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Proposed Rule to Eliminate “Duration of Status” (D/S) for F and J Nonimmigrants

Proposed Rule to Eliminate “Duration of Status” (D/S) for F and J Nonimmigrants

Important: This is a proposed rule and is not currently in effect. It will not become final until DHS completes a public comment period, reviews feedback, potentially revises the rule, and publishes a final version with a future effective date. More information is provided below.

On Thursday, August 28, 2025, the Department of Homeland Security (DHS) published a proposed rule in the Federal Register that would eliminate “duration of status” (D/S) for F and J nonimmigrants.*

What is “Duration of Status” (D/S)?
For over 30 years, certain nonimmigrants—specifically those in F and J categories—have been admitted to the U.S. for “duration of status” (D/S) rather than until a fixed calendar date. This includes:

  • F-1 students and F-2 dependents
  • J-1 exchange visitors (students and scholars) and J-2 dependents

Individuals admitted under D/S have an I-94 record indicating “D/S” as the admit-until date, meaning they may remain in the U.S. as long as they maintain valid immigration status and comply with the terms of their program, as documented on Form I-20 (for F status) or DS-2019 (for J status). This includes completing their academic program or research activity, with certain rules and limits for extensions.

Key Proposed Changes
If finalized, the rule would eliminate D/S and introduce a fixed admission period for F and J nonimmigrants. Key proposed changes include:

  1. Fixed Admission Periods
    • Individuals in F or J status would be admitted until the program end date listed on their I-20 or DS-2019, not to exceed 4 years, plus a 30-day grace period after program completion.
    • Those needing more time (e.g., to complete studies, change programs, pursue OPT or Academic Training) would need to file a Form I-539, Application to Extend/Change Nonimmigrant Status (EOS) with USCIS before their authorized stay expires.
  2. Shortened Grace Period
    • The current 60-day grace period for F-1 students would be reduced to 30 days, aligning with the current grace period for J status holders.
  3. Restrictions on Program Changes
    • Undergraduate F-1 students would not be allowed to change programs, majors, or educational levels during their first academic year.
    • Graduate-level F-1 students would be prohibited from changing programs at any point during their studies.
  4. Level Restrictions
    • International students who complete a program at a certain level would not be eligible to start a new program at the same or lower academic level under F-1 status.
  5. Transfer Limitations
    • F-1 students would not be permitted to transfer to another school until completing one academic year at the institution that issued their initial I-20, unless granted an exception by SEVP.
  6. Travel While EOS Is Pending
    • F and J individuals with a pending EOS application may be readmitted under two scenarios:
      • For the original authorized period (EOS remains active), or
      • For the requested extended period (in which case the EOS application is considered abandoned).
  7. Transition Provisions
    • The rule includes complex transition measures for individuals admitted under D/S prior to the effective date. ISSS will provide further guidance on these provisions as it becomes available.
  8. Accrual of Unlawful Presence
    • Under the proposed rule, individuals who do not file an EOS on time or fail to depart by the end of their authorized stay would begin accruing unlawful presence immediately. This differs from the current policy, under which D/S holders generally do not accrue unlawful presence until a formal finding of a status violation by USCIS or an immigration judge.

What’s Next?
This rule is currently in the proposed stage.

  • Comments on the proposed rule must be submitted by September 29, 2025.
  • Comments on information collection (e.g., SEVIS, USCIS forms) must be submitted by October 27, 2025.

The final rule will not take effect until DHS reviews public comments, potentially makes revisions, and publishes the final rule with a specified effective date. This process typically takes several months, though there is no fixed timeline.

Stay Informed
International Students and Scholars Services (ISSS) is continuing to review the proposed rule and will provide additional updates, guidance, and FAQs as more information becomes available.

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