US Proposes Shorter Stay Limits for Student, Exchange, and Media Visa Holders

The U.S. Department of Homeland Security (DHS) is considering a significant change that may affect international students, exchange visitors, and foreign journalists. This proposal could replace the flexible stay policy with fixed visa periods, marking a major shift in immigration rules.

This update is crucial for anyone holding F, J, or I visas. The DHS is moving forward with a proposal that could end the long-standing “duration of status” policy, which currently allows visa holders to stay in the U.S. as long as their programs are active.

DHS Moves to End ‘Duration of Status’ Policy

The DHS has recently cleared a proposed rule through the Office of Management and Budget (OMB). This is the last step before publication in the Federal Register, where the public can provide feedback.

The proposed rule targets the “duration of status” (D/S) policy. Under this policy, holders of F (student), J (exchange visitor), and I (foreign media) visas can remain in the U.S. without a fixed end date. This flexibility has been standard for decades, but if the proposal passes, that may soon change.

What Could Replace the Current Policy?

While we await the full details, many experts believe the new rules may resemble a proposal from 2020. That earlier plan aimed to impose fixed stay durations of two to four years for F, J, and I visa holders. Visa holders would have needed to apply for extensions if they required more time for their programs.

This past proposal also introduced stricter reporting requirements and increased the risk of legal issues for those overstaying their visas. Although it faced court challenges, the idea has resurfaced.

Why This Change Is Important

Currently, under the D/S rules, visa holders do not begin accumulating “unlawful presence” until a formal violation is identified. If the proposed rule replaces D/S with fixed stay periods, it could lead to more visa holders inadvertently overstaying their visas. This situation could arise, especially if their extension requests are delayed or denied.

This shift would create additional paperwork and uncertainty for students and professionals already managing tight schedules.

What’s Next?

We are currently waiting for DHS to release the full proposal. This publication could happen within days or weeks. After publication, a public comment period—usually lasting 30 to 60 days—will allow anyone to provide input. Following this, DHS will review the feedback, possibly revise the rule, and ultimately publish a final version with an implementation timeline.

For now, no immediate changes are in effect, but developments are underway.

What Should Affected Travelers Do?

If you hold an F, J, or I visa or plan to apply for one, stay informed. Monitor updates closely and consider consulting an immigration professional, especially if you are nearing the end of your stay or are in the middle of your program. Organizations wishing to comment on the proposal once it’s published can do so directly or through legal representatives.

Final Thoughts

This proposed change may seem procedural, but it could significantly impact how long international students and professionals can remain in the U.S. It also raises concerns about the additional bureaucratic hurdles they may face.

We will keep a close watch on this situation and provide a detailed breakdown of the rule once it is published. For now, stay alert and keep an eye on the Federal Register for updates.