Transcript:
If you’re an international student, exchange visitor, journalist, university administrator, employer, or immigration lawyer, pay attention to this one. A proposed DHS rule that could fundamentally change how certain non-immigrants maintain status in the United States just moved one step closer to becoming reality. And despite what some headlines suggest, this isn’t simply about replacing D/S on an I-94 with an expiration date.
This proposal could change how long people can remain in the US, how they extend their s- their status, when unlawful presence begins accruing, and even how immigration benefits are reviewed going forward. So as of June 17th, 2026, we’re significantly closer to seeing those changes become reality.
And so where does the rule stand? Well, DHS first proposed this rule in August 2025, and after reviewing public comments, the agency submitted a final version to the OIRA, the Office of Information and Regulatory Affairs, for review. On June 17th, OIRA completed that review, and the review was concluded consistent with change, which means revisions were likely made.
What changed, however, remains unknown until the final rule is released. The next step is publication in the Federal Register. If that happens, the rule is expected to take effect 60 days later. In other words, nothing has changed yet, but this is no longer just a proposal sitting on a shelf. We may be looking at a finalized regulation very soon.
Now let’s talk about what could actually change. For decades, many F, J, and I non-immigrants have been admitted for duration of status, or D/S. If you’ve ever looked at an F-1 student’s I-94, you’ve probably seen D/S instead of an expiration date. In practical terms, that means students can generally remain in the US as long as they continue complying with the terms of their program.
Need extra time to finish a degree? Well, in many cases, the school can simply extend the student’s I- I-20. No USCIS filing, no filing fee, no biometrics appointment, no government adjudication. proposed rule would largely replace that system with fixed admin- admission periods, generally tied to the length of the program and often capped at 4 years. That means many students and exchange visitors who currently rely on school-based extensions could eventually find themselves filing extension applications directly with USCIS, and that’s where the real-world consequences More applications, more filing fees, more biometrics appointments, more processing delays, more requests for evidence, and more opportunities for people to fall out of status because of missed deadlines or paperwork mistakes.
Universities have warned that these changes could create substantial new burdens for both schools and students. But the admission period may not be the biggest issue here. The unlawful presence provisions might be. Under the current system, F, J, and I non-immigrants generally do not begin accruing unlawful presence simply because they fall out of status. Typically, unlawful presence starts only after a formal determination by USCIS or an immigration judge.
But this proposal could change that. Instead, unlawful presence could begin accruing automatically once a person’s authorized admission period expires, and that’s a much bigger deal than many people realize. We’re no longer talking about paperwork. We’re talking about potential 3year and 10-year bars to re-entry. A technical status issue that w- might once have been fixable could suddenly carry much more serious consequences.
The proposal also contains several other significant changes. The F-1 grace period would be reduced from 60 days to 30 days. English language training programs would generally be capped at 24 months. Undergraduate students could face restrictions on transfers and changes in 0 in educational objectives during their first year. Graduate students could face even stricter limits, including restrictions on changing programs, transferring schools, or pursuing multiple programs at the same educational level.
Think about real life for a moment. Research projects change. Faculty advisors leave. Funding disappears. Career goals evolve. Students adjust their plans all the time. The proposed rule would make many of those changes more difficult.
proposal would also require biometrics for extension applications, adding another layer of government review that does not currently exist for most students. And then there’s a provision immigration lawyers are watching very closely, prior deference. Now historically, if USCIS approved a petition and the facts remained largely the same, officers were generally expected to give some weight to that prior approval. It created predictability.
The proposed rule could move away from that approach and give officers greater authority to revisit previously approved facts and conclusions from scratch. That may not sound like a student visa issue, but its implications could reach far beyond F and J status. It reflects a broader trend we’re seeing across the immigration system, more scrutiny, more re-adjudication, and less reliance on prior approvals. So what should people do right now?
Well, first, don’t panic. Nothing has changed yet. Duration of status still exists today, and the current rules remain in effect. But second, pay attention. This rule is much closer to becoming reality than it was even a few weeks ago. And third, remember that we still haven’t seen the final version. OIRA completed its review consistent with change, which means important revisions may have been made.
Until the final text is published, we simply don’t know what survived and what didn’t, but one thing is clear. This proposal is about far more than admission periods. It’s about moving a large portion of the immigration system away from school-administered compliance and towards direct government oversight. More filings, more adjudications, less flexibility, and potentially greater consequences when something goes wrong.
If finalized largely as proposed, this could become one of the most significant regulatory changes affecting international students and exchange visitors in decades. As soon as the final rule is released, I’ll be reviewing every page and breaking down exactly what happened, what stayed the same, what it means in the real world.
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