Key Takeaways
- DHS has submitted a final rule that would replace open-ended "duration of status" with a fixed expiration date for F-1, J-1, and I visa holders
- Overstaying that date leads to automatic unlawful presence, with 3- or 10-year reentry bars as a consequence
- The rule also cuts the F-1 grace period from 60 to 30 days and restricts major and program changes
- The rule takes effect 30 to 60 days after Federal Register publication, unless there's a legal challenge or delay
Unsure how this affects your status? Talk to an Ellis attorney.
What Is the DHS Duration of Status Rule?
The Department of Homeland Security (DHS) has sent a final rule to the Office of Management and Budget (OMB) for review. This rule would end the "duration of status" (D/S) policy for F-1 international students, J-1 exchange visitors, I visa holders, and their family members.
Duration of status is the current policy that lets these visa holders stay in the United States as long as they are actively doing what their visa allows: attending school, participating in an exchange program, or working as a foreign media representative. Right now, there is no expiration date on their admission.
The new rule would change that. F, J, and I visa holders would get a specific end date on their stay, just like H-1B workers and tourists do today.
OMB review is the last step before a rule is published in the Federal Register and becomes law.
Who Does This Rule Affect?
This rule impacts F-1 international students, J-1 exchange visitors, I visa holders (foreign media representatives), and their dependents. It does not affect H-1B, O-1, L-1, or other visa categories, which already have fixed end dates.
What Changes Under the New Rule?
Your Stay Will Have an Expiration Date
Right now, a student's I-94 shows "D/S" — duration of status — instead of a date. Under the new rule, every F, J, and I visa holder would get a specific end date. If you need to stay longer, you would have to apply for an extension through USCIS and go through biometrics screening.
Overstaying Will Have Serious Consequences
Right now, F, J, and I visa holders only start building up unlawful presence if USCIS or a judge officially finds they violated their status. Under the new rule, unlawful presence starts the day your admission period expires.
Staying more than 180 days past your expiration date results in a 3-year bar from the United States. Staying more than one year results in a 10-year bar.
A bar means you are legally prohibited from re-entering the United States for that period, even if you later become eligible for a visa.
The F-1 Grace Period Gets Cut in Half
After finishing a program or practical training, F-1 students currently have 60 days to wrap up their affairs — leave the country, apply to extend their stay, or switch to a different visa. Under the new rule, that window drops to 30 days.
Switching Programs or Majors Will Be Restricted
F-1 undergraduate students would not be allowed to change their program, major, or degree level in their first year of study. The only exceptions would be things outside a student's control, like a school closing.
F-1 graduate students would not be allowed to change programs, majors, or degree levels at all.
Students who have already earned a degree at one level would also be ineligible for F-1 status to pursue a degree at the same level or lower, like going back for a second bachelor's degree.
Traveling While an Application Is Pending Gets Complicated
If you travel outside the United States while an extension application is pending, the outcome depends on what documentation you present when you return. In some cases, leaving would cause your pending extension to be considered abandoned.
The rule would also make official the existing policy that a change of status application is abandoned if you leave the country before a decision is made.
When Does the Rule Take Effect?
The rule is not final yet. Once OMB finishes its review, it will be published in the Federal Register and would take effect 30 to 60 days after that.
Because the rule is still working its way through the process, it could face legal challenges or delays before it ever reaches that point. The full details — including any rules for people already in D/S status — will not be known until it is published.
What Should F, J, and I Visa Holders Do Now?
- Find your status documents. Look up your I-20 (F-1), DS-2019 (J-1), or I-94 record and check the dates on them.
- If possible, consult immigration counsel before making any decisions about travel, changing programs, or work authorization.
- Set a reminder to check the Federal Register weekly. The rule will be published there before it takes effect, and you will need time to act once a date is confirmed.
- Start planning extension applications early. USCIS is already slow to process applications, and a wave of new extension filings is expected once the rule kicks in.
Ellis is monitoring this rule and will update as the review progresses. This article is for informational purposes only and does not constitute legal advice.
