DHS to Propose Fixed Admission Periods for F, J and I Visa Holders

Key Point 

• A new DHS proposal would replace the “duration of status” (D/S) model with fixed admission periods for academic students, exchange visitors, foreign media representatives and other categories historically admitted under D/S, including professors and physicians

Nonimmigrant Admission Periods

August 28, 2025 – Following its August 27, 2025 announcement, the U.S. Department of Homeland Security (DHS) has provided additional context around its proposed rule to eliminate the “duration of status” (D/S) model. DHS emphasized that it intends the rule to advance a broader enforcement agenda that curbs visa abuse and strengthens national security.

Key clarifications include:

• Expanded Scope: In addition to academic students (F), exchange visitors (J), and media representatives (I), the rule would apply to other categories historically admitted under D/S, including professors and physicians.
• Enforcement Rationale: DHS cited concerns about “forever students,” prolonged stays without vetting, and taxpayer burden. The agency framed the rule as a corrective measure to close oversight gaps and improve data access through SEVP and SEVIS.
• Historical Context: DHS originally proposed the rule in 2020, withdrew it in 2021, and reintroduced it in 2025 under the Trump Administration.

These updates reinforce DHS’s intent to replace flexible admission models with fixed periods that require formal extension requests and periodic review.

 August 27, 2025 Update

August 27, 2025 – On August 28, 2025, the U.S. Department of Homeland Security (DHS) is expected to publish a Notice of Proposed Rulemaking (NPRM) in the Federal Register that would significantly revise how certain nonimmigrants are admitted and monitored in the U.S. 

The proposed rule would change how F (academic students), J (exchange visitors), and I (foreign media representatives) enter the U.S. Under the current “duration of status” (D/S) model, DHS allows these individuals to remain in the country as long as they meet the conditions of their visa. DHS now plans to replace this flexible model with fixed admission periods, typically up to four years, based on the length of their academic program, exchange activity or media assignment. 

Key provisions of the proposed rule include: 

• Extension of Stay (EOS): Individuals wishing to remain in the U.S. beyond their fixed admission period would be required to file an EOS application with USCIS. This process may include biometric collection and additional documentation. 
• Transition Period: DHS will assign current D/S holders a fixed admission period based on their Form 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 may continue on-campus employment for up to 240 days. Special Student Relief (SSR) and hardship-based employment authorizations would also be eligible for temporary extensions. 
• Educational Restrictions: The rule introduces limits on school transfers and changes in educational objectives, particularly for graduate-level students. 
• Compliance and Oversight: DHS cites national security concerns and fraud prevention as key motivations for the change, referencing past cases of visa misuse and recommendations from the GAO. 

DHS projects its rule change will affect over two million nonimmigrants each year. It also estimates annualized costs of $390–$392 million over the next decade.

The public comment period opens August 28, 2025. Comments on the proposed rule are due by September 29, 2025. Comments related to the information collection requirements are due by October 27, 2025.

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