The U.S. Department of Homeland Security (DHS) has submitted a proposed rule to the Office of Management and Budget (OMB) that would fundamentally alter the admission policy for certain nonimmigrant categories. Specifically, the proposal would eliminate the longstanding “duration of status” (D/S) framework for F (international students), J(exchange visitors), and I (representatives of foreign media) visa holders, replacing it with fixed periods of authorized stay.
This submission marks the first formal step in the federal rulemaking process. If cleared by OMB, the proposed regulation will be published in the Federal Register for public comment.
Key Points
- The proposal aims to replace the D/S model with a system that assigns a finite stay period for F, J, and I nonimmigrants and their dependents.
- Individuals needing additional time to complete their studies, exchange program, or assignments would be required to file extensions of stay with USCIS.
- A similar rule was introduced in 2020 under the Trump administration but was not finalized before the end of that term.
Potential Impact
While the exact text of the draft rule has not yet been made public, the proposed change would likely:
- Increase the administrative burden on nonimmigrants and educational institutions due to required extension filings.
- Alter how unlawful presence is calculated for F, J, and I categories. Under current rules, these individuals only begin accruing unlawful presence after a formal finding of a status violation or removal order. Under the proposed framework, they may begin accruing unlawful presence immediately after the expiration of their fixed stay—similar to most other nonimmigrant visa categories.
Next Steps
- OMB will review the proposal, which may involve revisions before granting approval for publication.
- Once approved, DHS will publish the proposed rule in the Federal Register, triggering a 30- or 60-day public comment period.
- After considering public input, DHS would issue a final rule that includes an implementation timeline. This entire process typically spans several months or longer, depending on the volume and complexity of public feedback.
What Employers, Schools, and Sponsors Should Do
Stakeholders who work with F, J, and I nonimmigrants—including universities, exchange program sponsors, and media organizations—should begin preparing for potential compliance and operational impacts. If the rule moves forward, institutions may need to adjust internal policies and timelines to accommodate fixed-period stays and extension procedures.
HSD Immigration Lawyer is actively monitoring the development of this proposal and will provide detailed analysis once the rule is made public.
If you have any questions about this update, please contact one of our offices in Chicago, IL, Naperville, IL, Raleigh, NC, or Clark, NJ, for guidance.
At HSD Immigration Lawyer, we specialize in complex employment-, investment- and family-based immigration matters.