- The DHS proposal ends open-ended Duration of Status for F-1, J-1, and I visa holders.
- Students and exchange visitors will face fixed 4-year admission caps with mandatory extension filings.
- New rules would reduce F-1 grace periods from 60 days down to only 30 days.
(US) — The Department of Homeland Security has submitted a final rule to the Office of Management and Budget that would end Duration of Status for F-1 students, J-1 exchange visitors and I visa holders, replacing the open-ended system with fixed admission periods capped at 4 years.
The submission, current as of May 7, 2026, marks the last review step before the rule can appear in the Federal Register. No effective date has been set, and the current Duration of Status system remains in place.
Under the proposal, admission would no longer last for the duration of an approved course of study or exchange program. Instead, the period of stay would tie to the program end date on Form I-20 or DS-2019, with a ceiling of 4 years.
The proposed rule was published in the Federal Register on August 28, 2025, under docket number 2025-16554. A 30-day public comment period ended on September 29, 2025, followed by a separate 60-day period on information collection instruments, including SEVIS, Forms I-20/DS-2019 and Form I-539, that ended on October 27, 2025.
After OMB clearance, the rule would return for publication and carry an implementation window of 30 to 60 days. NAFSA, the Association of International Educators, updated its regulatory information page on May 6, 2026 and said the proposal had advanced, but no effective date had been announced.
The shift would replace one of the defining features of student and exchange visitor admissions. Under Duration of Status, many F-1 and J-1 nonimmigrants remain in lawful status as long as they comply with the terms of their program, rather than holding an admission end date fixed years in advance.
DHS said the change would enhance “oversight, program integrity, and national security” by requiring extension requests through U.S. Citizenship and Immigration Services. That would move more students, exchange visitors and media representatives into a system of repeat filings, adjudications and biometrics collection.
English language training would face a separate limit. The proposal caps that study at an aggregate 24 months within the broader 4-year admission period.
Anyone needing more time would have to file Form I-539 with USCIS and submit biometrics, proof of financial resources and evidence that status had been maintained. Travel abroad would not preserve the earlier period of stay; re-entry would start a new fixed admission period.
Grace periods would also tighten. F-1 students now get 60 days after completing a program, but the proposal would cut that to 30 days, while the J-1 grace period would remain at 30 days.
The rule carries immediate consequences for unlawful presence. Under the proposal, unlawful presence would begin accruing as soon as the fixed stay and grace period expire, rather than under the current structure tied to Duration of Status.
That timing matters for re-entry bars written into immigration law. Unlawful presence of more than 180 days would trigger a 3-year bar, and unlawful presence of more than 1 year would trigger a 10-year bar.
DHS also proposed tighter restrictions on study plans. F-1 undergraduates would not be allowed to change educational objective, including level or major, or transfer schools during the first year.
Program changes after that point would still face limits. Multiple degrees or changes in program would need to fit within the fixed admission period rather than extending automatically through Duration of Status.
Students in practical training would fall under separate rules. F-1 status for people in OPT or STEM-OPT would continue until the end date on the employment authorization document, followed by a 60-day grace period.
The proposal also says students with pending non-OPT or non-STEM applications could remain until the end of the program plus 60 days. For people seeking a change of status, DHS would codify a policy already familiar in practice: if the applicant travels abroad while the request is pending, the change-of-status request is treated as abandoned.
The transition would differ for people already inside the United States and those arriving after the rule takes effect. Individuals already in the country on the effective date would remain protected until the end of their program or employment authorization document, up to a maximum of 4 years from the effective date, and could seek more time through Form I-539.
New admissions would receive a fixed end date on the I-94 at the port of entry, matched to the Form I-20 or DS-2019 and capped at 4 years. A student or exchange visitor who leaves after the effective date and returns would come back under that new fixed-period structure.
Universities and employers that depend on international students have focused on the administrative load built into the proposal. NAFSA said, “Institutions would face higher compliance costs and legal risks, enrollment impacts, and heavier advising burdens.“
Immigration law firms and employer advisers have pointed to the same cluster of issues. Fragomen has warned about biometrics, extension filings and faster accrual of unlawful presence, while Ogletree Deakins has noted strict limits and the evidence requirements tied to extension requests.
The proposal would also change the rhythm of compliance for students themselves. Instead of staying in status through continuing enrollment, many would need to track a fixed end date, decide whether more time is needed, assemble proof of finances and file before the admission period expires.
That creates a sharper distinction between academic planning and immigration status. A delayed graduation, change in academic path or interruption in exchange programming would no longer fit as easily within a flexible Duration of Status framework.
Nothing is final yet. OMB review can clear the rule for publication, and the text that appears in the Federal Register will set the final terms and start the 30- to 60-day countdown before the changes take effect.
Until that happens, the current system remains in force for F-1, J-1 and I nonimmigrants. The next formal signal will come when DHS publishes the final rule, turning a proposal first issued on August 28, 2025 into the timetable that schools, exchange sponsors and visa holders will have to follow.
