The U.S. Department of Homeland Security (DHS) is advancing a proposal to replace the “duration of status” (D/S) policy for F (student), J (exchange visitor), and I (foreign media) visa holders with fixed visa periods, potentially starting July 2025. Currently, these visa holders can stay in the U.S. for the duration of their approved program or assignment without a set departure date on their I-94 record. The proposed rule, which cleared the White House’s Office of Management and Budget on August 8, 2025, would impose fixed stay periods, likely capped at two or four years, requiring visa holders to apply for extensions if additional time is needed.
Key Details:
- Purpose: DHS aims to enhance oversight, reduce visa overstays, and improve national security by tracking visa holders more closely.
- Impact: The change could increase administrative burdens, costs, and uncertainty for international students, exchange visitors, and foreign journalists. Extensions would involve additional paperwork, fees, and potential delays. Fixed periods may also lead to accruing “unlawful presence” if deadlines are missed, risking reentry bans.
- Specifics: The 2020 Trump-era proposal, which this rule resembles, suggested four-year caps for most visa holders and two-year limits for those from countries with high overstay rates (>10%), state sponsors of terrorism, or unaccredited schools. English language programs were also limited to 24 months.
- Affected Groups: Hundreds of thousands of international students, exchange visitors, and foreign media representatives could face disruptions, particularly those in multi-year programs like Ph.D.s or journalism assignments. Universities and employers may also be impacted due to reduced flexibility and potential talent loss.
- Process: The proposal will soon be published in the Federal Register, opening a 30- to 60-day public comment period. After reviewing feedback, DHS will issue a final rule with an implementation timeline, which could take months.
Criticisms and Context:
- Critics argue the change adds unnecessary hurdles, as overstay rates for these visa categories are low (around 3.6% in 2023). The D/S system has provided flexibility for decades, and fixed terms could deter international talent.
- The proposal revives a 2020 Trump administration plan that was withdrawn in 2021 under Biden due to lawsuits and opposition from universities. Its revival reflects a tougher immigration stance.
- Additional measures include increased vetting, social media screening, and potential limits on Optional Practical Training (OPT), which could affect STEM students’ post-graduation work opportunities.
What to Do:
- Visa holders should monitor updates and consult immigration professionals to prepare for potential changes.
- Universities, sponsors, and media organizations may need to adjust compliance processes and advocate during the comment period.
The rule is not yet finalized, and legal challenges are likely, similar to those that halted the 2020 proposal. For the latest details, check the Federal Register or official DHS/USCIS websites.