DHS Proposal to Replace “Duration of Status” for F-1 and J-1 Visa Holders

Overview

The U.S. Department of Homeland Security (DHS) has proposed a regulatory change that would significantly modify how F-1 students, J-1 exchange visitors, and certain I visa holders are admitted and maintain their immigration status in the United States. The proposal would replace the current “Duration of Status” (D/S) framework with a fixed period of admission and require many individuals to apply for extensions of stay through U.S. Citizenship and Immigration Services (USCIS) if additional time is needed to complete their academic or exchange programs.

At this time, the proposal is not a final rule and is not currently in effect. No immediate action is required based solely on the proposed changes. DHS must complete the federal rulemaking process before any changes can be implemented.

UPDATE!! Current status: On June 17, 2026, the OMB/OIRA completed its review of the final duration of status 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. The IESC will continue to monitor any changes and provide updates here.

What Is “Duration of Status” (D/S)?

For decades, most F-1 students and J-1 exchange visitors have been admitted to the United States for “Duration of Status” (D/S). Under this framework, individuals may remain in the United States for as long as they are maintaining their immigration status and actively pursuing the objectives listed on their Form I-20 or Form DS-2019.

The D/S system provides flexibility for students and scholars whose academic or research activities may require additional time due to program changes, research requirements, academic delays, medical situations, or other approved circumstances.

What Would Change Under the Proposal? Summary of Proposed Changes

  • Fixed-date admissions to the U.S. - Students and scholars seeking F-1 or J-1 status will be admitted to the U.S. for a period of no more than four years. If their program exceeds four years, they will be required to apply to USCIS for an extension of status. If their program is less than four years, their period of stay will be limited to the end date on their immigration document (Form I-20 or DS-2019).
  • Students and scholars already in the U.S. at the time the final rule is published will be transitioned to a fixed date of admission, which will be the current program end date on the Form I-20, Form DS-2019, or EAD, plus a grace period of 60 (F) or 30 (J) days, not to exceed four years from the date the final rule is published.
  • Formal I-539 extension of stay process with USCIS - Individuals in F or J status who require more than four years to complete program requirements will need to apply to USCIS for an extension of status, using Form I-539. Extensions may also be needed when advancing educational levels and when applying for OPT and STEM OPT. This form can be filed online and does include a filing fee. The filing fee as of May 2026 is $420. Some individuals may wish to work with an attorney on this filing, as it is considered a personal application and IESC staff may be limited in the level of guidance they can provide.
  • Cap on ESL duration of admission - English language training will be limited to 24 months, plus a 30-day grace period.
  • Restrictions on transfers - Undergraduate students would not be permitted to transfer to a new school until after one full academic year at the school whose I-20 they used to enter the U.S. Graduate students would be completely banned from transferring to a new institution at all and would instead need to depart the U.S. and enter with a new Initial I-20 from the new school.
  • Restrictions on changes to 'educational objectives' - Undergraduate students would not be permitted to change their major until after one full academic year at the school whose I-20 they used to enter the U.S. Graduate students would be completely banded from changing majors at all and would instead need to depart the U.S. and enter with a new I-20 from the new school.
  • Prohibition on lateral or reverse matriculation - F-1 students who complete a program at one education level would be banned from pursing another program at the same education level or lower education level.

What Students and Scholars Should Do Now

At this time:

  • Continue maintaining your current immigration status as usual.
  • Follow all existing F-1 or J-1 regulations and reporting requirements.
  • Monitor updates from our office and trusted immigration resources.
  • Avoid making academic, travel, or immigration decisions based solely on the proposed rule.

*Our office is closely monitoring developments and will provide updated guidance if any changes are finalized.

Additional Resources

For additional information and ongoing updates, please visit:

If you have questions regarding your individual immigration situation, please contact our office for guidance.