DHS Proposed Rule on “Duration of Status” Advances: What Students and Exchange Visitors Should Know

There has been a meaningful development in a proposed immigration rule that could affect how international students, exchange visitors, and foreign media representatives maintain their status in the United States.

While nothing has changed yet, this update signals that things are moving closer to finalization and that a decision may be coming soon.

Let’s walk through what’s happening, what could change, and how to think about it moving forward.

This content is for informational purposes only and does not constitute legal advice. For advice about your specific situation, consult a licensed immigration attorney.

Where Things Stand Now

The U.S. Department of Homeland Security (DHS) has taken the next formal step in the rulemaking process by sending its proposal to the Office of Information and Regulatory Affairs (OIRA).

This stage matters because OIRA acts as a final checkpoint before a rule is officially published.

At this point, DHS has already:

• Collected and reviewed public feedback
• Refined the proposal internally
• Submitted it for regulatory review

This doesn’t mean the rule is final—but it does mean it’s getting closer.

A Quick Look at “Duration of Status”

If you’re in the U.S. on an F, J, or I visa, your stay is typically governed by a term called “duration of status,” often abbreviated D/S.

In plain terms, that means:

• You can remain in the U.S. as long as you continue to meet the requirements of your visa category
• Your stay isn’t tied to a fixed end date on your entry record

This approach has made it easier for students and exchange visitors to complete programs that may shift or extend over time.

What the Proposed Rule Would Do

The proposal under review would replace this flexible system with a more structured timeline.

Instead of remaining eligible for as long as you remain eligible, individuals would be admitted for a set period of time. After that, staying longer would require a formal request.

Here are some of the key ideas that could be included in the final rule:

A shift to fixed timelines

Most students and exchange visitors could be admitted for a defined number of years, rather than an open-ended period tied to their program.

Extensions would require approval

To remain in the U.S. beyond the initial period, individuals would likely need to apply with U.S. Citizenship and Immigration Services and show that they still qualify.

Academic flexibility could narrow

Changing programs may become more limited, especially if the new program is not at a higher academic level.

Less time after finishing a program

The window to prepare for departure after completing a program could be shortened.

Tighter consequences for falling out of status

Unlawful presence could begin accumulating more quickly in certain situations, particularly after a denial.

Each of these changes would add more structure—but also more responsibility—to maintaining lawful status.

What Happens Next?

Now that the proposal is under review, the timeline becomes less predictable.

OIRA reviews can move quickly or take some time, depending on the complexity of the rule.

If approved, once that review is complete:

• The final version will be published publicly
• The full details will become available
• An effective date will be announced, often within a couple of months of publication

Until then, the exact contents of the final rule remain unknown.

What You Should Do Right Now

It’s completely normal to feel uncertain when you hear about potential changes like this, especially when so many of the details are till unknown. 

The good news is that this change is still in review and your current status is not yet affected if you’re currently in the U.S. on an F, J, or I visa:

• Your existing rules still apply
• You do not need to take immediate action
• Duration of status is still in place, for now

That said, this is a helpful moment to stay proactive. Keeping your records organized and understanding your long-term plans can make future transitions smoother.

Why This Update Matters

Even though the rule is not final yet, it represents a broader shift in how status could be managed moving forward.

A move toward fixed timelines would likely mean:

• More frequent filings and interactions with USCIS
• Additional costs and processing steps
• Less flexibility if your plans change unexpectedly
• Better planning and record keeping required

For many people, the path forward will still be very manageable—but it may require more planning than before.

We’ll Keep Following This

Immigration updates like this can feel like moving targets, especially when details are still being finalized.

Our goal is to make these changes easier to understand—without the stress or confusion that often comes with legal updates.

As soon as more information is available, we’ll break it down clearly so you know exactly what it means for you.

We’re happy you’re here!