Important Updates
Important Updates
February 13, 2026 | United States, EthiopiaUnited States: Termination of Ethiopia TPS Stayed for Now
February 13, 2026 | South AfricaSouth Africa: Electronic Travel Authorization Requirement Updates
February 13, 2026 | ThailandThailand: New Rules Forthcoming for Board of Investment-Promoted Companies
February 13, 2026 | United StatesTimes of India: The 2027 H-1B Season: Revised Strategies for Sponsoring Employers and Implications for Aspirants
February 13, 2026 | United StatesUnited States: Temporary Funding for DHS Could Lapse After Midnight, Though Immigration Benefits Processing Would Continue
February 13, 2026 | United States, EthiopiaUnited States: Termination of Ethiopia TPS Stayed for Now
February 13, 2026 | South AfricaSouth Africa: Electronic Travel Authorization Requirement Updates
February 13, 2026 | ThailandThailand: New Rules Forthcoming for Board of Investment-Promoted Companies
February 13, 2026 | United StatesTimes of India: The 2027 H-1B Season: Revised Strategies for Sponsoring Employers and Implications for Aspirants
February 13, 2026 | United StatesUnited States: Temporary Funding for DHS Could Lapse After Midnight, Though Immigration Benefits Processing Would Continue
February 13, 2026 | United States, EthiopiaUnited States: Termination of Ethiopia TPS Stayed for Now
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

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

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

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.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

Time to Act: Three Key Questions for Employers Ahead of March 1 Remuneration Increases for Employment Permits in Ireland

Immigration Director Deirdre Murray explores the impact of upcoming employment permit changes on employers and workforce planning in Ireland. 

Learn more

Video

Global Entry | #MobilityMinute

Director David Iannella discusses how Global Entry can help frequent business travelers navigate US entry more predictably and access TSA PreCheck.

Learn more

Video

London Fashion Week 2026

Manager Russell Hodges and Associate Gurpreet Phalora explain key UK immigration considerations for London Fashion Week 2026.

Learn more

Advisory services

The EU Blue Card Recast Through the Employer Lens

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm explore the EU Blue Card recast and its impact for employers, highlighting how hiring, retention and mobility decisions are affected. 

Learn more

Media mentions

Times of India: The 2027 H-1B Season: Revised Strategies for Sponsoring Employers and Implications for Aspirants

Partner James Pack on US H‑1B updates and what employers should know for the upcoming lottery.

Learn more

Immigration analysis

Applying for Swiss Citizenship: When Timing and Eligibility Matter

Manager Konstantin Schmid provides a practical overview of Swiss citizenship routes, eligibility rules and common reasons applications are delayed or refused. 

Learn more

Media mentions

CNN: These Americans Are Clinging to Hope for Italian Citizenship

Manager Pierangelo D’Errico discusses how recent changes to Italy’s citizenship rules are affecting applicants with Italian ancestry.

Learn more

Podcast

Space for Everyone: Women in Space - Breaking Barriers, Shaping the Future

Director Laxmi Limbani discusses how women are shaping the global space sector, the barriers they face and what is needed to support a more inclusive space workforce.

Learn more

Media mentions

Games Industry: Tightening Immigration Rules Will Impact the Games Industry in 2026

Senior Manager William Diaz outlines how immigration changes in the US and UK may affect workforce planning and mobility for the games industry in 2026.

Learn more

Media mentions

Global Mobility Lawyer: Talent Fault Line: How Modern Risks Are Reshaping Global Mobility

Partner Julia Onslow-Cole highlights how global mobility is becoming a strategic, board-level consideration requiring careful planning, compliance and workforce management.

Learn more

Video

Ireland Employment Permit Salaries: Hiring and Renewal Risks for Employers

Director Fatima Aydin outlines Ireland’s roadmap for increasing minimum annual remuneration salary thresholds and the implications for employer workforce planning and compliance.

Learn more

Video

Samba, Stamps and Seleção: Moving Football Across South America | #FragomenFC - Ep. 14

In this episode of the Fragomen FC, Partner Rick Lamanna, Senior Manager Jake Paul Minster, Manager Gustavo Kanashiro and Manager Sergio Flores discuss how immigration systems across the Americas shape football mobility, compliance and cross-border movement throughout South America.

Learn more

Blog post

Time to Act: Three Key Questions for Employers Ahead of March 1 Remuneration Increases for Employment Permits in Ireland

Immigration Director Deirdre Murray explores the impact of upcoming employment permit changes on employers and workforce planning in Ireland. 

Learn more

Video

Global Entry | #MobilityMinute

Director David Iannella discusses how Global Entry can help frequent business travelers navigate US entry more predictably and access TSA PreCheck.

Learn more

Video

London Fashion Week 2026

Manager Russell Hodges and Associate Gurpreet Phalora explain key UK immigration considerations for London Fashion Week 2026.

Learn more

Advisory services

The EU Blue Card Recast Through the Employer Lens

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm explore the EU Blue Card recast and its impact for employers, highlighting how hiring, retention and mobility decisions are affected. 

Learn more

Media mentions

Times of India: The 2027 H-1B Season: Revised Strategies for Sponsoring Employers and Implications for Aspirants

Partner James Pack on US H‑1B updates and what employers should know for the upcoming lottery.

Learn more

Immigration analysis

Applying for Swiss Citizenship: When Timing and Eligibility Matter

Manager Konstantin Schmid provides a practical overview of Swiss citizenship routes, eligibility rules and common reasons applications are delayed or refused. 

Learn more

Media mentions

CNN: These Americans Are Clinging to Hope for Italian Citizenship

Manager Pierangelo D’Errico discusses how recent changes to Italy’s citizenship rules are affecting applicants with Italian ancestry.

Learn more

Podcast

Space for Everyone: Women in Space - Breaking Barriers, Shaping the Future

Director Laxmi Limbani discusses how women are shaping the global space sector, the barriers they face and what is needed to support a more inclusive space workforce.

Learn more

Media mentions

Games Industry: Tightening Immigration Rules Will Impact the Games Industry in 2026

Senior Manager William Diaz outlines how immigration changes in the US and UK may affect workforce planning and mobility for the games industry in 2026.

Learn more

Media mentions

Global Mobility Lawyer: Talent Fault Line: How Modern Risks Are Reshaping Global Mobility

Partner Julia Onslow-Cole highlights how global mobility is becoming a strategic, board-level consideration requiring careful planning, compliance and workforce management.

Learn more

Video

Ireland Employment Permit Salaries: Hiring and Renewal Risks for Employers

Director Fatima Aydin outlines Ireland’s roadmap for increasing minimum annual remuneration salary thresholds and the implications for employer workforce planning and compliance.

Learn more

Video

Samba, Stamps and Seleção: Moving Football Across South America | #FragomenFC - Ep. 14

In this episode of the Fragomen FC, Partner Rick Lamanna, Senior Manager Jake Paul Minster, Manager Gustavo Kanashiro and Manager Sergio Flores discuss how immigration systems across the Americas shape football mobility, compliance and cross-border movement throughout South America.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.