DHS Proposes Rule to Replace F & J Duration of Status (D/S) with Fixed Periods of Stay

September 12, 2025

On August 28, 2025, the Department of Homeland Security (DHS) published a proposed rule in the Federal Register to replace “duration of status” (D/S) with a fixed time period for students and exchange visitors and their dependents in F and J non-immigrant status. This proposed change would replace flexible timing based on program durations with specific fixed admission dates to align with program end dates indicated on the Form I-20 or DS-2019.

This is a proposed rule that is not currently in effect. The final rule, if enacted after the close of the public comment period, may differ from this proposed rule. ISSO is monitoring developments closely and will provide updates on our website when additional information becomes available.

Important changes in this proposed rule include:

  • replacing F & J Duration of Status (D/S) with specific end dates for permission to stay in the U.S. tied to the I-20 or DS-2019 end date, not to exceed 4 years plus a grace period of 30 days following their program end date
  • replacing the 60-day grace period for F-1 students with a 30-day grace period
  • requiring government (DHS) adjudication of F & J extension of stay requests meeting certain eligibility requirements
  • placing restrictions on changing academic objectives – including when a student might be eligible to transfer to a new school or change to a new program of study
  • prohibiting F-1 students from completing two degrees in the U.S. at the same degree level or from changing to a lower degree level 
  • limiting the study of English as a Second Language (ESL) to an aggregate of 24 months

The proposed rule is intended to align the F-1 and J-1 visas with other visa statuses – such as H-1B and O-1 – which require government adjudication in order to extend visa status while inside the U.S.

We expect that F & J students and scholars who remain in good academic standing, and who have maintained their non-immigrant status, would still be able to request additional time to complete their degree or program, if needed.

The proposed rule will accept public comments until September 29, 2025. Organizations representing higher education institutions will comment on the rule and they are considering asking to extend the comment period for an additional 30-days given the complexity of the regulation. After the comment period closes, DHS will then review comments submitted as part of the federal rule-making process. 

ISSO is analyzing the proposed rule and will post additional guidance and notify students and scholars if or when the rule takes effect.