DHS Rule Proposing Changes to F, J, and I Visa Programs Under Final Review

Quick Hits

• DHS’s F, J, and I visa program final rule could adopt some or all of the changes outlined in the notice of proposed rulemaking (NPRM).
• The proposed rule would implement fixed periods of admission, require U.S. Citizenship and Immigration Services’ (USCIS) approval for extension-of-status requests, and restrict academic program changes for these individuals.
• The final rule will likely take effect thirty to sixty days after publication.

On August 28, 2025, DHS published the NPRM, which proposed significant changes to the regulatory framework for the F (foreign student), J (exchange visitor), and I (foreign media representatives) visa programs. With the publication of the proposed rule, DHS authorized a thirty-day public notice and comment period, which ended on September 29, 2025.

Following its review of the public comments, DHS is now preparing to publish the final rule, which could adopt some or all of the proposed rule. The OIRA review period can vary in length, ranging from days to months. Once the OIRA completes its review, DHS will typically publish the final rule, with an effective date likely thirty to sixty days after publication. The content of the final rule will not be made public until it is published in the Federal Register.

Impact

If the final rule incorporates the changes from the proposed rule, F and J nonimmigrants would be admitted for a limited period of up to four years, with shorter admission periods for foreign language training students and I visa holders. This marks a significant change from the existing framework, which allows F, J, and I nonimmigrants to be admitted to the United States for the duration of their status.

To extend their stay in the United States, these individuals would be required to submit extension applications to USCIS, provide biometrics, and demonstrate proof of continued eligibility. The rule would restrict foreign students’ ability to change academic programs, and graduates who complete an academic program could only enroll in a new academic program at a higher educational level.

The proposed rule would shorten the grace period for students to leave the country following the completion of their academic program from sixty to thirty days, with unlawful presence accruing immediately after the grace period ends. The proposed rule would eliminate the grace period after a case is denied, with unlawful presence beginning to accrue the day after the denial.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will post updates on the Immigration blog as additional information becomes available.

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