• 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

Generic Insights

Fragomen news

2026年10月 米国移民法ダイジェストLearn more

Awards

Fragomen Recognized in 2027 Best Law Firms® Rankings in the United States

Fragomen has been recognized in the 2027 edition of Best Law Firms®, earning a National Tier 1 ranking in Immigration Law and 16 regional rankings across the United States.

Learn more

Media mentions

Global Underwater Hub: The Specialist Skills Needed to Deliver Future Offshore Projects

Director Kelly Hardman explores how early UK immigration planning and investment in domestic skills can help offshore businesses access the specialist expertise needed to deliver future projects.

Learn more

Media mentions

SHRM: Why ‘Hush Trips’ Can Pose Big Risks for Employers and Workers

Senior Counsel Jo Antoons explains the immigration, social security, insurance, employment law and tax risks that undisclosed international remote work can create for employers.

Learn more

Blog post

UK Earned Settlement: When Immigration Status Becomes an Incentive for Growth and Compliance

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what the framework could mean for employers, including potential impacts on sponsorship costs, retention planning, employee communications and support for internationally mobile workers and their families.

Learn more

Blog post

What the 2026 Midterm Election Results Mean for U.S. Business Immigration and Employers

In a new blog, Partner K. Edward Raleigh examines what the election results could mean for employers and where businesses should focus now, from immigration compliance and workforce planning to state response procedures and preparation for increased scrutiny.

Learn more

Media mentions

The PIE: UK to Increase HPI Visa Cap and Expand Eligibility to 150 Universities

Manager Russell Hodges discusses how the HPI visa expansion could help UK employers attract global talent.

Learn more

Fragomen news

Fragomen Expands Asia Pacific Presence with New Vietnam Offices

Fragomen has opened new offices in Hanoi and Ho Chi Minh City, expanding its presence and immigration capabilities across Asia Pacific.

Learn more

Media mentions

Human Resources Director: Global Mobility Risk Can No Longer Be an HR Afterthought

Partner Jack Kim discusses how organizations can take a more strategic approach to global mobility through actionable intelligence, proactive workforce planning and preparation for geopolitical disruptions.

Learn more

Blog post

UK Budget 2026: What the Government’s Immigration Plans Mean for Employers

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what this direction could mean for employers, including why access to international talent may increasingly be considered alongside investment, productivity, innovation, regional growth and long-term workforce development.

Learn more

Video

UAE – Demographic Diversity Requirements | #MobilityMinute

The UAE’s demographic diversity requirements are designed to encourage a more diverse workforce among companies operating in the mainland jurisdiction. In this Mobility Minute, Manager Devika Thamattat explains the requirements, potential consequences of noncompliance and steps employers can take to help maintain the required nationality balance.

Learn more

Media mentions

Global Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers

Partner K. Edward Raleigh explains how proposed changes to the H-1B salary exemption threshold could affect US employers’ hiring practices and why enactment this year remains unlikely.

Learn more
Generic Insights

Fragomen news

2026年10月 米国移民法ダイジェストLearn more

Awards

Fragomen Recognized in 2027 Best Law Firms® Rankings in the United States

Fragomen has been recognized in the 2027 edition of Best Law Firms®, earning a National Tier 1 ranking in Immigration Law and 16 regional rankings across the United States.

Learn more

Media mentions

Global Underwater Hub: The Specialist Skills Needed to Deliver Future Offshore Projects

Director Kelly Hardman explores how early UK immigration planning and investment in domestic skills can help offshore businesses access the specialist expertise needed to deliver future projects.

Learn more

Media mentions

SHRM: Why ‘Hush Trips’ Can Pose Big Risks for Employers and Workers

Senior Counsel Jo Antoons explains the immigration, social security, insurance, employment law and tax risks that undisclosed international remote work can create for employers.

Learn more

Blog post

UK Earned Settlement: When Immigration Status Becomes an Incentive for Growth and Compliance

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what the framework could mean for employers, including potential impacts on sponsorship costs, retention planning, employee communications and support for internationally mobile workers and their families.

Learn more

Blog post

What the 2026 Midterm Election Results Mean for U.S. Business Immigration and Employers

In a new blog, Partner K. Edward Raleigh examines what the election results could mean for employers and where businesses should focus now, from immigration compliance and workforce planning to state response procedures and preparation for increased scrutiny.

Learn more

Media mentions

The PIE: UK to Increase HPI Visa Cap and Expand Eligibility to 150 Universities

Manager Russell Hodges discusses how the HPI visa expansion could help UK employers attract global talent.

Learn more

Fragomen news

Fragomen Expands Asia Pacific Presence with New Vietnam Offices

Fragomen has opened new offices in Hanoi and Ho Chi Minh City, expanding its presence and immigration capabilities across Asia Pacific.

Learn more

Media mentions

Human Resources Director: Global Mobility Risk Can No Longer Be an HR Afterthought

Partner Jack Kim discusses how organizations can take a more strategic approach to global mobility through actionable intelligence, proactive workforce planning and preparation for geopolitical disruptions.

Learn more

Blog post

UK Budget 2026: What the Government’s Immigration Plans Mean for Employers

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what this direction could mean for employers, including why access to international talent may increasingly be considered alongside investment, productivity, innovation, regional growth and long-term workforce development.

Learn more

Video

UAE – Demographic Diversity Requirements | #MobilityMinute

The UAE’s demographic diversity requirements are designed to encourage a more diverse workforce among companies operating in the mainland jurisdiction. In this Mobility Minute, Manager Devika Thamattat explains the requirements, potential consequences of noncompliance and steps employers can take to help maintain the required nationality balance.

Learn more

Media mentions

Global Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers

Partner K. Edward Raleigh explains how proposed changes to the H-1B salary exemption threshold could affect US employers’ hiring practices and why enactment this year remains unlikely.

Learn more
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • 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
Important Updates
Important Updates
November 5, 2026 | Saudi ArabiaSaudi Arabia: Minimum Salary Thresholds for Nitaqat Saudization Calculations to Increase
November 5, 2026 | Japan, United States2026年10月 米国移民法ダイジェスト
November 5, 2026 | AustraliaAustralia: Stricter Application Requirements Introduced for Training Visa
November 5, 2026 | United StatesFragomen Recognized in 2027 Best Law Firms® Rankings in the United States
November 5, 2026 | United KingdomGlobal Underwater Hub: The Specialist Skills Needed to Deliver Future Offshore Projects
November 5, 2026 | Saudi ArabiaSaudi Arabia: Minimum Salary Thresholds for Nitaqat Saudization Calculations to Increase
November 5, 2026 | Japan, United States2026年10月 米国移民法ダイジェスト
November 5, 2026 | AustraliaAustralia: Stricter Application Requirements Introduced for Training Visa
November 5, 2026 | United StatesFragomen Recognized in 2027 Best Law Firms® Rankings in the United States
November 5, 2026 | United KingdomGlobal Underwater Hub: The Specialist Skills Needed to Deliver Future Offshore Projects
November 5, 2026 | Saudi ArabiaSaudi Arabia: Minimum Salary Thresholds for Nitaqat Saudization Calculations to Increase
Subscribe

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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • 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.