A new Department of Homeland Security (DHS) proposed a rule to replace the Duration of Status with fixed admission periods for student visas. The new proposed rule applies to F-1, J-1, and I-visa beneficiaries. The White House Office of Management and Budget (OMB) is reviewing the rule before the DHS publicly releases it. Given the time required for OMB review and public comment, the new rule will likely finalize as early as September 4, 2026.
The DHS originally announced the new rule back in August, 2025. The Department introduced the change due to fear of so-called ‘forever students’. These are individuals staying in the U.S. for long periods of time on a student visa without periodic vetting.
Details of the Proposed Rule
Key components of the proposed rule include:
- Fixed Admission Periods: Admission tied to program end dates, capped at four years.
- Extension of Stay (EOS): Individuals who need more time must file Form I‑539, potentially including biometrics and additional documentation.
- Transition for Current D/S Holders: DHS would assign a fixed period based on the I‑20 or DS‑2019 end date, capped at four years from the rule’s effective date.
- Employment Authorization: F‑1 students with pending EOS applications could continue on‑campus employment for up to 240 days; SSR and hardship‑based EADs would be eligible for temporary extensions.
- Educational Restrictions: New limits on school transfers and changes in educational objectives, particularly at the graduate level.
- Compliance and Oversight: DHS cited national security and fraud‑prevention concerns, referencing GAO recommendations and past misuse cases.
The DHS estimates the new rule impacts at least two million nonimmigrant visa holders every year.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.