The Trump administration is advancing a significant immigration policy change through a proposed rule by the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) under Executive Order 12866, which governs significant regulatory actions. 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,” the rule aims to replace the current “duration of status” policy with fixed time periods for visa holders in the F (academic students), J (exchange visitors), and I (foreign media representatives) nonimmigrant categories.
The proposed rule has cleared federal review by the Office of Information and Regulatory Affairs (OIRA) on August 7, 2025, following submission to the Office of Management and Budget (OMB) on June 27, 2025. Under the existing “duration of status” framework, individuals in these visa categories are admitted to the United States for the duration of their program or assignment without a specific end date on their visa status, provided they maintain compliance with visa requirements.
The proposed rule seeks to eliminate this flexibility, introducing fixed admission periods and requiring visa holders to apply for extensions of stay if they wish to remain in the U.S. beyond the designated time. This policy shift could affect a substantial number of individuals. In fiscal year 2024 alone, the Department of State issued over 400,737 F1 visas, 24,055 F2 visas, 12,924 I visas, 322,820 J1 visas, and 32,512 J2 visas. In FY 2023, the Department of State issued over 445,418 F1 visas, 26,844 F2 visas, 10,796 I visas, 316,693 J1 visas, and 32,028 J2 visas.
In FY 2023, DHS admitted over 1,700,280 foreign students under the F visa category, 543,280 exchange visitors under the J visa category, and 32,470 representatives of foreign information media and their spouses and children under the I visa category. The number of F visa holders in FY 2022 was 1,264,290 and J visa holders was 432,430, both admitted by DHS. The number of I visa holders admitted by DHS was 25,270.
While the regulatory review process has concluded, the publication date for the proposed rule remains unspecified, and the specific content of the rule is also unknown. After the regulation is released for publication in the Federal Register, its specific content will be made public. The proposed regulation is expected to be released for publication in the Federal Register in the coming days or weeks. DHS would be expected to accept public comments on the proposal for either 30 or 60 days after publication. After considering the comments, the agency would then publish a final rule, which will include an implementation timeframe. The process typically takes several months or more.
This is not the first time the Trump administration has targeted the D/S policy. On September 25, 2020, DHS published a similar proposed rule in the Federal Register with the same title, aiming to impose fixed time periods for F, J, and I visa holders. That proposal sought to limit initial stays to a maximum of four years for most visa holders, with shorter two-year periods for those from countries with high visa overstay rates (above 10%) or those on the State Sponsor of Terrorism list.
Exceptions were proposed for certain groups, such as students in four-year degree programs, who could receive stays aligned with their program length, up to four years. Extensions would have required USCIS approval, with applications subject to scrutiny for fraud, national security risks, or program compliance. The 2020 rule was justified by DHS as a means to enhance national security, reduce visa fraud, and improve oversight of nonimmigrant programs. The department argued that the D/S policy lacked clear mechanisms to track whether visa holders were adhering to their authorized activities, potentially allowing overstays or unauthorized employment to go undetected.
However, the proposal faced significant backlash from higher education institutions, exchange programs, and immigration advocates. Critics argued it would impose substantial administrative and financial burdens on international students, scholars, and institutions, requiring frequent extension applications and increasing costs. Universities expressed concerns that the rule would deter international talent, undermining U.S. competitiveness in global education markets where countries like Canada and Australia offer more flexible visa policies.
Despite receiving over 32,000 public comments, the 2020 rule was not finalized. Following President Biden’s inauguration, DHS withdrew the proposal in 2021, citing the need to reassess its impact and align with the administration’s immigration priorities, which emphasized welcoming international students and scholars.
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Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
