Shortlink to this page: https://www.nafsa.org/dsproposal2025
The DHS/ICE (Department of Homeland Security-US Immigration and Customs Enforcement) proposed rule to end "duration of status" (D/S) for F, J, and I nonimmigrants was published in the Federal Register on Thursday, August 28, 2025.
Read the proposed rule published at 90 FR 42070 (August 28, 2025) and view NAFSA's press statement in response.
There is a 30-day comment period ending on September 29, 2025 on the rule changes. There is a 60-day comment period ending on October 27, 2025 on proposed changes to affected "information collection" instruments, including SEVIS (Forms I-17 and I-20) and USCIS Forms I-539 and I-765.
NAFSA is preparing a comment letter and encourages individuals and institutions to comment as well. The Federal Register notice contains detailed instructions on submitting comments.
- The notice says: "Comments providing the most assistance to DHS will reference a specific portion of this rule, explain the reason for any recommended change and include the data, information, or authority that supports the recommended change."
- For reference, also consult: How You Can Effectively Participate in the Regulatory Process Through Public Comment
Under the proposal, instead of being admitted for "duration of status" (D/S) as they currently are (since 1991 for F students and 1993 for J exchange visitors), individuals applying for admission in either F or J status (F-1 students, F-2 dependents, J-1 exchange visitors, and J-2 dependents) would be admitted only until the program end date noted in their Form I-20 or DS-2019, not to exceed 4 years, plus a period of 30 days following their program end date. The proposed revisions to the J regulations at 8 CFR 214.2(j) closely align with the proposed changes for F nonimmigrants. Individuals who need time beyond their period of admission for whatever reason (e.g., an extension of program, school transfers, moving academic levels, use of post-completion practical training or academic training) would have to timely file a complete extension of stay application with USCIS before their prior admission expires.
Other key changes include: a new USCIS extension-of-stay process (Form I-539 with fee, biometrics, and possible interview); reducing the F-1 grace period from 60 to 30 days; capping English language training students at 24 months; restricting transfers and changes of educational objectives (with graduate students prohibited from changing programs); and barring F-1 students from pursuing a program at the same or lower educational level after completing one. The proposal also outlines standards for extension eligibility, expands USCIS discretion, and revises related employment authorization and dependent rules. DHS acknowledges potential enrollment impacts and institutional compliance costs, but frames the changes as enhancing oversight, program integrity, anti-fraud, and national security.
If finalized as proposed, schools and exchange visitor programs should anticipate:
Increased student and exchange visitor confusion and workload due to the new USCIS filing requirement.
Higher costs and delays for students and exchange visitors (filing fees, biometrics, possible interviews, possible legal representation).
Potential enrollment and research impacts if students and exchange visitors view U.S. study and research as more burdensome and less predictable.
Training and adaptation costs for DSOs/ROs, estimated by DHS at $93.3 million across the sector in year one.
Since this is at the proposed rule stage, a rule would not become final until after the agency reviews public comments on the proposed rule, submits a final rule for OMB review, and then publishes a final rule in the Federal Register with a future effective date. See NAFSA's page General Rulemaking Process Under the APA for basic information on the rulemaking process.
We are currently analyzing the 2025 proposed rule language and will update this page as we progress.