Major Proposed Changes to F/J Visas: The End of "Duration of Status"?

Background

On August 28, 2025, the Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) in the Federal Register, titled: Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media.

• Publication Date: August 28, 2025
• Public Comment Deadline: September 29, 2025
• Who is affected?: Primarily F visa holders (international students), J visa holders (exchange visitors), and to some extent I visas (foreign media representatives).

The proposal would end the long-standing "Duration of Status" (D/S) framework and replace it with a fixed admission period and new procedures for requesting extensions of stay.

Key Proposed Changes for F and J Visas

1. Elimination of Duration of Status (D/S)

No more "stay as long as you maintain status." Instead, DHS would issue a fixed expiration date upon admission.

2. Fixed Admission Periods

• F and J visas: admission granted for the length of the program, up to a maximum of 4 years.
• Language training programs: capped at 24 months total, including breaks and annual vacations.

3. Restrictions on Transfers and Program Changes

• Undergraduates: Must complete the first academic year at the initial school before transferring or changing majors (unless DHS grants an exception).
• Graduate students: May not change programs in the middle of a degree program.
• Educational level changes: Students may only move upward (e.g., bachelor's to master's). Changing to the same or lower level (e.g., master's to another master's, or master's back to bachelor's) would not be permitted while in F-1 status.

4. Shorter Grace Period

After completing studies or OPT, the grace period to prepare for departure would be reduced from 60 days to 30 days.

5. Extension of Stay (EOS) Requirements

If a program extends beyond the initial admission period, students must apply for an Extension of Stay (Form I-539) with USCIS. DHS may require biometric collection for EOS applications.

6. Stricter Standards for Program Extensions

Delays due to academic probation, suspension, or repeated failure to complete coursework would generally not be accepted as valid reasons for extension.

7. Impact of Travel During Pending Applications

Departing the U.S. while an EOS or related application is pending may be treated as abandonment of the application.

Old vs. Proposed System

Category	Current System (D/S)	Proposed System (NPRM)
Stay Duration	"D/S" -- no fixed end date, as long as status maintained	Fixed admission date: F/J capped at 4 years, language study capped at 24 months
Grace Period	60 days after completion	30 days after completion
Transfers & Program Changes	Allowed with SEVIS update; relatively flexible	Undergraduates: no transfers/changes in first year Graduates: cannot change programs mid-degree Only upward educational moves allowed
Extensions	School updates SEVIS; rarely requires USCIS action	Must file EOS (Form I-539) with USCIS; possible biometrics
Extension Standards	Delays often accepted	Academic probation/suspension/failure generally not valid reasons
Effect of Travel	Departures usually manageable	Departure while EOS pending may abandon application
Oversight	School + SEVIS monitoring	USCIS assumes greater review authority

What This Means for Students and Scholars

1. PhD and Long-Term Students

Doctoral programs and many professional degrees often extend beyond four years. Under the proposed rule, these students would no longer be covered by the flexible "Duration of Status." Instead, they will need to file an Extension of Stay (EOS) application with USCIS to lawfully remain in the U.S. until the completion of their studies. This means students must anticipate their program length early, keep careful records, and be ready to provide additional evidence to justify extensions. Failure to do so could result in unlawful presence and jeopardize future immigration options.

2. New Undergraduates

First-year undergraduates would face new restrictions: transfers to another school or changes of major would not be permitted until after the first academic year, unless DHS grants an exception. This places a higher premium on making thoughtful choices about both institution and field of study before starting a program. Students and families should take extra care during the application process, as "trying out" a school or major and then switching quickly will no longer be an option.

3. Graduate Students

For master's and doctoral students, the proposed rule would sharply limit flexibility. Students would be prohibited from changing programs in the middle of their degree. That means a student who realizes mid-way through a program that their research interests have shifted may not be able to make an adjustment without jeopardizing their F-1 status. Prospective graduate students should therefore plan carefully, taking time to evaluate the program's curriculum, research opportunities, and long-term goals before enrollment.

4. All F/J Visa Holders

Every F or J visa holder would be affected by shorter grace periods and stricter extension requirements. The grace period after completing a degree or OPT would be reduced from 60 days to 30 days, leaving less time to prepare for departure, transition to another program, or change status. Additionally, delays such as academic probation or repeated course failures may not be accepted as valid reasons for extensions. This significantly raises the stakes for maintaining good academic standing and careful planning throughout one's program.

5. Schools and Sponsors

While Designated School Officials (DSOs) will continue to play a critical role in updating SEVIS and advising students, USCIS will assume greater authority over determining whether a student can extend their stay. This shift means schools must be even more vigilant in advising students about compliance and timelines. Institutions may need to allocate more resources to international offices to manage the additional administrative burden and to help students prepare EOS applications when needed.

Final Thoughts

This proposal marks a fundamental shift in how the U.S. manages student and exchange visitor visas. The transition from the flexible D/S framework to a fixed admission + USCIS extension system will likely increase administrative burdens, reduce academic flexibility, and create new compliance challenges for students, schools, and exchange programs.

For now, this is still a proposed rule. Stakeholders—including universities, students, and advocacy groups—have until September 29, 2025 to submit public comments.

At our firm, we recommend that current and prospective F/J visa holders:

• Stay informed of developments;
• Consult with an immigration attorney before making program or transfer decisions;
• Begin planning early for possible extension applications if your studies will exceed four years.

The full text of this proposed rule was published by the Department of Homeland Security in the Federal Register on August 28, 2025. Read the official publication here.

This blog is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, please contact our office to schedule a consultation.

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