end date if the grant extends his stay.
• Mei — a foreign media reporter on a one‑year assignment:
  • Entry could grant 240 days, with a mid‑assignment extension needed to cover the remainder of the reporting assignment.

What institutions are doing and next steps

• Universities: building reminders into portals, preparing sample support letters, and planning for heavier advising workloads.
• Sponsors and employers: aligning training, clinical rotations, and hiring with fixed end dates.
• DHS: argues the rule will improve oversight and reduce long-term unvetted stays.
• Stakeholders: preparing for both the rule as proposed and possible changes after the comment period.

Important deadlines:
– Publication in the Federal Register: August 28, 2025
– 30‑day comment window on rule text
– 60‑day comment window on related information collections

Whether the final rule remains close to this draft or changes after public input, the consequences are significant for students, researchers, exchange visitors, media workers, and the institutions that host them. Advance planning—tracking end dates, preparing documentation, and filing extensions before expiration—will be the key way to reduce disruption if the rule becomes final.

For official guidance and filing instructions, see:
– ICE SEVP and SEVIS
– USCIS Form I-539