DHS Issues Final Rule Ending "Duration of Status" for F, J, and I Visa Holders

The Department of Homeland Security (DHS) has announced a final rule that eliminates the long-standing "duration of status" framework for foreign students, exchange visitors, and media representatives, replacing it with a fixed period of admission for individuals in the F, J, and I nonimmigrant classifications.

Under the prior framework, in place since 1978, students and exchange visitors were admitted for an unspecified period tied to their continued enrollment, rather than to a defined end date. Stays in the United States were governed by the Student and Exchange Visitor Information System (SEVIS) which allowed schools to extend a student’s authorized stay without filing status extensions with USCIS. The final rule establishes fixed admission limits and shifts oversight of extensions from academic institutions back to federal authorities.

Under the new rule, F (student) and J (exchange visitor) nonimmigrants will be admitted for the length of their program, not to exceed a maximum of four years. Visa holders needing additional time to complete a program must file an Extension of Stay (EOS) directly with U.S. Citizenship and Immigration Services (USCIS), subjecting applicants to biometric vetting, background checks, and fraud screening.

The post-graduation window for F-1 students to depart, transfer schools, or change status is reduced from 60 days to 30 days and the rule imposes new limitations on academic program changes. Current visa holders under the previous framework will transition automatically, with their authorized stay capped at a maximum of four years from the rule's effective date.

The Student and Exchange Visitor Program (SEVP), managed by U.S. Immigration and Customs Enforcement, will continue to oversee schools and F and M nonimmigrant students through the Student and Exchange Visitor Information System (SEVIS).

For more information, please see the USCIS announcement here.