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Immigration News Alert
DHS Rule to Establish Fixed Admission Periods for F‑1, J‑1 and I Visa Holders Clears OMB Review
Key Point
- DHS has completed White House (OMB/OIRA) review of its proposed rule to replace the “duration of status” (D/S) model with fixed admission periods for F‑1, J‑1 and I visa holders and plans to publish it soon.
The rule would apply broadly to individuals historically admitted under D/S, including students, exchange visitors, media representatives and certain professors and physicians.
Nonimmigrant Admission Periods
June 23, 2026 — The Department of Homeland Security (DHS) rule to establish fixed admission periods for F‑1 academic students, J‑1 exchange visitors and I‑visa media representatives has now completed OMB review, marking the final stage before publication in the Federal Register.
What This Means
The completion of OMB review confirms that the rule has cleared final federal review and is close to release.
Once DHS publishes the rule, it will likely significantly change how international students and exchange visitors maintain status in the U.S. and may introduce new compliance requirements for schools, employers and visa holders.
Envoy Global expects DHS to release the rule soon and to provide the full regulatory text, implementation timelines and effective dates at that time. The team will continue to monitor developments and will provide updates when DHS publishes the rule.
Key Provisions in the 2025 NPRM
The rule, titled “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media” (RIN 1653‑AA95), would replace the Duration of Status (D/S) framework with fixed admission periods for certain nonimmigrant categories, including F‑1 students, J‑1 exchange visitors, I‑visa media representatives and other individuals historically admitted under D/S.
Under the proposal:
- Fixed Admission Periods: Admission would generally be tied to program dates and capped at up to four years, with shorter durations in some cases
- Extension of Stay (EOS): Individuals needing additional time would be required to 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, generally capped at four years from the rule’s effective date
- Employment Authorization: Certain F‑1 students with pending EOS applications could continue on‑campus employment for up to 240 days
- Educational Restrictions: Potential limits on school transfers and changes in educational objectives
- Compliance and Oversight: Increased vetting and monitoring, with a focus on fraud prevention and national security
DHS estimates the rule could affect more than two million nonimmigrants annually, with projected costs of $390–$392 million over the next decade.
Regulatory History
- May 6, 2026: DHS advanced a proposed rule to replace the Duration of Status (D/S) framework with fixed admission periods for F‑1 academic students, J‑1 exchange visitors and I‑visa media representatives. At the time, the rule was under White House (OMB) review.
- August 27–28, 2025: DHS announced and then published a Notice of Proposed Rulemaking (NPRM) outlining its plan to eliminate D/S. The agency framed the change as part of a broader enforcement agenda aimed at curbing visa abuse, strengthening national security and improving oversight through SEVP and SEVIS.
- Scope Expansion: DHS clarified that the rule would apply not only to F, J and I categories but also to other nonimmigrants historically admitted under D/S, including certain professors and physicians.
- Enforcement Rationale: DHS cited concerns about “forever students,” prolonged stays without periodic vetting and gaps in data visibility. The agency emphasized that fixed admission periods would allow for more consistent review of nonimmigrant activity.
- Historical Context: DHS proposed a similar rule in 2020, withdrew it in 2021, and reintroduced it in 2025.
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