Foreign students, exchange visitors, and international media delegates should pay close attention to a significant policy shift under review. The Department of Homeland Security (DHS) is moving to end the long-standing “duration of status” (D/S) policy for F, J, and I visa holders.
The proposal has cleared the Office of Management and Budget (OMB) and is now listed in the Federal Register, meaning it is open for public comment before becoming law.
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DHS Push to End the “Duration of Status” Policy
Currently, the D/S rule allows F, J, and I visa holders to remain in the United States as long as their academic, exchange, or media programs continue—without a fixed expiration date on their I-94 records.
The DHS proposal seeks to replace this flexibility with a fixed period of stay. After this period, visa holders would need to apply for an extension if their program requires more time.
Possible Rule Changes
While the full details will only be clear when the proposal is finalized, many immigration experts believe it mirrors the 2020 Trump-era plan, which suggested:
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- Limiting stays to two or four years depending on program type
- Requiring mandatory extensions for longer stays
- Enforcing stricter reporting requirements
- Increasing the risk of being considered out of status if extensions are delayed or denied
That 2020 proposal faced legal challenges, but the core concept now appears to be revived.
Why This Matters
Under the current D/S system, visa holders do not accrue unlawful presence unless USCIS or an immigration judge finds a violation.
If replaced with a fixed duration:
- Visa holders risk falling out of status unintentionally if extension requests are delayed.
- Overstay incidents could rise.
- Students, researchers, and international journalists may face more administrative hurdles, creating uncertainty for academic and professional timelines.
Next Steps in the Process
- The proposal is now in the public comment phase, which typically lasts 30–60 days.
- After reviewing comments, DHS may revise the proposal before publishing the final rule.
- Once finalized, the rule will include an implementation timeline for enforcement.
Guidance for Affected Travelers
If you are currently on—or planning to apply for—an F, J, or I visa:
- Stay updated on DHS announcements.
- Consult an immigration attorney if your program is long-term or near completion.
- Coordinate with your school, employer, or media organization, which may submit comments or guidance.
- Be proactive in case extensions become mandatory, preparing documentation in advance.
Conclusion
This policy shift may seem procedural, but its impact could be profound. Students, exchange visitors, and journalists could soon face stricter timelines, more paperwork, and higher risks of falling out of legal status. Careful planning and early action will be essential.
