Big Immigration Shift: DHS Proposes Fixed Admission Periods for F, J, and I Visa Holders

On August 28, 2025, the Department of Homeland Security (DHS) published a major proposed rule that would fundamentally change how international students (F visas), exchange visitors (J visas), and foreign media representatives (I visas) are admitted and stay in the United States. Here’s an easy breakdown of what’s changing compared to the current rules.

1. Goodbye “Duration of Status” (D/S), Hello Fixed Dates

Current rule: F-1 students, J-1 exchange visitors, and many I media representatives are admitted into the United States for “Duration of Status” (D/S). This means that rather than a fixed end date on their status, they are able to remain in the United States as long as they maintain their F-1, J-1 or I program and visa requirements.

Proposed change: DHS would replace D/S with a fixed admission period based on the program end date (from the I-20 or DS-2019), with a maximum limit.

This is problematic because F-1 students often have the ability to get Optional Practical Training (“OPT”) once they graduate and can currently extend their I-20 to account for OPT without further action with the Department of Homeland Security’s U.S. Citizenship & Immigration Services (USCIS).

Similarly, J-1 exchange visitors are currently able to extend their stays by coordinating with their J-1 Exchange Visitor Program Sponsor to obtain new DS-2019 Forms, extending their programs (where eligible and appropriate) without the need for separation action with USCIS.

With the new rule, F-1, J-1 and I status holders in the United States will need to coordinate with their universities or sponsors, as well as apply for extensions of status with USCIS or potentially travel back to their home country to get a new visa.

 

2. Fixed Maximum Stay Periods

Current rule: No outer cap—stay is valid as long as status is maintained.

Proposed change:  F & J visas: Up to 4 years at a time.   I visas: Up to 240 days (or 90 days for certain PRC passport holders)

J-1 Teachers, Professors and Research Scholars, and the institutions that employ them, would be negatively impacted by the 4-year cap on status. Current rules allow those categories to remain in the United States for up to 5 years at a time. The proposed rule is a 20% reduction in time these exchange visitors are permitted to remain in the United States.

This is also problematic for F-1 students who decide to further their education or extend their studies to obtain an additional degree.  Currently, they can simply extend their I-20 to extend their stay.  Under the proposed rule, they would have to file to extend their status or they would have to travel back to their home country to get a new visa after 4 years.

This is especially problematic for foreign medical graduates (“FMG”) who come to the United States to complete their US medical residency.  Residency programs are typically 3-7 years long, depending on specialty and can be longer if continuing in further specialties. This means that the maximum stay period of 4 years is not long enough for the FMG to complete their residency or post-residency fellowships.

 

3. Shorter Grace Periods After Programs End

Current rule: F-1 students get 60 days; J-1 visitors get 30 days to wrap up and leave.

Proposed change: Both F and J would now get 30 days only.  This means a shorter time to file a change of status or extension of status if needed.

4. New Extension of Stay (EOS) Requirements

Current rule: Under D/S, F and J students don’t usually file for extensions of status with USCIS—schools and J-1 Exchange Visitor Program Sponsors handle updates in SEVIS. Media representatives have similar flexibility. 

Proposed change: Everyone would need to file an Extension of Status (EOS) with USCIS if they want to remain beyond their admission date. While an EOS is pending:

• F students can keep studying and, in some cases, keep working (for up to 240 days).
• J visitors can continue their exchange visitor program.
• I media reps can keep working for up to 240 days (90 for PRC passports).

Requiring students, exchange visitors and media representatives to apply for Extensions of Status in the United States is costly for these individuals, and unpredictable. Processing timelines for extensions of status can range from a few months to more than a year, and applicants risk incurring significant bars on return if their applications are pending for more than 6 months and are denied.

 

5. Transition Plan for Current D/S Visa Holders

Current rule: Those already in the United States stay under D/S until they finish their program or depart the United States.

Proposed change: A 4-year transition period would apply. People admitted under D/S can stay until the later of their I-20/DS-2019 end date or EAD expiration, but not beyond 4 years from the transition start date. After that, they must file an EOS or depart the United States.

 

Why This Matters

If finalized, this rule would mean:

• International students and exchange visitors must track their admission end dates carefully and take action when appropriate.
• Filing extensions of status with USCIS, along with the costs and unpredictable timelines, becomes the new norm.
• Grace periods shrink, especially for F-1 students.

Most importantly, with a fixed end period for the admission, individuals in these statuses will begin to accrue unlawful presence once the date passes on their admission period as reflected on the I-94, unless they have filed for an Extension of Status with USCIS.

If this proposed rule passes, individuals in all categories where an I-539 is required will likely see increased processing times, not just those in F, J or I status.  In addition, students coming to the United States will face increased costs from having to file for an extension of status or potentially traveling home to get a new visa.

This is still a proposed rule, which means the public can comment before it becomes final. If you’re an F, J, or I visa holder—or work with them—it’s time to start planning for what these changes could mean.

 

If you have questions about the proposed rules for F, J and I status holders, or other immigration questions, please contact Kolko & Casey, P.C. at (303)371-1822