Proposed Limits of Stay for F-1 and J-1 Students (2025 DHS Rule Explained)

Introduction: Why DHS Is Reconsidering “Duration of Status”

For decades, international students and exchange visitors under F-1 and J-1 visas have entered the United States under a system called “duration of status” (D/S) — meaning they could remain as long as they maintained lawful student or exchange status.

Now, under the Trump 2025 DHS policy, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) are proposing to replace duration-based stays with fixed-term limits. Customs and Border Protection (CBP) is responsible for inspecting and admitting foreign students at U.S. ports of entry and enforcing border protection policies related to these proposed changes. The proposed fixed period of stay rule would fundamentally change how students plan their studies, optional practical training (OPT), and career transitions.

Immigration Attorney Richard Herman:“Under the proposed DHS rule, F-1 and J-1 students would no longer stay for an indefinite “duration of status.” Instead, they would face fixed maximum stay periods — typically two or four years — with limited opportunities for extension.”

This article explains what the proposal entails, traces its history, examines its impact, and provides practical guidance for students, universities, and sponsors navigating this potential regulatory shift. Most F-1 and J-1 visa holders would be admitted for the length of their academic program, not to exceed four years, which is shorter than the average time required to complete a degree, especially for graduate and doctoral programs.

What Are the Proposed Limits of Stay for F-1 and J-1 Students?

The DHS proposed rule for nonimmigrant students (F-1 and J-1) introduces a fixed period of stay, meaning international students and scholars would be admitted to the U.S. for a specific period (2 or 4 years) rather than the open-ended D/S model currently in use.

Key Changes:

• Two-Year Stay Limit: Students from “countries of concern” (based on DHS risk metrics), or those attending non-accredited or SEVP-probation schools, could be limited to two years.
• Four-Year Stay Limit: The default maximum period for all other eligible F-1 and J-1 visa holders.
• Language Training Programs: F-1 students in language training programs would be limited to a total of 24 months under the proposed DHS rules.
• Extension Requests: Students or exchange visitors would need to apply for an extension if their academic program exceeds the allowed period.
• Transfer Restrictions: Students would not be allowed to transfer or change their academic program or educational objectives within their first academic year or at a lower educational level.
• Revalidation for Transfers or Level Changes: Any change in educational level or educational objectives would require a new stay period application.
• SEVIS Compliance: Schools and program sponsors would need to ensure continuous, timely Student and Exchange Visitor Information System (SEVIS) reporting.

This marks a shift from trust-based compliance (students maintaining lawful status) to time-bound immigration control (DHS-defined expiration dates).

Historical Background — From Duration of Status (D/S) to Fixed Term Proposal

Origins of D/S Policy

The duration of status system began under the Immigration and Naturalization Service (INS) to accommodate the flexible academic schedules of students. As long as the student maintained full-time enrollment, did not work without authorization, and reported address changes, their lawful status remained valid.

This system, codified under 8 C.F.R. § 214.2(f) for F-1 students and § 214.2(j) for J-1 exchange visitors, gave educational institutions significant trust and autonomy. Higher education institutions, in particular, were given significant trust and autonomy under the original D/S policy.

The 2020 Trump Proposal

In September 2020, the Trump administration proposed ending D/S, citing:

• Growing numbers of status violators.
• Inconsistent program durations.
• Overstays from certain countries.

That 2020 proposal faced widespread opposition and was withdrawn by the Biden administration in 2021 after over 32,000 public comments — most critical of the policy’s chilling effect on international education.

Trump 2025 Revival

In September 2025, DHS revived the idea, arguing that indefinite D/S admissions hinder enforcement, data tracking, and national security.

The Trump 2025 DHS policy aims to “restore oversight” and reduce visa overstays by replacing indefinite student stays with fixed end dates.

For historical reference, see the original Federal Register Notice on the Proposed Rule.

What the 2025 Proposed Rule Says

The 2025 DHS proposed rule for F-1 and J-1 students is designed to create predictable expiration dates, enhance DHS monitoring, and close what it calls “program duration loopholes.” Additionally, DHS aims to create consistency in periods of admission across nonimmigrant classifications, enhance oversight, and eliminate fraud.

• The proposed rule would also impact dependent family members (such as those in F-2, J-2, or I-dependent status) by aligning their admission duration with the primary visa holder’s program. Dependent family members would be admitted for the same period of authorized stay and would be subject to the same responsibilities and regulatory changes as the primary visa holder.

Key Provisions:

1. Two-Year Limit for Certain Groups

• Students from countries with high overstay rates.
• Those attending unaccredited schools.
• Students in English language programs (ESL) or programs of “concern.”

2. Four-Year Limit for Others

• Most F-1 degree-seeking and J-1 exchange students would be admitted for up to four years.

3. Transfer Restrictions

• F-1 students would not be allowed to transfer schools until they have completed their first academic year at their current institution.

4. Extensions Only by Application

• Extensions must be filed with USCIS if a student’s program end date, as listed on their I-20 or DS-2019, exceeds the allowed period of stay. Students must demonstrate continued progress, good standing, and program necessity.

5. Mandatory SEVIS Compliance

• Increased institutional reporting obligations.
• Schools failing to report on time could lose SEVP certification.

6. Revalidation for Transfers or Level Changes

• Students changing majors, transferring schools, or pursuing higher degrees must apply for a new stay period.

7. Graduate Program Restrictions

• F-1 graduate-level students would be prohibited from changing their program of study at any point under the proposed rules.

Legal and Policy Rationale

The DHS and Immigration and Customs Enforcement (ICE) justify the fixed period of stay rule as a tool to:

• Curb overstays by enforcing clear expiration dates.
• Enhance national security through better tracking.
• Increase program accountability among SEVP-certified schools.

DHS argues that a fixed stay limit improves oversight and consistency, while opponents say it undermines U.S. higher education’s appeal.

Opposition and Advocacy Response

Universities, higher education associations, and advocates — including NAFSA and the American Immigration Lawyers Association (AILA) — argue that:

• The proposal adds unnecessary bureaucracy.
• It creates uncertainty for degree programs exceeding four years (e.g., PhDs, MDs).
• It discourages international enrollment amid global competition.

NAFSA’s position emphasizes that trust in DSOs (Designated School Officials) and self-reporting is more efficient than adding USCIS adjudications.

Critics assert that replacing D/S with fixed terms transforms academic flexibility into a legal risk.

Impact Analysis — Students, Schools, and U.S. Competitiveness

Impact on F-1 Students

1. Increased Paperwork and Anxiety

• Students may need USCIS extensions mid-degree.
• Risk of falling out of status during delays.
• It is crucial to submit extension applications in a timely manner and ensure they are timely filed to avoid status issues.

2. OPT/CPT Implications

• Time-bound admissions could disrupt post-graduation work eligibility, especially for STEM OPT extensions.
• F-1 students must have a valid employment authorization document to work legally in the U.S.
• An automatic extension may allow eligible students to continue working for up to 240 days if they have properly filed for employment authorization due to severe economic hardship.

3. Financial Strain

• Each extension request adds new filing fees and processing time.

Students pursuing long programs, such as doctoral degrees, would face repeated extension hurdles.

Impact on J-1 Scholars

1. Shortened Exchange Periods
   • Research and cultural exchange programs may be truncated under fixed limits.
2. Fulbright and International Programs
   • Sponsors would need to file frequent extensions, creating administrative burdens.
3. Reduced Flexibility
   • Scholars facing research delays (e.g., lab shutdowns, visa delays) could face early termination risks.

Impact on Universities

1. Compliance and SEVIS Pressure
   • Institutions must intensify data reporting and student monitoring.
2. Administrative Workload
   • Additional advising, filings, and compliance audits.
3. Global Recruitment Impact
   • Students may favor Canada, Australia, or the UK, which offer multi-year visas without mid-program renewals.

Higher education leaders warn that fixed stay limits could make the U.S. less attractive to global talent.

How This Differs from Current Law

Under current regulations, F-1 and J-1 visa holders are admitted for duration of status (D/S) — meaning their lawful stay ends only when they complete their program, violate terms, or fail to maintain enrollment.

Under the proposed fixed-term model, students would be admitted for a specific period and would need to apply for an extension if more time is required. However, requesting multiple extensions may not be acceptable and could impact a student’s legal status, as repeated extension requests are discouraged under the U.S. immigration framework.

Current D/S Model (8 C.F.R. § 214.2(f), (j)):

• No fixed expiration date.
• DSOs and sponsors handle reporting, not DHS.
• Flexibility for legitimate academic changes.

Proposed Fixed-Term Model:

• Mandatory end date on I-94 record.
• Requires USCIS filing for extension.
• Higher risk of status violation for administrative delays. Students who overstay their permitted period or remain after a denied extension will begin accruing unlawful presence, which can lead to serious immigration consequences.
• Grace Period Reduction: The current sixty-day grace period for F-1 students after finishing their degree would be reduced to thirty days under the proposed rule.

Under D/S, lawful stay is tied to compliance; under the proposed rule, it’s tied to a DHS clock.

Legal Challenges and Advocacy Landscape

If finalized, the rule is almost certain to face court challenges. Opponents are expected to argue that it violates the Administrative Procedure Act (APA) by being:

• Arbitrary and capricious, given lack of evidence of widespread abuse.
• Discriminatory, given the focus on specific nationalities.
• Economically harmful, impacting universities reliant on foreign tuition.

Groups like AILA, Niskanen Center, and university coalitions are preparing litigation strategies similar to those used in 2020. The proposed rule also includes foreign information media representatives under the I visa category, subjecting them to similar fixed admission periods and regulatory oversight.

Legal experts say DHS must show data proving D/S is unworkable; otherwise, the rule may not withstand judicial review.

What F-1 and J-1 Students Should Do Now

The proposal is not yet in effect. DHS will first publish the rule in the Federal Register, open it to public comment, and then review before issuing a final rule.

Steps Students Should Take:

1. Stay Informed
   • Monitor updates at the Federal Register.
2. Work With Your DSO
   • Ensure SEVIS records, I-20, or DS-2019 data are accurate and current.
3. Plan for Timely Completion
   • Avoid unnecessary delays in coursework or thesis defense.
4. Explore Legal Options
   • Consult with immigration counsel for guidance on extensions, changes of status, or OPT planning.

Immigration Lawyer Richard Herman: “Students should not panic; the proposed rule is preliminary and could face significant revisions or court blocks.”

Timeline and Next Steps

The rulemaking process typically takes several months due to public comments, revisions, and administrative review. Given potential lawsuits, implementation may be delayed or limited to certain visa categories.*

Frequently Asked Questions (FAQs) — Proposed Changes to Duration of Stay for F-1 and J-1 Students

1. What does “duration of status” (D/S) currently mean for F-1 and J-1 students?
“Duration of status” allows international students and exchange visitors to remain in the United States as long as they maintain lawful student or exchange status — typically by staying enrolled full-time, following SEVIS reporting rules, and refraining from unauthorized work. There is no fixed end date; lawful stay ends when the student completes their program or violates their visa terms.

2. What are the proposed changes to duration of stay under the new DHS rule?
The proposed rule would replace the open-ended “duration of status” model with fixed stay periods, admitting students and scholars for two or four years depending on country of origin, school type, and risk category. After this period, a student would need to apply for a USCIS extension to continue studies or training.

3. Why is DHS proposing fixed limits on F-1 and J-1 duration of stay?
DHS argues that fixed stay limits would help reduce visa overstays, improve national security tracking, and increase oversight of SEVP-certified schools. The agency claims the current D/S system gives too much discretion to schools and makes enforcement difficult.

4. What is the difference between “duration of status” and “fixed period of stay”?
Under “duration of status,” a student’s lawful presence is tied to compliance — as long as they remain in valid status, they are lawfully present. Under a fixed period system, DHS assigns a set expiration date (e.g., four years) regardless of program progress. Students would need to file extension applications before expiration, even if still studying.

5. How long would F-1 students be allowed to stay under the proposed rule?
Most F-1 students would receive four years of authorized stay. However, those from countries with high overstay rates, or enrolled in non-accredited or SEVP-probation schools, would be limited to two years and must apply for an extension to complete their degree.

6. What about J-1 exchange visitors — how would their stay change?
Most J-1 exchange visitors would also be admitted for up to four years, but certain short-term programs (such as English-language or trainee programs) could be limited to two years. Extensions would be available only in narrow circumstances, subject to USCIS approval.

7. Would this proposed rule apply to current students already in the U.S.?
If finalized, DHS could apply the rule prospectively — meaning new entrants after the effective date would be subject to the new time limits. However, DHS may create transition rules for students already admitted under D/S, potentially requiring them to convert to the fixed-date system when extending or transferring. The proposed rule would keep the current grace period unchanged during the transition for nonimmigrants already in the U.S.

8. What happens when a student’s authorized stay period ends?
When the authorized stay period expires, the student’s lawful presence ends automatically, even if they remain enrolled. Staying beyond the expiration date without an approved extension would result in unlawful presence, potentially triggering reentry bars under U.S. immigration law.

9. Can a student apply for an extension under the proposed stay limits?
Yes. Students may file Form I-539 (Application to Extend/Change Nonimmigrant Status) with USCIS before their authorized stay expires. They must show they are still in valid status, making normal academic progress, and attending an SEVP-approved institution.

10. What factors could determine whether a student receives an extension?
USCIS will consider factors such as:

• Continued enrollment and academic progress,
• Accreditation and compliance history of the school,
• Country of origin risk profile,
• Prior immigration violations, if any.

11. How would this affect Optional Practical Training (OPT) and STEM OPT?
Students whose authorized stay expires before or during OPT must extend their status first. Without a valid I-94 stay period, USCIS cannot approve OPT or STEM OPT extensions. This could introduce new delays and uncertainty in post-graduation employment.

12. Will CPT or on-campus employment be affected by the rule?
Curricular Practical Training (CPT) and on-campus work would remain available to eligible students, but all work authorization would now depend on maintaining an unexpired fixed stay period. A pending extension request would be required to preserve eligibility.

13. How will this rule affect doctoral or medical students with long programs?
Students in extended programs (Ph.D., M.D., or dual-degree tracks) could face multiple extension filings, each requiring documentation of progress. Universities worry this could burden students and increase risks of status lapses if USCIS processing times lag.

14. How will schools be impacted by the proposed duration of stay change?
Schools will face heightened reporting responsibilities under SEVIS, closer DHS scrutiny, and possible penalties for late or inaccurate data. DSOs must track and report student progress promptly to avoid jeopardizing institutional certification.

15. What countries would be subject to the two-year limit?
DHS plans to use visa overstay data to classify “countries of concern.” Students from nations with high overstay rates (typically above 10 percent) could be capped at two years. DHS may update this list annually based on new data.

16. Could a student appeal a denied extension request?
If USCIS denies an extension, the student must depart the United States immediately. There is generally no appeal right, though the student may file a motion to reopen or reconsider if DHS made an error. Remaining after denial could trigger serious immigration consequences.

17. Would this change apply to all SEVP-certified schools?
Yes, though students at accredited institutions in good standing would generally receive four-year stays. Those at schools on SEVP probation or with compliance issues could see shortened terms or stricter extension scrutiny.

18. What are the main arguments against the proposed rule?
Opponents — including universities, advocacy groups, and the American Immigration Lawyers Association (AILA) — argue it:

• Adds bureaucracy and costs,
• Threatens U.S. competitiveness for global talent,
• Penalizes students from specific countries,
• Creates risks of status loss due to administrative delays.

19. Has a similar rule been proposed before?
Yes. A similar rule was introduced in September 2020 under the Trump administration but was withdrawn by DHS in 2021 after widespread opposition and a change in administration. The 2025 proposal revives and modifies that earlier plan.

20. When will the proposed rule take effect?
The rule is not yet in effect. DHS will publish the proposal in the Federal Register, accept public comments for 60 days, and then decide whether to finalize, revise, or withdraw it. Implementation could take until 2026 or later, especially if legal challenges arise.

21. Will this rule likely face court challenges?
Yes. Legal experts anticipate lawsuits alleging the rule is arbitrary and capricious under the Administrative Procedure Act (APA) and discriminatory toward certain nationalities. Courts could block or delay enforcement, as happened with similar policies in 2020.

22. What should F-1 and J-1 students do right now?
Students should:

• Monitor Federal Register updates,
• Communicate regularly with their DSO or sponsor,
• Keep SEVIS records accurate, and
• Plan early for OPT or program extensions.

The proposed rule is not final; no immediate action is required unless DHS issues implementation guidance.

23. How can international students and schools submit feedback?
Once the proposal is published, stakeholders can submit formal comments through the Federal Register’s online portal. DHS must review and address all substantive feedback before finalizing the regulation.

24. What are the broader implications for U.S. higher education?
Analysts warn that replacing D/S with fixed stays could make the U.S. less attractive to global students, reduce enrollment, and shift talent to countries with simpler visa systems like Canada, Australia, or the United Kingdom. Universities also fear compliance burdens and increased costs for advising offices.

25. What’s the best way to stay updated on this proposal?
Check official DHS, USCIS, and ICE SEVP announcements regularly. Students may also follow updates from NAFSA and AILA, or consult an experienced immigration attorney for case-specific advice.

Have Questions About the Proposed Rule on Duration of Stay for F-1 and J-1 Students? Talk to an Immigration Lawyer Who Knows What’s at Stake

If you’re an international student, exchange visitor, or university professional trying to understand how the proposed DHS rule on F-1 and J-1 duration of stay could affect your status, study plans, or legal rights, you don’t have to navigate this alone.

The rule could fundamentally change how long students and scholars may remain in the U.S., shifting from the traditional “duration of status” model to fixed-term stays that may require USCIS extensions, new compliance filings, and careful planning for OPT, STEM OPT, and J-1 programs. Missteps could have serious consequences — from delayed graduation to loss of lawful presence.

Understanding how to stay in status, when to apply for an extension, and how to prepare for a possible rule change demands expert, personalized guidance.

That’s why it’s crucial to speak with Attorney Richard T. Herman, a nationally recognized immigration lawyer with more than 30 years of experience, and co-author of Immigrant, Inc.: Why Immigrant Entrepreneurs Are Driving the New Economy (and How They Will Save the American Worker). Richard is an evangelist for the economic and community benefits of welcoming immigrants, and a trusted voice helping students, scholars, and universities adapt to every wave of U.S. immigration reform.

Whether you need to plan for extensions, evaluate alternative visa options, or understand your rights under the new proposal, Richard and his team at the Herman Legal Group will guide you with clarity, compassion, and strategy.

Schedule Your Confidential Consultation Today

Stay informed, stay protected, and stay ahead of changing immigration rules. Speak directly with an attorney who has helped thousands of students and professionals secure their legal status and future in the United States.

📞 Book a consultation now with Richard T. Herman — visit LawFirm4Immigrants.com/book-consultation to schedule your private appointment via Zoom, Skype, or in-office.

Knowledge is your best defense. Insight is your strongest strategy. Let Richard Herman help you build both.

Government Rulemaking & Official Notices

• The Federal Register has published the 2025 proposed rule establishing fixed stay limits and an extension process for nonimmigrant F, J, and I visa holders under DHS’s new framework. Federal Register 2025 Proposed Rule
• For historical context, see the 2020 proposed rule, which first sought to replace the “duration of status” model. Federal Register 2020 Proposal
• The DHS Study in the States blog provides an agency summary and public comment instructions for the 2025 NPRM. Study in the States Announcement

Current Regulations & Definitions

• The Electronic Code of Federal Regulations (eCFR) defines F-1 and J-1 nonimmigrant classifications and their “duration of status” provisions. 8 C.F.R. § 214.2
• For the broader structure of nonimmigrant visa rules, consult the full Part 214 index under DHS regulations. 8 C.F.R. Part 214

DHS / ICE / SEVP Compliance and SEVIS Guidance

• The Student and Exchange Visitor Program (SEVP) outlines governing regulations for certified schools and students. SEVP Governing Regulations
• Study in the States offers a plain-language guide on maintaining lawful F-1 status under current rules. Maintaining F-1 Status
• The I-901 SEVIS Fee portal provides payment processing and official FAQs for all F and J visa participants. I-901 SEVIS Fee Overview
• DHS also provides a step-by-step I-901 payment guide and video walkthrough. How to Pay SEVIS Fee

USCIS — Student Benefits, Extensions, and Employment

• The USCIS Students and Exchange Visitors hub summarizes benefits, eligibility, and filing requirements. USCIS Students Hub
• The Students and Employment section explains work authorization rules for F-1 students. F-1 Employment Overview
• For practical training, see the Optional Practical Training (OPT) resource. OPT for F-1 Students
• For science, technology, engineering, and math fields, review the STEM OPT extension guidance. STEM OPT Extension
• Students needing more time under the proposed fixed-stay rule would file Form I-539 to extend or change nonimmigrant status. Form I-539 Overview
• USCIS lists forms eligible for online filing, including I-539 and I-907 (for premium processing). File USCIS Forms Online

U.S. Department of State — J-1 and Exchange Visitor Programs

• The official BridgeUSA portal explains J-1 exchange categories, eligibility, and sponsor responsibilities. BridgeUSA Home
• The Exchange Visitor (J) Visa section on Travel.State.gov outlines consular processing procedures. Exchange Visitor Visa Overview
• For participant guidance, see BridgeUSA’s participant hub with videos and handbooks. BridgeUSA Participants

CBP — I-94 Records and Admission Information

• Retrieve your current admission record or “Admit Until Date” from the CBP I-94 official site. Check I-94 Record
• The CBP information page provides FAQs on I-94 issuance and retrieval. CBP I-94 Info Page
• The U.S. government’s Arrival/Departure Record guide on USA.gov provides step-by-step help. I-94 Guide
• Troubleshoot missing or incorrect I-94 records using the CBP Help Center. CBP Help Portal

Data and Context — Overstay Reports and Enrollment Statistics

• DHS publishes annual Entry/Exit Overstay Reports with detailed country-level metrics used in stay-limit determinations. DHS Overstay Reports Portal
• The most recent FY 2024 overstay report details student visa overstay trends. FY 2024 Overstay Report
• For historical comparison, view the FY 2023 overstay data. FY 2023 Overstay Report
• DHS’s Office of Homeland Security Statistics tracks the total nonimmigrant population, including F and J visa categories. Nonimmigrant Population Estimates FY 2024
• The Open Doors report, funded by the U.S. Department of State and conducted by IIE, provides authoritative international enrollment data. Open Doors Data
• DHS’s Study in the States blog summarizes highlights from recent Open Doors findings. Open Doors Summary by DHS

Professional Associations and Advocacy Groups

• NAFSA: Association of International Educators offers a policy explainer on duration of status and institutional advocacy tools. NAFSA D/S Explainer
• NAFSA’s regulatory resource center tracks the 2025 DHS proposal’s timeline and impact analysis. NAFSA NPRM Resource Page
• The Association of American Universities (AAU) publishes policy statements and public comments on proposed D/S changes. AAU Immigration Hub
• The American Council on Education (ACE) provides research briefs on the implications of immigration policy for U.S. higher education. ACE International Students Resources

Campus and Institutional Briefings

• The Yale Office of International Students & Scholars (OISS) offers a concise breakdown of the 2025 DHS proposal and action items. Yale OISS Summary
• The University of Connecticut’s Global Affairs office provides an advisory on institutional responsibilities under the proposed rule. UConn Global Advisory

Usage and SEO Integration Tips

• When referencing the rule text, embed anchor links to Federal Register and eCFR pages for authority signals.
• To explain extension filings, pair the Form I-539 link with OPT/STEM OPT resources.
• To illustrate risk-based 2-year stays, connect your anchor to the Overstay Report Portal.
• For J-1 program context, embed BridgeUSA and Travel.State.gov links in your text.