Proposed End of “Duration of Status” for F-1 & J-1 Visas

On August 28, 2025, the Department of Homeland Security (DHS) published a proposed rule that, among other changes, would end the long-standing policy of “Duration of Status” (D/S) for F and J nonimmigrants. 
 Under the current D/S system, F-1 students and J-1 scholars (and their dependents) are admitted with an I-94 that shows “D/S,” meaning they may remain in the United States as long as they maintain valid status (e.g., enroll in classes, maintain program eligibility).

✅ Who it applies to (if rule finalized):

F and J nonimmigrants (students, scholars, and dependents) whose future admissions or extensions would fall under the new rule, rather than the indefinite D/S system. 

✅ Key proposed changes:

• Fixed period of stay tied to program end date:  Instead of open-ended D/S, F and J would be admitted only until their program end date, not to exceed four years, plus a 30-day grace period.
• Grace period reduction:  The current 60-day grace period for F-1 students would be reduced to 30 days. 
• Extensions through USCIS:  To remain beyond the initial period, nonimmigrants would be required to apply to USCIS for extensions of stay.
• Restrictions on program changes and transfers:  Under the proposal, F-1 students would face limits on transferring institutions, changing majors or educational levels without prior approval, particularly in early years of study. 
• Loss of grace period after extension denial:  If an extension of stay is denied after the fixed period expires, individuals would have to depart immediately rather than having a grace window. 

✅ Why this matters:

• Many international students and exchange visitors plan their stay based on flexible timelines.  This change would enforce stricter deadlines.
• The proposal significantly reduces flexibility, requiring more active management of status and likely increasing the administrative burden.
• Dependent family members may also be affected.
• Since this is currently only a proposal, the exact provisions may shift based on public comment and further regulatory review.

Please note:  This rule is not yet in effect.  Public comments were due by September 29, 2025.  DHS will now review feedback before finalizing any changes.

If you are an F-1 or J-1 visa holder (or dependent) and uncertain how this proposed rule might affect your status, we can help you assess potential risks and prepare alternative plans.

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help.  At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.
​
The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice.  To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].