DHS Proposes Fixed Terms for F, J, and I Nonimmigrant Visas
On Aug. 28, the U.S. Department of Homeland Security (DHS) proposed a rule replacing the long-standing “duration of status” (D/S) system for F (academic students), J (exchange visitors), and I (foreign media) nonimmigrants with fixed admission periods. Since 1991 for F students and 1993 for J exchange visitors, D/S allowed individuals to remain in the U.S. for their program length plus a grace period without filing extensions.
Under the proposal, admission would be limited to the program end date on Form I-20 (F-1 visas) or DS-2019 (J-1 visas), not exceeding four years, plus 30 days to depart. Extensions, transfers, or post-completion training would require an Extension of Stay (EOS) filed with U.S. Citizenship and Immigration Services (USCIS), including updated documents, biometrics, fees, and proof of financial resources for at least one year.
Other changes include shorter arrival and departure grace periods (30 days for F and J), stricter transfer rules, automatic employment authorization extensions while EOS is pending (up to 240 days), and increased DHS review of financial and background information.
The rule shifts much of the extension process from schools and program sponsors to DHS, limiting the influence of Designated School Officials and Responsible Officers. Students and exchange visitors will have more direct interactions with DHS and USCIS and face tighter transfer restrictions and shorter departure windows.
A 30-day public comment period is open. SHRM will monitor this proposed rule and provide updates to help HR professionals and higher education stakeholders understand its potential impact.
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