On August 7, 2025 the Office of Management and Budget concluded its review of 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. DHS had submitted the proposed rule to OMB on June 27, 2025. Here is the Office of Information and Regulatory Affairs (OIRA) submission blurb:
| AGENCY: DHS-USICE | RIN: 1653-AA95 | Status: Concluded |
| 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 | |
| ** COMPLETED: 08/07/2025 | COMPLETED ACTION: Consistent with Change | |
The OMB notice said that the review was completed "consistent with change," but does not identify any of the change(s) made to the proposal from its submission to OMB's conclusion of the review.
DHS will now 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We don’t know how similar this will be to the September 25, 2020 Trump 1.0 proposed rule of the same title that was withdrawn by the Biden administration, but it is likely to share many similarities (see NAFSA page: Archive: 2020 Trump-Pence Administration Proposal to Replace Duration of Status). 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 or for 4 years, whichever is shorter, plus a period of 30 days following their program end date., reducing the current regulation's 60-day grace period for F nonimmigrants to only 30 days. 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 Form I-539 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)