Ending Indefinite Stays: DHS Implements Four-Year Caps for F, J, and I Visas

The Department of Homeland Security announced a final rule Thursday that will replace indefinite stays for foreign students, exchange visitors, and foreign media representatives with fixed admission periods and federal review of extensions.

The policy ends the duration of status framework for F, J, and I visa classifications. F and J holders will receive admission tied to their programs, subject to a maximum of four years. I visa holders will face separate limits of 240 days, or 90 days for Chinese nationals.

The regulation will establish a fixed period of admission for these nonimmigrant categories. It will appear in the Federal Register in the next few days and take effect 60 days after publication.

Existing visa holders will move automatically into the new system. Their authorized stay will be capped at four years from the rule’s effective date.

DHS Secretary Markwayne Mullin said the change would restore direct federal oversight of people who have long been admitted without a specific end date.

“By implementing clear, finite limits on these visas, the United States is reclaiming its ability to properly screen, vet, and monitor individuals within our borders. This final rule ensures that foreign students remain focused on their primary purpose: completing their studies and returning home.”

Mullin said the previous system had allowed foreign students to remain in the country indefinitely by repeatedly enrolling in courses. He described that practice as a source of immigration fraud and a national security concern.

F and J programs will receive four-year maximums

Under the new rule, F visa students and J visa exchange visitors will be admitted for the length of their specific program. Neither category may exceed four years under the standard admission period.

The change targets what the administration calls “forever students.” Since 1978, foreign students have entered the United States for an unspecified period, allowing some to remain as long as they continued maintaining their status.

The previous framework did not place a specific expiration date on the I-94 arrival record. Students could remain enrolled, change programs, and continue their stays without applying for a routine federal extension tied to a fixed admission deadline.

DHS said the new limits will prevent students from perpetually enrolling in courses to avoid departure. The department also said the policy restores a system already used for many other nonimmigrant visa categories.

Foreign media representatives covered by I visas will not receive the same four-year maximum as F and J holders. Their admission will be limited to 240 days, with a 90-day limit for Chinese nationals.

USCIS will decide whether students get more time

Students and exchange visitors who need additional time will have to file an Extension of Stay, or EOS, application with U.S. Citizenship and Immigration Services. The process moves responsibility away from university staff and back to federal immigration authorities.

The review will include biometric vetting, background checks, and fraud screenings. Research on the rule also identifies social media reviews and closer examination of academic progress as part of the increased scrutiny students may face.

That process will apply when an academic program lasts beyond the admission period or a student needs extra time to finish. Approval will no longer depend only on continued enrollment recorded through the school system.

Higher education groups have raised concerns about the costs and administrative work created by the change. They argue that additional federal applications could make the United States less attractive to international talent.

The administration has presented the review as a safeguard against abuse. Mullin said the new system would allow the government to screen, vet, and monitor people more regularly while they remain in the country.

F-1 graduates will have 30 days to leave or change course

The rule cuts the post-completion grace period for F-1 students from 60 days to 30 days. The shorter window covers preparation for departure, school transfers, and changes of status after graduation.

Students will also face stricter limits on academic changes. The policy is designed to make it harder to move indefinitely between unrelated degree programs.

The restrictions address a practice DHS says enabled some students to extend their presence by repeatedly changing courses or programs. A student who needs more time must instead use the federal EOS process and undergo the related checks.

The new approach also changes how schools interact with federal immigration officials. University staff currently help maintain student records and report information through the government’s tracking system, but USCIS will handle extension decisions under the new framework.

SEVP will continue tracking schools and students

The Student and Exchange Visitor Program remains the link between DHS and the international student community. U.S. Immigration and Customs Enforcement manages SEVP as a component of DHS.

SEVP oversees schools, F and M nonimmigrant students, and their dependents on behalf of the department. It uses the Student and Exchange Visitor Information System to track schools, exchange visitor programs, and international students during their participation in the U.S. education system.

That monitoring role will continue even as extension authority shifts to USCIS. The rule therefore combines school-based tracking with a new federal application process for students who need additional time.

The policy also affects exchange visitors and foreign media representatives, although the admission limits differ by category. F and J applicants face the four-year ceiling, while I visa holders face the shorter media-related periods.

The transition begins after Federal Register publication

DHS plans to publish the regulation in the Federal Register in the next few days. The effective date will arrive 60 days after that publication, rather than on the July 16 announcement date.

Current F, J, and I holders will transition automatically when the rule takes effect. Their stays will be measured against a maximum of four years from that effective date under the transition framework.

Mullin said the administration intended to end a system that had operated for nearly half a century. The department’s stated goal is to require finite admissions, closer review, and departure after students complete their studies.

The Federal Register publication will start the 60-day countdown. It will also set the date from which existing holders’ four-year transition caps are calculated.