The Department of Homeland Security (DHS) has issued a final rule that significantly changes how F-1 students, J-1 exchange visitors, and I visa holders are admitted to the United States. Effective 60 days after publication, the rule replaces the longstanding “Duration of Status” (D/S) admission with a fixed period of stay.
Under the previous D/S system, eligible non-immigrants could generally remain in the U.S. for the duration of their academic program, exchange program, or qualifying media assignment, provided they maintained valid status. The new rule instead requires admission for a specific period, with extensions of stay to be filed with U.S. Citizenship and Immigration Services (USCIS) when additional time is needed.
Key Changes
- D/S admission is eliminated for F, J, and I non-immigrants and their dependents.
- F-1 and J-1 admissions will generally be limited to the duration of the approved program (subject to a four-year cap in most cases), followed by a 30-day grace period.
- I visa holders will be admitted for the duration of their assignment, generally up to 240 days.
- Individuals requiring additional time must file an Extension of Stay with USCIS.
- Unlawful presence will begin automatically once the authorized period of admission expires, increasing the importance of timely filings.
- Certain employment authorization holders who timely file extension requests may continue working under applicable automatic extension provisions.
What This Means
This rule represents a significant shift in immigration compliance for international students, exchange visitors, educational institutions, exchange program sponsors, and employers. Individuals in F, J, or I status should carefully monitor their authorized period of stay and plan to avoid gaps in status or the accrual of unlawful presence.
Institutions and employers should also review their internal immigration compliance procedures to ensure timely filing of extension requests and proper tracking of admission expiration dates.
If you have questions about how these changes may affect you or your organization, our immigration team is available to assist with compliance planning and extension strategies.
The Law Offices of Luke Bowman will continue to monitor these developments and provide updates. If you have questions about how this may affect your organization or immigration matters, or if you would like a case-specific assessment, please book an appointment here.