DHS Proposes to Eliminate Duration of Status for F-1 Students

On August 28, 2025, the U.S. Department of Homeland Security (DHS) published a proposed rule that would significantly change how F-1 students, J-1 exchange visitors, and I-1 media representatives are admitted to and allowed to remain in the United States. The most substantial change is the proposed elimination of “duration of status” (D/S), a long-standing policy that has allowed these nonimmigrants to remain in the U.S. for the time necessary to complete their program of study or practical training, without a set end-date.

End of “Duration of Status”

Currently, nearly all F-1 students are admitted for D/S, meaning they can stay in the U.S. as long as they are maintaining their student status by being enrolled in a full course of study. Under the proposed rule, F-1 and J-1 nonimmigrants would be admitted for a fixed period, which typically would be based on the expected amount of time needed to complete their program, not to exceed four years. Those who need more time generally would have to apply for an extension of stay (EOS) directly with U.S. Citizenship and Immigration Services (USCIS).

Restrictions on New Programs of Study

Another significant proposed change would prohibit an F-1 student who has completed a program of study from enrolling in another program at the same or a lower educational level. This would have a major impact on a regular practice for many F-1 students. It is not uncommon for a student who has completed a master’s degree to enroll in a second master’s program – often, one that offers “day 1 CPT,” which allows students to work from the beginning of their academic program. This proposed rule would eliminate this option for F-1 students.

Other Proposed Changes Affecting F-1 Students

In addition to the elimination of D/S and the restrictions on new programs, the proposed rule includes several other changes that would affect F-1 students:

• The grace period for F-1 students to prepare for departure after completing their program or post-completion OPT would be reduced from 60 days to 30 days.
• Biometrics: F, J, and I nonimmigrants applying for an EOS may be required to provide biometric information.
• For F-1 students changing educational objectives or transferring to an SEVP-certified school, requiring that the student complete their first academic year of a program of study at the school that initially issued their I-20 form or successor form, unless an exception is authorized by SEVP.
• Prohibiting F-1 students at the graduate education level from changing programs at any point during a program of study.

Impact on J-1 and I-1 Nonimmigrants

While the primary focus of the proposed rule appears to be on the F-1 category, J-1 exchange visitors would also be subject to the four-year maximum admission period and would need to apply for an EOS to stay longer. I-1 media representatives would be admitted for a fixed period of up to 240 days, with the possibility of extensions.

Conclusion

This is a proposed rule, and it is not yet in effect. The DHS is seeking public comments on the proposed changes. If this rule is finalized as proposed, it will represent a fundamental shift in how F-1 students and other affected nonimmigrants navigate their time in the United States. The Murthy Law Firm will continue to monitor this development and provide updates as they become available.

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