Proposed Rule Change for the Duration of Status for F and J Visa Holders

The Department of Homeland Security has proposed a new rule change to eliminate the duration of status (D/S) for F-1 students and J-1 exchange visitors.

What is Duration of Status (D/S)?

Under the current system:
- F (student) and J (exchange visitor) visa holders are admitted for an indefinite period, allowing them to remain in the U.S. as long as they maintain their program status without filing for an extension with USCIS.
- The Form I-20 (F-1 students) and Form DS-2019 (J-1 exchange visitors) establish program length and are updated or extended by schools or program sponsors as needed.

If the proposal becomes final:
- F and J visa holders would be admitted only until the program end date listed on the Form I-20 or DS-2019 – up to a maximum of four years.
- Extensions beyond the initial admission would require filing Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS.

We recognize and understand your concern about how this rule change would affect your immigration status and livelihood. However, at this point, your immigration status has not changed, and any possible changes will not be in effect anytime soon. This rule change must go through 1) a public comment 30-day comment period until September 29, 2025, regarding the rule changes, and 2) a 60-day comment period ending on October 27, 2025, on proposed changes to affected “information collection instruments", including SEVIS and USCIS Forms.

Since this is a proposed rule change, a rule does not become final until the agency reviews public comments on the proposed rule, submits a final rule for the United States Office of Budget and Management (OMB) review, and then publishes a final rule in the Federal Register with a future effective date. This is a lengthy process, and it is very difficult to predict when this final rule will be published and when it will take effect.

At this time, the Office of International Affairs cannot provide specific advice on this proposed rule change because it is still only a proposal. As of now we do not have enough specific information on this matter. As we acquire more information, the Office of International Affairs will provide further updates.