The Department of Homeland Security is moving ahead with a proposal that could end the long-standing 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 approved by the White House’s Office of Management and Budget, would replace the open-ended “duration of status” policy covering international students, exchange visitors, and foreign media representatives with fixed visa terms.
The next step is publication in the Federal Register, opening the proposal for public comment.
Under current rules, F (student), J (exchange visitor), and I (foreign media) visa holders can stay in the U.S. for the full length of their approved program or assignment without a specific departure date on their I-94 arrival record. This system offers flexibility, particularly when program timelines change or research runs longer than expected.
If the proposal is adopted, visa durations would be set in advance—possibly two or four years similar to a plan introduced under the Trump administration in 2020. Those who need additional time would have to apply for extensions, a process that can be expensive, time-consuming, and subject to delays.
What we know
Supporters of the change argue that fixed visa periods could improve oversight and reduce the risk of system abuse. Opponents warn it could create new barriers for students, researchers, and journalists whose schedules often change.
The current duration-of-status framework also has legal implications: visa holders typically do not accumulate “unlawful presence” unless a violation is officially determined by U.S. Citizenship and Immigration Services or an immigration judge. Switching to fixed dates could make missing a departure deadline intentionally or notcarry more serious consequences.
A familiar proposal resurfaces
The Trump-era version of this rule faced multiple lawsuits before being withdrawn. Immigration lawyers expect the new plan to draw similar challenges, especially if it fails to consider the unpredictable timelines of academic and professional work.
Foreign correspondents may be particularly affected, as assignments can shift quickly due to world events. Graduate students engaged in multi-year research projects could also face interruptions if they must reapply to stay before finishing their work.
Once the proposal appears in the Federal Register, there will be a 30- to 60-day public comment period. DHS will then review the responses, make any necessary revisions, and issue a final rule along with a timeline for implementation.
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