The U.S. Department of Homeland Security (DHS) is advancing a policy change that could bring an end to the long-standing system allowing certain foreign nationals to remain in the country for the entire duration of their academic or professional programs. This shift would replace the flexible “duration of status” arrangement with fixed visa periods, marking a significant change for international students, exchange visitors, and foreign media representatives.
The proposed regulation, which recently received clearance from the White House’s Office of Management and Budget, is set to be published in the Federal Register for public comment.
Currently, holders of F (student), J (exchange visitor), and I (foreign media) visas are permitted to stay in the United States for the full length of their approved program or assignment, without a specific departure date recorded on their I-94 arrival document. This flexibility accommodates changes in research timelines, program extensions, or evolving assignments.
If implemented, the new rule would introduce predetermined lengths of stay—potentially two or four years—similar to a proposal introduced during the Trump administration in 2020. Under that earlier plan, visa holders needing additional time would have been required to apply for an extension, a process often described as costly, slow, and prone to administrative delays.
What We Know
Supporters of the change contend that fixed visa terms would strengthen oversight and reduce opportunities for abuse of the system. Critics counter that such limits could create unnecessary barriers for students, researchers, and journalists, whose work frequently depends on flexible and extended timelines.
One important legal distinction under the current duration-of-status framework is that visa holders generally do not accrue “unlawful presence” unless U.S. Citizenship and Immigration Services or an immigration judge determines a formal violation of status. Switching to fixed expiration dates could mean that even an inadvertent overstay might carry severe penalties, including bars on reentry.
A Familiar Proposal Resurfaces
The Trump-era proposal that inspired the current plan was met with multiple lawsuits before it was ultimately withdrawn. Immigration lawyers anticipate that the revived version may face similar legal pushback, especially if it does not address the unpredictable nature of academic, professional, or journalistic assignments.
Foreign correspondents could be among those most affected, as geopolitical events often require sudden changes in assignments. Similarly, graduate students working on multi-year research projects could face disruptions if they are compelled to reapply for permission before completing their work.
Once published in the Federal Register, the proposal will be open for public comment for 30 to 60 days. DHS will then review the feedback, make necessary adjustments, and issue a final rule along with an implementation schedule.
