United States: DHS Proposal to Replace Duration of Status Designation with Fixed Periods of Stay for F, J, and I Nonimmigrants Clears Federal Review
August 8, 2025
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At a glance
- A Department of Homeland Security proposed rule that would seek to subject international students, exchange visitors, and representatives of foreign information media to fixed periods of stay, has been cleared by the Office of Management and Budget (OMB).
- The next step for the proposal is publication in the Federal Register for public feedback.
- The specific content of the proposal will not be known until publication, including whether the rule mirrors a 2020 Trump-era proposed rule of the same name.
- The proposal would not take effect unless and until it undergoes a public comment period and moves through the final stages of rulemaking, which can take several months.
The issue
A Department of Homeland Security (DHS) proposed rule seeking to replace the current “duration of status” (D/S) admission policy for international students (F status), exchange visitors (J status), representatives of foreign information media (I status), and their dependents with a policy that would set a finite period of authorized stay, has cleared the federal review process, bringing the regulation closer to publication in the Federal Register. The rule was submitted to the Office of Management and Budget (OMB) for review five weeks ago.
The specific content of the proposed rule is unknown and will remain so until the regulation is released for publication in the Federal Register. However, a proposed rule of the same name was issued in 2020 during the first Trump administration, and sought to limit F, J, and I nonimmigrants to a specific period of stay and to require them to apply for an extension of stay should they need more time to complete their program, employment, or assignment.
This possible change to D/S admission procedures would also result in a change to current policies related to unlawful presence for F, J, and I nonimmigrants, likely making them subject to the accrual of unlawful presence in the same way as other nonimmigrant categories. Currently, F, J, and I nonimmigrants only begin to accrue unlawful presence after USCIS formally finds a nonimmigrant status violation or an immigration judge orders the applicant excluded, deported or removed. Other nonimmigrant categories begin to accrue unlawful presence after the last date of their finite authorized stay, except in a narrow set of circumstances.
What’s next
It is expected that the proposed regulation will be released for publication in the Federal Register in the coming days or weeks. DHS would be expected to accept public comments on the proposal for either 30 or 60 days after publication. After considering the comments, the agency would then publish a final version of the rule, which will include an implementation timeframe. There is no set timeframe for publication of a final rule, though the process typically takes several months or more.
Fragomen is closely following the progress of the proposed regulation and will provide an analysis once it is released for publication. If your organization wishes to submit comments on the forthcoming proposal, please contact your designated Fragomen professional or the firm’s Government Strategies and Compliance Group.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
