The End of "Duration of Status"

 

The Department of Homeland Security (DHS) has proposed a major rule change that would end the long-standing practice of "duration of status" (D/S) for F-1 foreign students and J-1 exchange visitors. Instead, international students and exchange scholars would be admitted to the U.S. for a set period, generally capped at four years, after which they would need to apply for an extension or depart the country.

Key Points of the DHS Proposal

End of "Duration of Status" (D/S): F-1 and J-1 visa holders are currently admitted for as long as they maintain full-time enrollment or participation in approved activities, without a set end date. 

Fixed Period Admissions: Under the proposal, admission would match the program end date listed on Form I-20 (for F-1) or DS-2019 (for J-1), but not exceed four years, plus a short grace period (30 days for departure).

Extensions Required: Students or scholars needing additional time must apply directly to DHS for an extension of stay before their authorized period ends.

Transition for Current Students/Visitors: Those already in the U.S. on D/S could remain until their program end date, but for no more than four years from the rule’s effective date, and would also need to seek an extension to stay longer.

Shorter Grace Period: The F-1 visa grace period after program completion would be cut from 60 days to 30 days, matching the J-1 and M-1 categories.

Other Related Changes: The proposal also adjusts rules on multiple degrees, changes of schools or programs, and the accrual of unlawful presence.

Impact of the Proposed Change

The new rule increased uncertainty for international students, particularly those in longer programs or seeking Optional Practical Training, would face uncertainty and must plan for mid-program status extensions.

There is also the issue of program duration mismatches.  The National Center for Education Statistics finds the median time to complete a bachelor's degree in the U.S. is about 4.3 years, and the median for a Ph.D. is nearly 5.7 years, so many students would be impacted by the four-year cap.  More frequent extension requests would increase workload for both students and university administrators.  The USCIS' workload will also increase.

What's Next

The DHS proposal, if implemented, would mark a fundamental change to U.S. visa policy for international students and scholars, introducing fixed deadlines and potentially reshaping the global landscape for higher education.  The rule is open for public comment until September 29, 2025, and educational institutions and advocacy groups are expected to weigh in.  Although there may be some minor changes to the proposal, the main portions of the rule will likely be implemented.  International students and scholars should plan their immigration journey accordingly. 


(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)