The Department of Homeland Security has submitted a proposed regulation that would end the long-standing “duration of status” policy for certain nonimmigrant visa holders, moving a step closer to implementation after sending the rule for federal review.
The rule, now under review by the Office of Management and Budget, would require international students, exchange visitors and foreign media representatives—classified under F, J and I visas—to adhere to fixed periods of stay in the United States rather than remaining for the duration of their academic or professional programs.
If finalized as proposed, affected visa holders would need to apply for extensions and undergo biometric screening to remain in the country beyond their authorized period. Those who overstay would begin accruing unlawful presence immediately after their admission period expires, a shift from current policy that generally requires a formal violation finding by immigration authorities.
The regulation is expected to introduce additional changes, including shortening the grace period for F-1 students from 60 days to 30 days and placing new limits on academic program changes. Undergraduate students would be barred from changing majors or programs during their first year except in limited circumstances, while graduate students could face a complete restriction on such changes.
The proposal also clarifies rules for international travel while applications are pending, stating that travel outside the United States could, in some cases, result in abandonment of extension or change-of-status requests.
For foreign media representatives, the rule would more narrowly define eligibility, requiring organizations to be primarily engaged in journalistic activities and based outside the United States. Entertainment-related roles, such as reality television appearances, would generally not qualify.
It remains unclear whether the final rule will include a provision to eliminate deference to prior immigration petition approvals, a change previously proposed by DHS.
Immigration experts say the regulation, if enacted, would increase administrative burdens on visa holders, educational institutions, exchange sponsors and employers, while likely adding to existing processing delays at U.S. Citizenship and Immigration Services due to a surge in extension applications.
Following OMB review, the rule is expected to be published in the Federal Register and could take effect within 30 to 60 days.
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.
