DHS May End “Duration of Status” for International Students and Exchange Visitors
DHS May End “Duration of Status” for International Students and Exchange Visitors
The Department of Homeland Security (DHS) is moving closer to a major change that could significantly impact international students, exchange visitors, and foreign media representatives in the United States. A new proposed regulation currently under review by the Office of Management and Budget (OMB) would replace the long-standing “Duration of Status” (D/S) policy for F, J, and I visa holders with fixed expiration dates for authorized stay.
For decades, many F-1 students, J-1 exchange visitors, and I visa holders have been admitted to the U.S. under D/S, meaning they could remain in the country as long as they maintained compliance with their immigration status. Under the proposed rule, these individuals would instead receive a finite period of authorized stay tied to their academic program or approved activity.
If finalized, this proposal would represent one of the most significant changes to visado de estudiante policy in years.
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Among the proposed changes, DHS would set authorized admission periods for F and J visa holders based on program length, capped at four years in most cases. The proposal would also reduce the grace period for F-1 students after completing their studies or OPT from 60 days to 30 days.
Additional provisions would limit language-training students to a maximum 24-month stay, require biometric collection during extension applications, and impose new restrictions on F-1 students changing academic programs or educational levels while remaining in the United States.
DHS argues that the rule is necessary to improve oversight, strengthen compliance monitoring, and reduce fraud within the student visa system. The proposal revives a similar regulation first introduced during the Trump administration in 2020 before being rescinded in 2021.
Supporters of the change claim that the current D/S framework makes it difficult for the government to determine when unlawful presence begins accruing and limits DHS’s ability to monitor compliance effectively. They also point to instances of alleged abuse in the F-1 visa system, including “pay-to-stay” schemes and students remaining in F-1 status for decades.
Critics, however, warn that eliminating D/S could create substantial administrative burdens for both DHS and international students. Concerns have also been raised about processing delays, increased uncertainty for students, and the strain additional extension applications may place on the immigration system.
At this stage, the regulation has not yet been finalized. Once approved, the final rule would be published in the Federal Register along with DHS’s responses to public comments. Agencies may still revise portions of the proposal before implementation.
For international students, universities, and employers, this proposal could have major long-term implications. Fixed expiration dates would likely require more frequent extension filings, stricter compliance monitoring, and increased attention to maintaining lawful status.
At Pollack, Pollack, Isaac & DeCicco, LLP, we are closely monitoring these developments and helping students, exchange visitors, and institutions prepare for potential changes to immigration policy. We take the time to explain how evolving regulations may impact your status and help develop strategies to protect your ability to study, work, and remain in compliance.
If you have questions about F-1, J-1, or other nonimmigrant visa issues, call 212-233-8100 or visit the PPID website schedule a consultation.
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