If you are an international student, exchange visitor, or scholar studying or working in the U.S., a proposed rule change from the DHS could significantly affect how long you are allowed to stay and what you need to do to keep your status current.

This is not a minor administrative tweak. If finalized, it would be one of the biggest changes to the F and J visa programs in decades.

What Is the Duration of Status Policy and Why Does It Matter?

Right now, most international students and exchange visitors are admitted to the United States for the “duration of status,” meaning they can legally stay as long as they are actively participating in their program. There is no hard expiration date stamped on their entry record. As long as they are enrolled and in good standing, their status continues.

That system is what the proposed rule would eliminate.

What Would Change Under the New Rule?

The proposed rule would replace the current duration of status policy with a fixed end date on each student or scholar’s I-94 arrival record. That date would be tied to the length of the academic program or four years, whichever is shorter.

Once that date passes, the student or scholar would need to have already filed a formal Extension of Stay application with USCIS, including a filing fee, to legally remain in the country. This is a significant departure from the current process, where a Designated School Official at the student’s university handles program extensions without any formal government application required.

Here is a breakdown of the key changes being proposed:

  • Fixed stay periods: Instead of an open-ended duration of status, students and scholars would receive a specific end date on their I-94. Staying beyond that date without an approved extension would mean accruing unlawful presence, which can trigger three or ten year bars from returning to the United States.
  • Formal extension applications: Extending a program would no longer be handled by the university. Students would need to file directly with USCIS and pay a filing fee, adding cost, time, and administrative complexity to what is currently a straightforward process.
  • Shorter grace period for F-1 students: The current 60-day grace period after completing a program would be cut to 30 days. That is half the time to wrap up affairs, prepare for departure, or file for a change of status.
  • Restrictions on changing programs: F-1 undergraduate students would not be allowed to change their major, education level, or transfer schools during their first year. F-1 graduate students would face even stricter limits, with no ability to change programs or educational objectives at any point during their studies.
  • No repeat degrees: Students who have already completed a program at a certain education level in F-1 status would not be allowed to return to study at the same or lower level.
  • English language training cap: Study in English language training programs would be capped at 24 months in total.

What This Means in Practice

For international students, the stakes are high. A missed deadline, an administrative delay at USCIS, or an unexpected change in academic plans could put someone’s legal status at risk in ways that were simply not possible under the current system.

For universities and academic institutions, the compliance burden would grow considerably. Schools would need to restructure how they advise and support international students, and they could face increased legal and administrative costs.

For employers who sponsor J-1 exchange visitors or hire international graduates, this rule adds another layer of complexity to an already demanding process.

And with USCIS already facing significant processing backlogs, adding a wave of new formal extension applications to the system could create delays that affect thousands of students and scholars who are simply trying to finish their degrees.

Where Things Stand Right Now

The rule has cleared the Office of Management and Budget review, which is the final step before it is published in the Federal Register. Once published, it is expected to take effect within 30 to 60 days.

The contents of the final rule will not be confirmed until that publication, so some details may change. But based on what has been proposed, the impact on international students, scholars, and the institutions that support them would be substantial.

What You Should Do Now

If you are an international student or scholar on an F or J visa, now is the time to get informed and get ahead of any potential changes. Review your current I-94 and program end dates. Stay in close contact with your Designated School Official. And if you have any questions about how this rule could affect your specific situation, speaking with an immigration attorney sooner rather than later is a smart move.

We Are Here to Help

At Garvish Immigration Law Group, we are closely monitoring this rule and its potential impact on our clients. If you have questions about what this means for your status, your program, or your plans, we are here to help you navigate what comes next.

Reach out to us today.