TLDR: The Department of Homeland Security has proposed a rule that would end “duration of status” admission for F-1 students, J-1 exchange visitors, and most foreign media (I visa) holders. Instead of being admitted for as long as their program lasts, these nonimmigrants would receive fixed admission periods, generally capped at four years, with formal USCIS extension filings required to stay longer. The rule would also shorten the F-1 grace period from 60 days to 30, restrict program and major changes within the first year, and remove the regulatory codification of USCIS’s prior deference policy. The proposal advanced to OMB review on May 5, 2026, but it is not yet in effect, and DHS may still modify it. If finalized as written, it would mark one of the most significant procedural shifts for international students and exchange visitors in decades.
What “Duration of Status” Means Today
For decades, F-1 students, J-1 exchange visitors, and certain I nonimmigrants have been admitted to the United States for “duration of status,” or D/S. Rather than carrying a fixed expiration date, their Form I-94 simply reads “D/S.” That means they can remain in the country as long as they continue meeting the terms of their program and maintain valid documentation from their school or program sponsor, like the Form I-20 or DS-2019.
It is a flexible system. A graduate student whose dissertation takes an extra semester, or a medical resident whose fellowship runs six years, can typically adjust their program end date through their school or sponsor without ever filing paperwork with USCIS.
The proposed rule would change that.
The Core Change: Fixed Admission Periods
Under the DHS proposal, F-1 and J-1 nonimmigrants would receive a specific expiration date on their I-94, generally tied to the program end date listed on their Form I-20 or DS-2019, and capped at four years. Anyone needing more time would have to file Form I-539 with USCIS, pay the $470 base filing fee, and attend a biometrics appointment.
That is a major procedural shift, and with more than 1.6 million F admissions in 2023 alone, the impact on USCIS workload would be substantial.
Why Processing Delays Are a Real Concern
If even a fraction of the over one million international students in the U.S. suddenly need to file extension requests they never had to file before, USCIS case volume could surge. The likely results: longer adjudication times, more Requests for Evidence (RFEs), and more students caught in limbo while their applications sit in a queue.
A Shorter Grace Period for F-1 Students
The proposal would also cut the standard F-1 grace period in half, from 60 days to 30. After a program ends, students would have just one month to either prepare to depart, file a change of status, or transition to new employment authorization. That compressed window affects everything from job start dates to housing logistics to international travel.
Tighter Restrictions on Program Changes
The proposed rule would significantly limit F-1 flexibility in choosing or changing a course of study.
The One-Year Lock-In
F-1 students generally would not be permitted to change educational levels, degree programs, or fields of study within one year of the program start date listed on the initial Form I-20 used for admission, absent limited exceptions. A student who arrives planning to study computer science but discovers a passion for economics would have far less room to pivot than under current rules.
No More Lateral or Backward Moves
Currently, F-1 students can pursue another program at the same or lower educational level, like a second bachelor’s degree, while maintaining status. The proposed rule would require progression to a higher educational level, effectively ending that option.
The Prior Deference Policy Is on the Table Too
One provision that has flown under the radar deserves attention from anyone who extends or renews a nonimmigrant status, not just F, J, and I holders.
Historically, USCIS has generally deferred to prior approval decisions when adjudicating extension petitions involving the same parties and substantially similar facts, absent fraud, material error, or a significant change in circumstances. The proposed rule would remove that deference language from the regulations, giving USCIS broader discretion to re-examine underlying eligibility at every extension. In practice, that means a previously approved case could face fresh scrutiny each time it is renewed.
Why J-1 Physicians Should Pay Close Attention
Foreign-trained physicians frequently participate in residency and fellowship programs that extend well past four years. Today, those extensions are typically coordinated through ECFMG and the program sponsor. Under the proposal, physicians could face repeated USCIS extension filings to complete training, creating cost, timing, and administrative challenges for them and for the hospitals and training programs that rely on them.
What Employers Need to Know
Employers who hire F-1 students, particularly those on OPT or STEM OPT, should prepare for more complex workforce planning. Hard I-94 expiration dates would replace the flexibility many employers have come to rely on, especially during the bridge between F-1 status and H-1B employment. Students selected in the H-1B lottery could face status gaps if a pending extension or H-1B petition is delayed, putting employment authorization, and the employer’s hiring timeline, at risk.
Where Things Stand Right Now
The proposed rule completed its public comment period in fall 2025 and advanced to the final rule stage. The final rule was received for review by OMB on May 5, 2026, which is typically one of the last procedural steps before publication in the Federal Register. Even so, OMB review can take weeks or months, and DHS still has discretion to modify, narrow, phase in, or drop provisions before finalization. Until a final rule is published and takes effect, the current D/S framework remains in place.
What Will Happen Next for F-1, J-1, and I Visa Holders?
If this rule is finalized substantially as proposed, it will reshape compliance for international students, exchange visitors, foreign media, and the schools, sponsors, and employers who work with them. The smartest thing to do right now is not panic, it is to prepare. Track your program end dates, build extension timing into your planning, and keep close communication with your DSO, program sponsor, and immigration counsel.
At Berardi Immigration Law, we help individuals and employers stay ahead of changes like these. If you have questions about how this proposed rule could affect your status or your workforce, our team is ready to help you plan with clarity and confidence. Book your consultation today.
Frequently Asked Questions
Q: Is the proposed rule in effect right now?
No. The proposal is still under review at OMB and has not been published as a final rule. Until it is, the current duration of status framework continues to apply.
Q: If finalized, how long would F-1 and J-1 admissions last?
Admission periods would generally be tied to the program end date on Form I-20 or DS-2019, capped at four years. Anyone needing more time would typically need to file Form I-539 with USCIS.
Q: Would this rule affect H-1B cap-gap protections for F-1 students?
Potentially yes. A fixed admission framework could create hard I-94 expiration dates that complicate the transition from F-1 to H-1B status, especially if an H-1B petition is pending or has a delayed start date. Students and employers should plan extension timing carefully.
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