US Department of Homeland Security Publishes Proposed Rule to Limit F-1, J-1, and I-visa Admissions

On August 28, 2025, the Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) entitled “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media.”

The NPRM proposes to change the admission period for individuals in F, J, and I visa status so that these individuals are admitted to the United States for a fixed time period.

Comments on the NPRM must be submitted by September 29, 2025, and can be submitted through this link.

Background

Individuals who travel to the US in most nonimmigrant visa classifications are admitted until a specific departure date. This date is reflected on their I-94 admission record after they are inspected and admitted to the US by Customs and Border Protection (CBP).

However, individuals who enter the United States in F-1, J-1, and I-visa status (with the exception of I-visa holders from China) are admitted for “duration of status” (D/S). Dependent family members in F-2, J-2, and I-dependent status are also admitted for duration of status. These individuals are able to remain in the US while they continue to pursue a course of study or practical training (F-1), participate in an authorized exchange visitor program (J-1), or continue to perform foreign employment duties in the US as a foreign media member (I-visa).

DHS’s Rationale for the Change

The NPRM purports to make this change due to the fact that “[t]he significant increase in the volume of F academic students, J exchange visitors, and I foreign information media representatives poses a challenge to the Department’s ability to monitor and oversee these nonimmigrants while they are in the United States.” This is despite the fact that F-1 and J-1 nonimmigrants are monitored by DHS through the Student and Exchange Visitor Program (SEVP) and the Student and Exchange Visitor Information System (SEVIS). SEVP was established in 1996, and enhanced after the September 11, 2001 attacks on the United States, for the purpose of collecting, maintaining, analyzing, and providing information to ensure that only legitimate foreign students or exchange visitors gain entry to the US, and that the institutions accepting nonimmigrant students are certified and follow the federal rules and regulations that govern them.

Proposed Changes

The NPRM would make the following changes for F-1, J-1, and I-visa nonimmigrants and their dependent family members:

• F-1 and J-1 nonimmigrants would be admitted to the US until the end date listed on their Form I-20 (F-1) or DS-2019 (J-1), with a maximum period of admission of four years.
• I-visa nonimmigrants would be admitted for a maximum period of 240 days — except for nonimmigrants traveling on a passport issued by the People’s Republic of China (with the exception of Hong Kong Special Administrative Region passport holders and Macau Special Administrative Region passport holders), who would be admitted for a maximum period of 90 days.
• The current F-1 grace period of 60 days following the end of the period of study or authorized practical training would be reduced to 30 days.
• An F-1, J-1, or I-visa nonimmigrant must file a Form I-539 Application for Extension of Status prior to the end of their period of lawful admission if they need more time to complete their program or perform practical training.
• An F-1, J-1, or I-visa nonimmigrant who remains in the US beyond their I-94 expiration date, and who has not timely filed a Form I-539 Application for Extension of Status, will begin to accrue unlawful presence in the US following their I-94 expiration date.
• An F-1 student who has completed a degree program in the US at one educational level may not maintain, be admitted, or otherwise be provided F-1 status through a program at the same or a lower educational level. This will prevent F-1 students from pursuing multiple degrees at the same level or lower levels and reduce the ability to take advantage of graduate programs that offer “Day-One” Curricular Practical Training (CPT).
• An F-1 undergraduate student may not change programs, educational majors, or educational levels within the first academic year unless an exception is authorized by SEVP for extenuating circumstances.
• An F-1 student at the graduate-degree level or above may not change programs at any point during a program of study.

Potential Impacts of the NPRM

If the NPRM becomes a Final Rule (and takes effect 60 days after publication), there are a number of factors that F-1, J-1, and I-visa nonimmigrants should be aware of:

• Universities, J-1 Program Sponsors, and their students / exchange visitors in F-1 and J-1 status will need to closely monitor expiration dates and work together to issue new Forms I-20 / Forms DS-2019 in a timely manner to ensure that there is sufficient time to apply for an extension of status as needed.
• F-1 students will likely need to file multiple Extension of Status applications. The maximum period of admission for an F-1 student is four years, so an undergraduate student will likely need to file an extension in order to qualify for Optional Practical Training (OPT), and file a second extension if they are eligible to apply for a STEM OPT extension.
• F-1 work authorization will only be issued based on the fixed period of admission on their I-94 record or on their requested period of admission in their Form I-539 extension application. Based on current timelines for I-539 extension processing for F-1 and J-1 students, Premium Processing will likely be required.
• J-2 spouses can continue to apply for work authorization (Employment Authorization Document, or EAD) based on a need to support the family’s activities. J-2 EADs are typically granted for a period of one year. The EAD can be renewed if the principal spouse’s J-1 program is ongoing, but there is no automatic extension of the expiring EAD based on a timely filed extension. In addition, the EAD will only be issued for a maximum of one year, or the applicant’s status expiration date, whichever comes sooner. In order to extend a J-2 spouse’s EAD beyond the J-1 / J-2’s period of admission, Premium Processing will likely be required for an I-539 extension.
• I-visa nonimmigrants will also likely have to file multiple extensions for additional 240-day periods of eligibility. A timely filed extension of an I-visa nonimmigrant status allows for automatic extension of work eligibility for a 240-day period while the extension is pending. However, if the I-visa extension is not approved during this 240-day period, the I-visa nonimmigrant does not have to depart the US, but cannot continue working until the extension is approved. Since extension requests often take more than 240 days, and since premium processing is not available for this type of extension, there could be gaps in work authorization for I-visa nonimmigrants.

Conclusion

If this NPRM becomes final, F-1, J-1, and I-visa holders, as well as their sponsors and dependent family members, will have many additional burdens to maintain lawful status in the United States. Mintz will monitor and report on developments with this proposed rule.

Subscribe To Viewpoints