On the afternoon of June 27, 2025, the Department of Homeland Security-US Immigration and Customs Enforcement (DHS/ICE) submitted for Office of Management and Budget (OMB) review a proposed rule to end "duration of status" (D/S). The “good” news is that it was submitted as a proposed rule, rather than interim final or final rule. Here is the Office of Information and Regulatory Affairs (OIRA) submission blurb:
| AGENCY: DHS-USICE | RIN: 1653-AA95 | Status: Pending Review |
| TITLE: 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 | ||
| STAGE: Proposed Rule | Economically Significant: Yes | |
| ** RECEIVED DATE: 06/27/2025 | LEGAL DEADLINE: None | |
After OMB completes its review, the package will be sent back to the submitting agency who will then follow procedures to publish the proposed rule in the Federal Register, with a period for public comment. 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We don’t know how similar this will be to the September 25, 2020 Trump 1.0 proposed rule of the same title that was withdrawn by the Biden administration, but it is likely to share many similarities. Under the 2020 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 on 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 aligned with the proposed changes for F nonimmigrants. Individuals who needed time beyond their period of admission would have to timely file a complete extension of stay application with USCIS before their prior admission expired.
For background, here are some resources from the 2020 proposed rule:
- 2020 proposed rule: 85 FR 60526 (September 25, 2020), 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
- NAFSA's comment letter to DHS (October 22, 2020)
- NAFSA Issue Brief: Maintain Duration of Status Policy (May 2020 - crafted before the publication of the 2020 proposed rule but raises issues that continue to be valid)
- NAFSA page: Archive: 2020 Trump-Pence Administration Proposal to Replace Duration of Status
- NAFSA page: A Brief History of F-1 Duration of Status
- Congressional (House) letter to DHS in support of duration of status (October 23, 2020)
- 86 FR 35410 (July 6, 2021). Notice of withdrawal of the proposed rule under the Biden administration
- NAFSA statement on withdrawal of proposed rule (July 6, 2021)