On August 28, 2025, the Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) that could significantly reshape the way F-1 academic students, J-1 exchange visitors, and I-visa foreign media representatives are admitted to the United States.
If finalized, this rule would replace the long-standing practice of admitting these individuals for “duration of status” (D/S) with fixed admission periods tied to their program documents or strict time limits.
Public comments on the proposal are due by September 29, 2025.
Background
Currently, most nonimmigrant visa holders are admitted until a specific date on their I-94 record. But F-1, J-1, and I visa holders (with some exceptions) are admitted for the duration of status — meaning they can remain in the U.S. as long as they maintain their course of study, training program, or foreign media assignment.
This system has provided flexibility for students and scholars with multi-year programs. DHS now argues that the growing number of F, J, and I visa holders makes oversight more difficult, even though these groups are already tracked through SEVIS and SEVP.
Proposed Changes
If adopted, the NPRM would introduce several major changes:
- F-1 and J-1 admissions: Admission would last until the program end date listed on the I-20 (F-1) or DS-2019 (J-1), with a maximum of four years.
- I visas: Limited to 240 days, except for most Chinese passport holders, who would be limited to 90 days.
- Grace period: The current 60-day F-1 grace period would be reduced to 30 days.
- Extensions required: F-1, J-1, and I visa holders would need to file Form I-539 before their I-94 expiration if more time is required.
- Unlawful presence: Remaining beyond the I-94 date without an approved extension would trigger accrual of unlawful presence.
- Educational limits:
- F-1 students could not pursue another program at the same or lower educational level after finishing one degree.
- F-1 undergraduates would not be able to change majors or educational levels during the first academic year (with narrow exceptions).
- Graduate-level F-1 students could not switch programs once admitted.
Practical Impacts if Finalized
- More extension filings: Many students, exchange visitors, and media representatives would need to file multiple I-539 applications, often with premium processing, just to complete their studies or training.
- OPT and STEM OPT: F-1 students seeking work authorization would need extensions aligned with OPT or STEM OPT timelines.
- J-2 spouses: EADs for J-2 dependents would be limited to one year or until the J status expires — whichever comes first — with no automatic extension.
- I visa holders: Media representatives could face gaps in work authorization, since extensions often take longer than 240 days and premium processing is not available.
- Universities and program sponsors: Schools and J-1 sponsors would need to monitor program dates more closely and issue new I-20s or DS-2019s earlier to allow students and scholars time to file extensions.
Final Thoughts
The proposed rule would be one of the most significant changes to student, exchange visitor, and media representative visas in decades. It would impose fixed timelines, require frequent extensions, and limit flexibility for academic and professional mobility.
At NPZ Law Group, we are closely monitoring this NPRM and can assist students, exchange visitors, universities, and employers in understanding its potential impact.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.