Trump Administration Proposes Fixed Visa Terms for Foreign Students and Journalists, Ending “Duration of Status,” NPRM Set for Tomorrow

U.S. Customs and Border Protection officers direct arriving international passengers in the baggage claim area at Phoenix Sky Harbor International Airport in Phoenix, Ariz. CBP Photo by Jerry Glaser

The U.S. Department of Homeland Security (DHS) is set to publish a Notice of Proposed Rulemaking (NPRM) on August 28, 2025, in the Federal Register. The proposal aims to end the “Duration of Status” (D/S) framework and establish fixed visa terms for foreign students and journalists.

The NPRM’s summary states, “Unlike most nonimmigrant classifications, which are admitted for a fixed time period, aliens in the F (academic student), J (exchange visitor), and most I (representatives of foreign information media) classifications, with limited exceptions, are currently admitted into the United States for the period of time that they are complying with the terms and conditions of their nonimmigrant classification (‘duration of status’). The U.S. Department of Homeland Security (DHS) proposes to amend its regulations by changing the admission period in the F, J, and I classifications from duration of status to an admission for a fixed time period.”



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 proposed rule would bring significant changes to the admission policies for F (academic students), J (exchange visitors), and I (foreign media representatives) nonimmigrant visa categories.

The rule seeks to replace the current D/S framework, which allows these nonimmigrants to remain in the U.S. for the duration of their program or assignment without a specific end date. Currently, as long as they comply with visa requirements, F, J, and most I nonimmigrants are admitted without a predetermined end date.

The proposed rule would eliminate this flexibility by introducing fixed admission periods. F and J nonimmigrants would be granted a stay of up to four years, based on the length of their program. I nonimmigrants would be granted up to 240 days, with exceptions for certain individuals from the People’s Republic of China. Those who wish to remain beyond their authorized period must apply for an extension of stay (EOS) through U.S. Citizenship and Immigration Services (USCIS).

For F-1 students, the rule mandates completing the first academic year at the school that issued their Form I-20. It also prohibits graduate-level students from changing programs during their studies and restricts program changes to a higher educational level only. The post-completion departure period for F-1 students would be reduced from 60 to 30 days, and language training students would be limited to a 24-month aggregate stay. The rule also allows for automatic extensions of employment authorization for F nonimmigrants with pending EOS applications under certain conditions, for up to 240 days.

For I nonimmigrants, the rule would codify definitions and evidence requirements for foreign media organizations and clarify employment authorization rules for both J and I visa holders. Additionally, the collection of biometric information may be required for EOS applications.

DHS will accept public comments on the NPRM for 30 days, until September 29, 2025, via the Federal eRulemaking Portal. Comments on the information collection requirements must be submitted within 60 days, by October 27, 2025, to the same docket or to the Office of Management and Budget’s Office of Information and Regulatory Affairs.

After reviewing the public comments, DHS will publish a final rule with an implementation timeline, a process that typically takes several months. The proposed rule is estimated to incur annualized costs of $390.3 million to $392.4 million (at 3% and 7% discount rates) for all parties, with U.S.-based parties facing costs of $86.3 million to $88.1 million.

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.

 

According to the 2024 Open Doors Report, the U.S. set a new record by welcoming 1.13 million international students. During the 2023-24 academic year, 16,742 Nepali students enrolled in U.S. universities, making Nepal the 10th largest source country for international students in the U.S.

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.

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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