DHS Proposes Fixed Admission Periods for F, J, and I Visa Holders
On August 28, 2025, the Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) in the Federal Register that would significantly alter the admission rules for F (academic students), J (exchange visitors), and most I (foreign information media representatives).
Currently, these nonimmigrant visa holders are admitted under the policy known as “duration of status” (D/S), which allows them to remain in the U.S. for as long as they continue to comply with the terms of their visa classification. DHS now proposes to replace duration of status with fixed admission periods, standardizing the length of stay and requiring extensions or reapplications if activities exceed the authorized time.
Key Provisions of the Proposal
Fixed Admission Periods: F and J visa holders would be admitted for a maximum of four years or the length of their program, as listed on Form I-20 (F-1 students) or Form DS-2019 (J-1 exchange visitors), whichever is shorter. An additional 30-day grace period would be granted for departure or to pursue lawful status.
Optional Practical Training (OPT): F-1 students engaging in post-completion OPT or STEM OPT would generally be admitted until the expiration date on their Employment Authorization Document (EAD) or until the end date of employment recommended by their Designated School Official (DSO) on Form I-20, whichever is later, plus 30 days.
I Visa Holders: Most foreign information media representatives (I visa holders) would also transition to a fixed admission period, consistent with the new policy.
Extensions: DHS noted that while many visa holders are expected to complete their activities within the allotted time, those who cannot may request an extension of stay from U.S. Citizenship and Immigration Services (USCIS).
DHS Rationale
In its proposal, DHS explained that replacing duration of status with fixed admission periods would bring these categories in line with other nonimmigrant classifications, provide greater oversight and accountability for visa compliance, and allow DHS to more effectively evaluate whether visa holders are maintaining lawful status.
Public Comment Period and Next Steps
The public comment period on the proposed rule will remain open for 30 days beginning August 28, 2025. DHS must review and consider all submitted comments before issuing a final regulation, which will specify the effective date of any changes. Until that time, the current policy of admission for “duration of status” remains in effect.
Key Takeaway for Clients
If implemented, this rule would represent a major shift in how student, exchange visitor, and foreign media visas are managed. Individuals in F, J, or I status — especially students planning for long-term academic programs or OPT — should closely monitor this rulemaking process and be prepared for potential changes to their stay in the U.S. Contact Vong Law Group if you have questions about your F, J, or I status.
