According to reports, a Department of Homeland Security (DHS) proposed rule ending the use of “duration of status” (D/S) for F students, J exchange visitors, and I foreign media representatives, issued in 2025, is likely to be finalized in the coming weeks. If finalized as proposed, U.S. Customs and Border Protection (CBP) would issue an expiration date on Form I-94, Arrival/Departure Record, each time these nonimmigrants enter the United States. Under this rule, F/J/I visa holders would only be allowed to extend their time in the United States through an application to U.S. Citizenship and Immigration Services (USCIS).
This change would mark a significant shift from the current framework, under which many F, J, and I visa holders are admitted for D/S and may remain in the United States as long as they comply with the terms of the underlying program or classification. Once implemented, it will create new compliance obligations and timing concerns for visa holders, Designated School Officials (DSOs), program sponsors, universities, and employers that rely on F, J, or I nonimmigrants.
The most significant change is that F, J, and I nonimmigrants will have a fixed I-94 expiration date. Another noteworthy change is a proposed increase in USCIS oversight of student and exchange visitor programs related to changes in educational level. Universities, DSOs, and exchange program personnel would need to train staff and visa holders to identify changes that could affect status (e.g., a change in program, major, educational objective, or degree level).
Under D/S, many F and J visa holders generally do not begin accruing unlawful presence until USCIS or an immigration judge determines that a status violation occurred. Under fixed admission periods, individuals who remain beyond the I-94 expiration date could begin accruing unlawful presence and, depending on the length of the overstay, may become subject to the three- or ten-year bars. This risk is particularly acute for individuals who mistake the visa stamp expiration date for the controlling I-94 expiration date. The I-94 date, not the visa stamp date, controls authorized stay in the United States. The proposed shortening of grace periods from 60 to 30 days would further reduce flexibility for students and exchange visitors to depart, transfer, change status, or make other post-program arrangements.
The I-94 expiration date controls authorized stay in the United States, even if the visa stamp remains valid for a longer period. Individuals considering program changes, transfers, new educational levels, CPT, OPT strategy, extensions, or travel should consult with counsel or their DSO before taking action.
