The U.S. Department of Homeland Security (DHS) is moving forward with a proposed immigration rule that could significantly change how certain nonimmigrant visa holders maintain lawful status in the United States.
The proposal would replace the current “Duration of Status” (D/S) framework with fixed admission periods for individuals in F-1, J-1, and I visa classifications. The rule is currently under review by the White House Office of Management and Budget (OMB) before potential publication as a final regulation.
What Is “Duration of Status” (D/S)?
Under the current immigration system, many F-1 students, J-1 exchange visitors, and I visa holders are admitted to the United States for “Duration of Status” rather than until a specific expiration date.
This means eligible individuals may remain in the U.S. as long as they:
- Remain in compliance with visa requirements
- Continue their approved academic or exchange program
- Maintain valid supporting documentation, such as Form I-20 or DS-2019
Their Form I-94 reflects “D/S” instead of a fixed expiration date.
What Would the Proposed Rule Change?
The DHS proposal would eliminate the D/S admission structure and instead admit affected individuals for a fixed period of stay with a specific end date reflected on the I-94 record.
According to prior versions of the proposal and current reporting, the rule may:
- Limit admission periods for many F-1 and J-1 beneficiaries to up to four years
- Require extension applications through USCIS if additional time is needed
- Introduce additional compliance and documentation requirements
- Reduce certain grace periods after program completion
However, the final text of the regulation has not yet been publicly released, meaning details could still change before implementation.
Current Status of the Rule
DHS has submitted the rule to OMB for regulatory review ahead of potential publication in the Federal Register.
Key Notes:
- The rule is not yet in effect
- No final implementation date has been officially announced
- The final version may differ from the earlier proposed language
Several immigration law sources indicate that the rule could potentially take effect later in 2026 once finalized and published, following the required implementation period.
Potential Impact on International Students and Exchange Visitors
If implemented, the proposed changes could affect:
- International students pursuing long-term academic programs
- STEM OPT participants
- Exchange visitors requiring program extensions
- Educational institutions managing SEVIS compliance
- Foreign media representatives on I visas
Critics argue the rule could create additional administrative burdens and uncertainty for students and universities, while DHS has stated the changes are intended to improve oversight and compliance monitoring.
Important Reminder
Currently, the rule remains under review and has not yet taken effect. F-1, J-1, and I visa holders should continue following current immigration regulations and maintain valid status documentation.
Individuals affected by the proposal should closely monitor official DHS and Federal Register announcements and consult qualified immigration professionals regarding case-specific concerns.
