US Proposes Fixed Visa Periods for F-1 and J-1 Students, Ending 'Duration of Status' Flexibility

The Department of Homeland Security (DHS) is again pushing a policy first proposed during the Trump administration. The new rule would change how long international students and exchange visitors can stay in the United States under F-1 and J-1 visas.

Currently, students and exchange visitors are allowed to stay in the U.S. for the “duration of status”, which means they can remain as long as they are studying and maintaining legal visa status. But under the new proposal, they would be admitted for a fixed time period—typically two to four years—and would need to apply for an extension if they want to stay longer.

What Is the Proposed Change?
The DHS wants to update its immigration rules to stop admitting F, J, and I visa holders for the flexible "duration of status" period. Instead, these nonimmigrants would receive a set expiration date on their stay.

If students or visitors want to stay longer, they would need to:

• Apply for an extension of stay with USCIS, or
• Leave the U.S. and re-enter through a port of entry after getting new approval.

This proposed regulation is titled:
"Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media."
It is currently under review by the White House Office of Information and Regulatory Affairs (OIRA).

Who Will Be Affected?
The rule will apply to:

• F-1 international students
• J-1 exchange visitors
• I visa holders, including foreign journalists and media representatives

These individuals would no longer be able to stay in the U.S. based simply on enrollment or program participation. Instead, they would need to follow strict timelines and reapply if they wish to stay longer.

Why Is This Rule Being Proposed?
The DHS says that currently, F and J visa holders often do not accrue “unlawful presence” unless an official agency determines a status violation. Because they don’t need to regularly apply for extensions, it can be difficult to track visa overstays or violations. DHS argues that changing to a fixed stay policy would improve monitoring and enforcement.

Concerns From Universities and Education Groups
This rule was first proposed in 2020 by the Trump administration but was withdrawn by the Biden administration in 2021 after strong backlash from education institutions.

Universities and higher education groups said the rule would:

• Disrupt academic programs
• Add uncertainty and bureaucratic delays
• Make the U.S. less attractive to international students

These concerns are now being raised again as the rule re-enters discussion.

What Happens When You Finish Your Program?
Currently, F-1 visa students have 60 days after completing their program (or any approved practical training like OPT) to leave the U.S., change their visa status, or transfer to another program.

Under the proposed rule:

• Students will be given a fixed visa end date
• They must apply for an extension or change status (like H-1B or O visas) before their authorized stay ends

What Does This Mean for Students?
If the rule is approved:

• International students will face new deadlines
• They will have to plan earlier for visa renewals or extensions
• Those who do not renew on time may fall out of status and risk deportation

This change could create extra pressure on international students, many of whom are already navigating a complex immigration system while focusing on their education.

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