Duration of Status Proposed Rule

Timeline Updates:

June 17, 2026 Update: OMB/OIRA completed its review of the this Fixed Time Period of Admission rule for F and J visa international students and scholars proposed by the U.S. Department of Homeland Security. The details below apply to the proposed rule. The next step will be for DHS to send the rule to the Office of the Federal Register for publication in the Federal Register. The final rule will go into effect 60 days after publication in the Federal Register. The OMB/OIRA status note states that their review was concluded "consistent with change." Until the final rule first appears in its public inspection version at least one day before it is published in the Federal Register, we will not know for sure if there will be any significant changes between the proposed rule and the final rule.

May 5, 2026 Update: The U.S. Department of Homeland Security (DHS) rule to eliminate "Duration of Status" (D/S) for F and J visa holders moved to the Office of Management and Budget (OMB) for final review.

On Thursday, August 28, 2025, the Department of Homeland Security (DHS) published a proposed rule in the Federal Register 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. The rule would end the "Duration of Status D/S" currently given to F and J nonimmigrants on thier I-94s. Please note that this is a proposed rule and will not become effective until the public has a chance to comment, and DHS reviews the comments, possibly makes revisions, and publishes a final rule. More on this below.

What is Duration of Status (D/S)?

International students and scholars in F and J visa status (which includes F-1 students, F-2 dependents, J-1 students and scholars, and J-2 dependents), are currently admitted to the United States for a period known as “duration of status” (D/S) rather than until a specific date. An F and J visa individual’s I-94 record (arrival and departure record) has an “admit until date” of “D/S,” which stands for “duration of status.” In general terms, this means that an F or J visa individual could stay in the U.S. for as long as they have a valid I-20 or DS-2019 and as long as it takes them to complete their degree or program, such as completing a program of study or research period (with certain limits and rules for eligibility for extensions).

Below are some of the main changes within the current proposed rule:

1. Fixed-Date Admissions to the United States (4 Year Maximum Period of Admission)

Fixed-date admissions to the United States. Instead of being admitted for "duration of status" (D/S) as they currently are (since 1991 for F students and 1993 for J exchange visitors), individuals applying for admission in either F or J status (F-1 students, F-2 dependents, J-1 exchange visitors, and J-2 dependents) would be admitted for a fixed date, recorded on the F or J nonimmigrant's Form I-94, that would be limited to the program end date noted on their Form I-20 or DS-2019, not to exceed 4 years, plus a period of 30 days following their program end date; the F-1 grace period would be reduced from the current 60 days to 30 days;

2. Formal I-539 extension of stay process with USCIS.

F and J visa international students and scholars who need time beyond their period of admission for whatever reason (e.g., an extension of program, school transfers, moving academic levels, use of post-completion practical training or academic training) would have to timely file a complete Form I-539 extension of stay application with USCIS before their prior admission expires, with Form I-539 with fee, biometrics, and possible interview)

3. Restrictions on Changing Programs/ Majors or Transferring Out:

  • Undergraduate level international students would not be allowed to change programs, majors, or educational levels within the first academic year of their program.
  • Graduate level intrnational students would not be allowed to change programs at any point during their program of study.

4. Prohibition on lateral or reverse matriculation. 

  • If an international student completes a program at a particular level, they would not be eligible for to undertake a program at the same level or a lower level.

5. Shorter Grace Period for F-1s:

  • The current 60-day grace period for individuals in F visa status, during which time they can remain in the U.S. and prepare to depart, transfer to another program, or apply to change status, would be replaced with a 30-day grace period, similar to students/scholars in J visa status.

 

The rule will not become final until after DHS publishes the final rule in the Federal Register with a future effective date.