Proposed DHS Rule: Fixed Stay Limits for F-1, J-1, and I-1 Visa Holders

The U.S. Department of Homeland Security (DHS) under the Trump Administration has reintroduced a proposed rule that would end the long-standing “duration of status” (D/S) policy. This proposal seeks to impose fixed admission periods for foreign students and certain nonimmigrant visa holders, replacing the current system that allows individuals to remain in the United States as long as they maintain valid status.

According to DHS, this change is intended to prevent visa overstays, enhance immigration oversight, and protect U.S. resources.

What Is the Proposed Rule About?

Under the existing policy, many F-1, J-1, and I-1 visa holders are admitted for “duration of status,” meaning they can stay in the U.S. indefinitely as long as they continue to meet program requirements. The proposed rule, however, would replace this flexible system with a fixed period of admission—generally up to four years—based on the length of the academic or professional program.

Students or exchange visitors who need additional time would be required to file an extension of stay with U.S. Citizenship and Immigration Services (USCIS).

How This Change Could Affect F-1 Students

If implemented, this policy could significantly affect international students studying in the U.S. For instance, most F-1 students who have already completed one master’s degree may no longer be permitted to pursue a second master’s program.

Key highlights of the proposed rule include:

  • Applicants may be required to submit biometric information as part of their applications.
  • Stricter conditions may apply when transferring to another academic institution.
  • Graduate students may face restrictions on changing programs once coursework has begun.

Impact on J-1 Exchange Visitors and I-1 Media Representatives

J-1 exchange visitors would also face a four-year maximum admission limit, with extensions requiring USCIS approval. I-1 foreign media professionals could be admitted for up to 240 days, with limited extensions permitted only for the duration of their temporary assignments.

These changes could have broad implications for universities, research institutions, and international organizations that rely on these categories of visas.

How to Prepare

Although this rule has not yet been implemented, international students and professionals should stay informed and take proactive steps to protect their visa status. Consulting with an immigration attorney at Green Card Link can help you understand how these proposed changes could affect your current or future immigration plans.

At Green Card Link, its immigration attorneys continuously monitor DHS announcements and provide up-to-date guidance to ensure clients remain compliant and informed about any new regulations that may impact their stay in the United States.

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