Proposed Rule to Limit F-1 Student and J-1 Visa Stays to 4 Years

Last week, the Department of Homeland Security announced a proposed rule aimed at limiting the length of stay for F-1 student visas, J-1 exchange visitor visas, and I-1 media visas.

What is the proposed rule?

The proposal seeks to eliminate the long-standing policy of “duration of status” (D/S). The duration of status has permitted nonimmigrants to remain in the U.S. for as long as they maintained their academic or program status, without a fixed end date.

Currently, most F-1 students are admitted for D/S and may remain in the U.S. indefinitely, provided they maintain enrollment in a qualifying program. However, the proposed rule would grant admission for a fixed period tied to the length of a student’s academic program, up to a maximum of four years. If individuals needed additional time, they would need to file an extension of stay with USCIS.

How does this affect F-1 Students?

Most F-1 students who have already completed one master’s degree would no longer be allowed to enroll in a second master’s degree.

Key points:

  • Applicants may be required to submit biometrics
  • There may be stricter requirements for students transferring to another school
  • Graduate students may be prohibited from changing programs once their studies have started

How does this impact J-1 and I-1 Nonimmigrants?

J-1 exchange visitors would face the same four-year maximum admission period, with extensions requiring USCIS approval. I-1 media representatives would be admitted for up to 240 days, with extensions available only for the length of the temporary assignment.

How do I prepare?

This proposed rule has not been implemented yet, however, it is recommended that you speak with an Immigration attorney to ensure that your visa status is protected. VisaNation will provide the latest updates on this proposed rule.