The White House has completed its review of a new regulation that will significantly alter the status of foreign students in the United States. The proposed rule, issued by the Department of Homeland Security (DHS) in 2025, aims to replace the current open-ended admission policy—known as duration of status (D/S)—with a fixed four-year period of admission for international students. Once the rule is finalized, students will be required to renew their status with DHS after this four-year window expires.
Scope of the Regulation
The regulation is expected to replace the existing D/S policy for F (foreign students), J (exchange visitors), and I (representatives of foreign information media) visa holders. Instead of an indefinite stay as long as conditions are maintained, the new rule will set a finite expiration date for authorized periods of stay. The Office of Management and Budget (OMB) cleared the final rule (RIN: 1653-AA95) this week, marking the last step before its public release.
Background and Opposition
The DHS proposal revives an effort from the first Trump administration, which faced opposition from medical organizations and college groups across the United States. Critics argued that the rule would disrupt students' ability to complete their degrees by imposing unnecessary administrative hurdles.
Key Provisions of the Rule
The rule, 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," seeks to eliminate D/S admission for F, J, and I nonimmigrants. It will replace it with a date-limited authorized period of stay upon entry into the United States. According to its abstract, the fixed date will eliminate confusion over how long these individuals may stay, improve efforts to reduce overstay rates, and address fraud and national security concerns.
Specific Changes
- Fixed Time Period: F and J nonimmigrants will be admitted for the duration of their program, not exceeding four years. I nonimmigrants will be admitted for up to 240 days, with extension options.
- Program Changes: F-1 students in graduate programs will be prohibited from changing programs at any point during their studies. Those who complete a program at one educational level can only begin another at a higher level while in F-1 status; changing to the same or lower level is prohibited.
- Reduced Departure Period: The allowed period for F-1 students to prepare to depart after completing their studies or post-completion practical training will decrease from 60 to 30 days.
- Biometric Collection: Biometric information will be required in conjunction with Extension of Stay (EOS) applications.
- Language Training Limit: Language-training students will be limited to an aggregate 24-month period of stay.
- Definition of Foreign Media: The rule codifies the definition of a foreign media organization for I nonimmigrant status.
Impact on International Students
Currently, nonimmigrant students on D/S visas do not have a fixed end date printed on their Form I-94, Arrival/Departure Record. They are allowed to remain in the United States as long as they maintain their immigration status. Under the new rule, students must adhere to the fixed admission period and apply for extensions if needed.
This regulation is expected to be published publicly soon, and once implemented, it will bring significant changes for international students, exchange visitors, and foreign media representatives in the United States.
