DHS Proposal Sets Time Limits on F-1 and J-1 Visas

Quick Hits

• DHS proposes replacing the current “duration of status” system with fixed admission periods for F-1, J-1, and I-visa holders, with limited extension options.
• Time limits would be capped at four years for F-1 and J-1 students, twenty-four months for language training students, and would also apply to I-visa media representatives.
• The proposed rule adds stricter oversight, including possible biometrics requirements, bans program changes for F-1 graduate students, and shortens the post-completion grace period from sixty to thirty days.
• Comments on the proposed rule are due by September 29, 2025.

DHS states that its proposed rule is intended to create consistency in periods of admission across nonimmigrant classifications, enhance DHS oversight, and eliminate fraud. Below is a summary of the proposed rule’s key provisions.

Period of Stay Changes

The proposed rule would replace the current “duration of status” framework with a fixed period of stay allowed for foreign students and exchange visitors in the United States. A “period of stay” refers to the amount of time that a nonimmigrant is permitted to remain in the United States in the given nonimmigrant status. Recognizing the reality that the length of an academic or exchange visitor program may change, individuals admitted in these nonimmigrant classifications are currently admitted to the United States for the duration of their program, often notated as “duration of status” or “D/S.”

The proposed rule would impose strict limits on the period of authorized stay for students and exchange visitors. These individuals would be admitted for the length of their respective programs, not to exceed four years. To remain in the United States in their current nonimmigrant status, these individuals would be required to submit an extension of stay application directly to DHS. Applicants would also be required to provide biometrics and proof of continued eligibility, such as financial resources and documentation showing they had properly maintained their status.

Grace Period Changes for F-1 Students

Currently, F-1 students have sixty days after finishing their degree or post-graduation practical training to either leave the United States or apply for a change of status. The proposed rule would cut that window to thirty days. Students who stay past the new thirty-day limit without taking action could start accruing “unlawful presence.”

No Grace Period After an Extension of Status Denial

Under the proposed rule, there is no grace period for an individual whose extension of status application is denied after their original period of admission has expired. The individual, and any dependent family members, would be required to depart the United States immediately. An individual who failed to depart the United States in this circumstance could begin accruing unlawful presence the day after the denial was issued.

Nonimmigrants Already in the United States

Nonimmigrants who are currently in the United States in F-1 or J-1 status would be permitted to remain in the United States for the duration of their program or the end date of their employment authorization document, whichever is later, for a maximum period of four years from the effective date of the final rule. If an individual in F-1 or J-1 status departed the United States after the final rule took effect, the individual would be re-admitted with a new fixed period of admission. Impacted individuals would be eligible to apply for an extension of their nonimmigrant status.

For those already in the United States on F-1 or J-1 visas, the proposed rule would keep the current grace period unchanged during the transition. F-1 students currently in the United States at the time the final rule is published will continue to have a sixty-day grace period, while J-1 exchange visitors will continue to have a thirty-day grace period.

Academic Progression

Under the proposed rule, all students would be required to complete their first academic year at the school that issued their initial I-20, unless an exception is explicitly authorized. In other words, they would not be allowed to transfer to another school within the first academic year.

Undergraduate Students

Undergraduate students would be prohibited from changing programs or educational objectives during their first academic year. This includes any changes to their academic program, major, or educational level.

Graduate Students

Graduate-level students would be prohibited from changing programs during their program of study. Students who complete an academic program at one level would only be permitted to begin a new program at a higher educational level, with an express prohibition on beginning a program in a lower educational level while in F-1 status.

Acceptable Basis for an Extension of Stay

The proposed rule outlines three acceptable reasons for F-1 students to request an extension of stay beyond the end date of their academic program, namely: (1) compelling academic reasons, such as the desire to pursue an alternative or more specialized course of study; (2) a documented illness or medical condition; or (3) exceptional circumstances beyond the student’s control. A student’s inability to timely complete his or her academic program due to disciplinary action or a demonstrated pattern of failing classes and requesting multiple extensions in F-1 status is not an acceptable reason to request an extension of status under the proposed rule.

Work Authorization for F-1 Students

Automatic Extension of Work Authorization

F-1 students with employment authorization would be eligible for an automatic extension of their work authorization for up to 240 days based on a showing of severe economic hardship resulting from emergent circumstances, so long as the extension of status application was timely filed. The automatic extension would apply to on-campus and off-campus employment.

Pending Employment Authorization Applications

The proposed rule outlines considerations for students whose applications for employment authorization were timely and properly filed at the time the final rule is published.

• F-1 students whose applications for post-completion optional practical training (OPT) or STEM-OPT employment authorization are ultimately approved would be authorized to remain in the United States for the validity of their employment authorization document (EAD), plus a sixty-day grace period. Students whose employment authorization applications are denied would be permitted to remain in the United States until their program end date, plus a sixty-day grace period.
• F-1 students who have pending applications for employment authorization (other than post-completion OPT and STEM-OPT) and who are pursuing a full course of study and otherwise maintaining F-1 status would be authorized to remain in the United States until their program end date listed on the Form I-20, plus a sixty-day grace period, regardless of whether an application for employment authorization is approved or denied.

Increased Oversight

Currently, DHS oversees nonimmigrants admitted to the United States as students or exchange visitors through the Student Exchange Visitor Program (SEVP). SEVP uses the Student and Exchange Visitor Information System (SEVIS) to maintain current information about nonimmigrant students and exchange visitors. Designated School Officials (DSOs) or Responsible Officers (ROs) are responsible for maintaining SEVIS records, determining program eligibility, and ensuring that students and exchange visitors are complying with all requirements of the academic or visitor programs, respectively.

In the proposed rule, DHS distinguishes between a determination about whether a nonimmigrant’s academic or exchange visitor program should be extended and a determination about whether the individual’s nonimmigrant status should be extended. Under the new framework, DSOs and ROs would continue to be responsible for making recommendations as to whether an individual’s academic program or exchange visitor program should be extended. An immigration officer, however, would be tasked with reviewing the individual’s eligibility to extend his or her nonimmigrant status and whether the individual has been complying with the terms and conditions of his or her nonimmigrant status. This process would enable DHS to more regularly collect biometrics and other information about the applicant, including evidence of financial resources or evidence of criminal activity.

Historical Efforts

The prior Trump administration published a similar proposed rule on September 25, 2020. The proposal, which received more than 32,000 comments during the public comment period, was rescinded by the Biden administration in 2021.

According to U.S. Immigration and Customs Enforcement reports, about 1.1 million F-1 students were enrolled in bachelor’s or master’s degree programs in 2024, with another 214,824 enrolled in doctoral programs. These students represent a significant share of enrollment at U.S. universities and contribute to higher education funding and the broader economy.

Next Steps

Upon conclusion of the thirty-day public comment period, which ends September 29, 2025, DHS may elect to adopt some or all of the proposed provisions by issuing one or more final rules. If adopted, the final rule could represent a substantial shift in the regulatory framework for F, J, and I nonimmigrants, with particular implications for the duration of stay and academic progression for F-1 students.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will publish updates on the Higher Education and Immigration blogs as additional information becomes available.

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