The Department of Homeland Security (DHS) has proposed an important change that could significantly affect international students, exchange visitors, and representatives of foreign media in the U.S. The proposal would replace the long-standing “duration of status” (D/S) system with fixed admission periods, making it crucial for applicants, students, and institutions to understand how this shift might work.
Currently, many F (student), J (exchange visitor), and I (media representative) visa holders are admitted under “duration of status.” This means they are allowed to remain in the U.S. as long as they maintain their visa activity, such as pursuing a degree, participating in an exchange program, or working as a journalist- without a specific end date stamped in their passport.
This system has given students and professionals flexibility, especially if programs take longer than expected, or if they transfer schools or participate in additional training programs.
What’s Changing Under the Proposal?
The new DHS proposal would eliminate D/S and replace it with a fixed admission period, typically up to 4 years, depending on the individual’s program and background. Applicants from certain countries, or those flagged for additional vetting, might be granted a shorter admission period, such as 2 years.
Key points include:
- Fixed Stay: Visa holders would receive an end date for their authorized stay.
- Extension Process: To remain longer, individuals would need to file for an extension of stay with USCIS before their period expires.
- Case-by-Case Review: USCIS would assess whether the individual continues to meet visa requirements, rather than the automatic flexibility that currently exists under D/S.
For students, this could mean planning ahead more carefully, both academically and financially. Longer degree programs, like Ph.D. studies, may now require multiple extension requests. For employers who rely on student workers through Optional Practical Training (OPT) or J-1 programs, the added paperwork could create delays.
What Should You Do Now?
✅ Stay Informed: This is still a proposal, not yet final. DHS will consider public comments before issuing a final rule.
✅ Keep Documentation Ready: Maintaining updated transcripts, I-20s, DS-2019s, and employment records will be critical if the rule is finalized.
✅ Plan for Extensions: If enacted, be prepared to file extension applications in advance to avoid gaps in status.
✅ Seek Guidance Early: An immigration attorney can help ensure your plans align with the evolving rules.
At Zhang-Louie PLLC, we work closely with students, scholars, exchange visitors, and professionals to navigate these types of policy changes. Our experience helps clients anticipate how proposals like this might impact their status and prepare strategies to stay in compliance.
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