The U.S. Department of Homeland Security (DHS) is preparing to end the longstanding “Duration of Status” (D/S) policy that allows international students (F-1), exchange visitors (J-1), and foreign correspondents (I-1) to stay in the United States as long as they maintain their status. The proposed rule, recently cleared by the White House’s Office of Management and Budget (OMB), is now poised for publication in the Federal Register, triggering a public comment period of 30 to 60 days before any final action.
Under the new framework, visa durations would become fixed—generally spanning two to four years—rather than being open-ended. These fixed periods could vary based on factors like immigration risk, institution accreditation, country of origin, and program type. Once a predetermined stay expires, visa holders must apply for extensions through U.S. Citizenship and Immigration Services (USCIS).
The rule revives a similar proposal introduced in 2020 during the Trump administration, which was withdrawn amid legal challenges. Like its predecessor, the proposal would reshape how “unlawful presence” is assessed. Its implementation may result in instantaneous accrual of unlawful presence once the fixed period ends—potentially triggering re-entry bans—unless an extension is approved.
Advocates of the shift argue it bolsters oversight—making it easier to track compliance and reduce abuse. Critics, however, warn of unintended costs: added administrative burdens, abrupt disruptions to education or assignments, and heightened uncertainty, especially for PhD candidates, visiting researchers, and journalists whose timelines are fluid.
If published soon, stakeholders—universities, media organisations, exchange sponsors—will have roughly a month or two to weigh in. The regulatory pathway from proposal to final rule can span several months, depending on the feedback volume and complexity.
