DHS Rule to Establish Fixed Admission Periods for F‑1, J‑1 and I Visa Holders Moves to OMB Review

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

May 6, 2026 – The Department of Homeland Security (DHS) has advanced its proposed rule to replace Duration of Status (D/S) with fixed admission periods for F‑1 academic students, J‑1 exchange visitors and I‑visa media representatives.

The White House Office of Management and Budget (OMB) is now reviewing the rule — the final step before DHS releases it publicly.

According to the OMB’s regulatory agenda, 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) is currently pending Executive Office review.

What This Means

OMB review is typically the final step before a rule is published in the Federal Register as either a Final Rule or an updated proposed rule. If implemented, the regulation would significantly change how international students and exchange visitors maintain status in the U.S. and could introduce new compliance requirements for schools, employers and visa holders. However, the rule’s exact details will remain unknown until DHS publishes the text in the Federal Register.

Envoy Global will continue monitoring the rule as it moves through the OMB review process and will provide updates once the text is released.

Background on the Rule

DHS has long signaled its intent to move away from the Duration of Status (D/S) model and instead admit F‑1 students, J‑1 exchange visitors and I‑visa media representatives for fixed periods of stay, generally up to four years, with shorter periods for certain categories or countries. Individuals who need additional time must file an extension of stay with USCIS.

Regulatory History

• 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.

Key Provisions in the 2025 NPRM

• 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.

DHS estimated that the rule would affect more than two million nonimmigrants annually and projected annualized costs of $390–$392 million over the next decade.

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