Homeland Security Proposes Fixed Visa Terms, Threatening Optional Practical Training

DHS proposes replacing 'duration of status' with fixed stay limits for F, J, and I visas in 2026, requiring formal USCIS extensions for longer degrees.

Homeland Security Proposes Fixed Visa Terms, Threatening Optional Practical Training
Key Takeaways
  • The DHS proposal would eliminate duration of status for F, J, and I visa holders in 2026.
  • Students may face a four-year maximum admission period, requiring formal extensions for longer degree programs.
  • New rules would increase filing burdens and costs for international students and research scholars.

(UNITED STATES) — The Department of Homeland Security proposed replacing the long-standing duration of status system for F, J, and I visa holders with fixed admission periods, a change that could alter how international students plan degrees, research timelines and post-study work in the United States.

DHS published the proposal in the Federal Register on August 28, 2025. A final rule has not yet been published, and the final text could differ from the proposal now under review.

Homeland Security Proposes Fixed Visa Terms, Threatening Optional Practical Training
Homeland Security Proposes Fixed Visa Terms, Threatening Optional Practical Training

The shift would reach beyond a technical change on immigration records. Students who now remain in the country as long as they keep valid status, stay enrolled and make normal academic progress could instead face a set admission clock, with added filings if their programs run longer.

Under the current system, many F-1 students are admitted for duration of status, often marked as D/S on the I-94 record. That allows them to stay in the United States while they follow the rules of the visa category, maintain full-time enrollment, keep a valid Form I-20, make normal academic progress and comply with employment rules.

Universities use that flexibility to account for the reality of academic life. Research can take longer than expected, thesis work can expand, medical issues can interrupt a semester, and a change in academic direction can push a student past an original completion date.

The proposed rule would replace that open-ended framework with a fixed period of admission. For many F and J visa holders, the period could be tied to the length of the academic or exchange program, with a maximum admission period of up to four years.

Students who need more time would likely have to seek approval from U.S. Citizenship and Immigration Services rather than rely only on a university-issued extension. That would move more responsibility from campus international offices to the federal government.

Fragomen, the immigration law firm, said DHS has submitted a final regulation for Office of Management and Budget review, one of the last steps before a final rule can be published. Fragomen also said the final text will not be known until it is released for publication in the Federal Register.

That leaves universities, students and parents preparing for a rule whose broad direction is known, but whose final wording is not. Small changes in the published version could shape who needs an extension, when that filing must happen and how any grace period would work.

A fixed-period system would bring new filing burdens for students whose programs run long. Extension requests could require fees, biometrics and months of adjudication, adding uncertainty at the very moment a student is trying to finish a degree, defend a dissertation or move into approved practical training.

Processing delays would carry academic consequences. A pending extension could affect course registration, housing decisions, research schedules, assistantships and travel plans, while a missed filing deadline could bring sharper immigration consequences than under the current D/S model.

Fragomen warned that, if finalized as proposed, F, J, and I nonimmigrants may need to apply for an extension of stay and complete biometrics screening to continue beyond the fixed admission period. The firm also said unlawful presence rules could change if a person remains beyond the authorized fixed period.

Pressure would likely fall hardest on graduate and research students. A standard undergraduate degree may fit more easily within a four-year structure, though even undergraduates can lose time because of transfer credits, major changes, medical leave, financial setbacks or course availability.

PhD programs often take five to seven years. Medical training, research-based master’s degrees, law-related academic paths and advanced STEM programs also stretch beyond neat timelines, which means immigration planning could start much earlier in a student’s academic career.

Departments that once depended on internal academic adjustments may need tighter coordination with international student offices. A delayed lab result, a postponed dissertation review or an added research term could become an immigration event, not simply an academic one.

Families would feel those pressures in their budgets. Tuition, housing, insurance, travel, attorney consultations and other costs could rise if students must file repeated extension requests or make backup plans while waiting for USCIS decisions.

Those calculations already matter in countries where families invest heavily in U.S. education. A student entering a long doctoral program may now have to ask not only what the degree costs, but how often immigration filings could interrupt that plan and what support a university will provide if federal timelines tighten.

Optional Practical Training, the main post-study work route for many F-1 students, could also face new timing questions. OPT allows eligible students to gain work experience in their field after completing a degree, while STEM OPT gives qualifying graduates in science, technology, engineering and mathematics additional work authorization.

If DHS adopts a fixed-period approach, the timing of program completion, grace periods, OPT filing and any extension request could become more rigid. The final rule text will determine whether Optional Practical Training remains unchanged, becomes harder to time correctly or requires more exact coordination with the student’s period of admission.

Students already in the United States can prepare by checking the immigration documents that control their status. That means reviewing the I-94 admission notation, passport expiration date, visa category, SEVIS information, the end date on Form I-20 or DS-2019, expected graduation timing and any plan for OPT or STEM OPT.

Academic changes also carry more weight in this environment. Students considering a reduced course load, a change of major, international travel or post-completion work planning would need to speak early with a Designated School Official, because those decisions can affect status dates even under the current system.

Applicants outside the country who are preparing for Fall 2026 or later face a separate problem: choosing a program before the final regulation is published. They will need to watch updates from the Department of Homeland Security, USCIS, ICE SEVP and university international offices as schools explain how they would handle a fixed-period system.

Families comparing countries may widen that search. Canada, the United Kingdom, Australia, Ireland, New Zealand, Germany and other destinations with post-study work routes already compete for many of the same students, and immigration predictability can matter as much as tuition or ranking in that decision.

Universities themselves could face a larger compliance load. International offices may see heavier demand for travel guidance, status reviews, deadline reminders, extension support and document updates, while graduate departments may have to communicate more clearly with admitted students about program length and institutional support.

The federal government argues that fixed periods of admission would improve oversight and reduce abuse in student, exchange visitor and media visa categories. The Federal Register proposal states that DHS sought to change the admission period for F, J, and I classifications from duration of status to a fixed time period.

Critics say the same change risks making the United States less attractive to international students who already comply with visa rules. They also warn that routing more extension cases to USCIS could add workload for an agency that would then decide matters universities now handle through status maintenance and school records.

The practical effect reaches beyond campus immigration offices. International students bring tuition revenue, research labor, classroom diversity and long-term professional ties, and any system that makes program completion harder to predict can shape where students decide to study in the first place.

A student trying to gauge the risk now has a straightforward checklist: visa category, I-94 notation, passport validity, current Form I-20 or DS-2019 end date, expected graduation date, whether the program commonly runs beyond four years, any Optional Practical Training plan, international travel and any pending change of status or extension filing.

DHS has not published the final rule, so duration of status remains in place for now. If the proposal survives largely intact, immigration planning will begin to sit alongside course planning from a student’s first semester, especially in long research programs where time is rarely fixed and deadlines rarely move in a straight line.

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Sai Sankar

Sai Sankar is a law postgraduate with over 30 years of extensive experience in various domains of taxation, including direct and indirect taxes. With a rich background spanning consultancy, litigation, and policy interpretation, he brings depth and clarity to complex legal matters. Now a contributing writer for Visa Verge, Sai Sankar leverages his legal acumen to simplify immigration and tax-related issues for a global audience.

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