The Department of Homeland Security is moving forward with a proposal that could end the decades-old practice of allowing certain visa holders to remain in the United States for as long as their academic or professional programs last.
The rule, recently cleared by the White House’s Office of Management and Budget, would replace the open-ended “duration of status” policy, which applies to international students, exchange visitors, and foreign media representatives with fixed visa periods.
The next step is publication in the Federal Register, where the proposal will be opened for public comment.
Under the current system, holders of F (student), J (exchange visitor), and I (foreign media) visas are permitted to stay in the U.S. for the full length of their approved program or assignment, without a specific departure date listed on their I-94 arrival record. This arrangement offers flexibility, particularly when program timelines shift or research projects are extended.
If adopted, the new rule would introduce predetermined lengths of stay, possibly two or four years, according to immigration analysts familiar with an earlier, similar proposal introduced during the Trump administration in 2020. That rule would have required visa holders to apply for extensions if they needed additional time, a process that can be costly, time-consuming, and subject to administrative delays.
Proponents of the change argue that fixed visa periods would enhance oversight and reduce potential abuse of the system. Critics, however, warn that it could create unnecessary hurdles for students, researchers, and journalists whose work often depends on shifting schedules and long-term commitments.
The duration-of-status policy also has an important legal implication: under current rules, visa holders generally do not accrue “unlawful presence,” which can trigger bars on reentry unless a formal violation of status is determined by U.S. Citizenship and Immigration Services or an immigration judge. Moving to fixed dates could mean that a missed deadline, even unintentionally, would carry more serious consequences.
The Trump-era rule that inspired the current proposal faced multiple lawsuits before being shelved. Immigration attorneys note that the revived plan will likely invite similar legal challenges, particularly if it does not account for the varied and unpredictable timelines of academic and professional programs.
Foreign correspondents could be particularly affected, as assignments can change rapidly based on geopolitical developments. Likewise, graduate students engaged in multi-year research projects may face interruptions if required to reapply for permission to remain in the country before their work is complete.
Once the proposal is published in the Federal Register, the public will have 30 to 60 days to submit comments. DHS will then review the feedback, make any revisions, and issue a final rule, including an implementation timeline.