August 28, 2025 Proposed Changes to Duration of Status (D/S) for F & J Nonimmigrants

On August 28, 2025, DHS proposed ending “duration of status” (D/S) for F and J nonimmigrants. The proposal, which is currently open for public comment, aims to replace D/S with fixed periods of stay.

Summary of Proposed Changes

• Admission for F and J nonimmigrants will be until the program end date on their I-20 or DS-2019, not exceeding 4 years, with an additional 30 days post-program.
• Extensions must be requested via Form I-539 before the stay expires.
• The grace period for F statuses will be reduced to 30 days, matching J status.
• Restrictions on changing programs, majors, or education levels within the first academic year for undergraduates.
• No eligibility to undertake programs at the same or lower level after completing one.
• Transition provisions will apply for those admitted under D/S before the rule's effective date.
• Accrual of unlawful presence will begin immediately after the specified admission period expires.

Next Steps

• Read DHS Proposes to Replace Duration of Status with Fixed Periods of Stay for F & J Nonimmigrants for more information on this proposed rule.
• Watch our Town Hall Webinar for everything we know as of September 10, 2025.
• OISS is still analyzing the proposed rule language in more detail and will post additional updates, guidance, and FAQs. 
• DHS will review public comments, possibly revise the rule, and then publish a final version with an effective date.

Suggested Action Items

• Stay informed about updates from OISS regarding the proposed rule.
• Be prepared to submit comments on the rule by September 29, 2025.
• Consider the impact of these changes on your academic or professional plans.