On August 28, 2025, the U.S. Department of Homeland Security (DHS) published a proposed rule that would eliminate “Duration of Status (D/S)” for individuals in F and J nonimmigrant status.
This is a proposed rule only and, at present, nothing has changed. More on this below.
What is Duration of Status (D/S)?
Most nonimmigrants are admitted into the U.S. for a specific duration of time, e.g. H-1B visa holders are generally admitted to the U.S. for 3 years from the date of entry. However, those in F and J status have historically been admitted for “D/S”, rather than for a fixed period. This means that students and scholars in F and J status could remain in the U.S. as long as they maintained their academic or research program requirements and had a valid I-20 or DS-2019.
What would change under the proposal?
- The U.S. period of stay for F and J nonimmigrants would change from D/S to a specific end date, not to exceed four years. To extend their stay beyond the fixed period, F and J nonimmigrants would need to file an extension request with the Department of Homeland Security (DHS).
- Any additional time (for program extensions, transfers, higher academic levels, F-1 OPT, F-1 STEM OPT, or J-1 Academic Training) would require filing an Extension of Stay application (Form I-539) with USCIS.
- Grace periods for F-1 students would be reduced from 60 days to 30 days (matching the current J-1 policy).
What’s next?
Because this is a proposed rule, there are no immediate changes for F-1 or J-1 students and scholars or their dependents.
For the proposed rule to take effect, it would need to be published as an “interim” or “final” rule, following public comment and in accordance with formal rulemaking procedures.
OGS is monitoring the proposed rule closely and will continue to provide updates to support the Northeastern community. Students and scholars with questions should contact OGS directly.