DHS Proposal to Cap F-1, J-1, and I-1 Visa Stays: What Students Need to Know

The U.S. Department of Homeland Security published a proposed rule in the Federal Register on August 28, 2025, that could fundamentally rewrite the rules governing lawful stay for international students, exchange visitors, and foreign media correspondents. The rule, identified as RIN 1653-AA94, proposes eliminating the duration of status regime, known as D/S, and replacing it with a fixed admission period tied to the length of the academic, exchange, or journalism program. For Brazilians in the United States on F-1, J-1, and I-1 visas, this change represents one of the most significant shifts in nonimmigrant status rules in decades.

The public comment period closed in October 2025, and the final rule could be published at any time. No official effective date has been announced, but the general framework of the proposal outlines the likely contours of the final rule and the practical risks for students already in the United States or planning to apply.

What Changes From the Current System

Today, the vast majority of F-1 students are admitted to the United States with a D/S notation on Form I-94, with no specific expiration date. Lawful status is maintained as long as the student remains enrolled in a qualified program, meets minimum credit hour requirements, and complies with SEVIS reporting obligations managed by ICE. The same regime applies to J-1 exchange visitors and I-1 correspondents.

Under the proposal, each nonimmigrant in the affected categories would be admitted for a fixed period — no more than four years for F-1 and J-1 holders, and up to 240 days for I-1 holders — with extensions limited to the duration of the temporary assignment. Students in longer programs, such as five-year undergraduate degrees or doctoral programs that typically exceed four years, would need to file an application to extend their stay with USCIS before the initial period expires.

Implications for F-1 Students

The proposal introduces procedural friction where there was previously automatic continuity. Students beginning a four-year undergraduate program will likely be able to complete it within the initial admission period. But master’s students planning to transition into a doctoral program, doctoral candidates facing lengthy qualification processes, and students in medical or law programs would face at least one extension filing cycle — with all the associated fees, deadlines, and denial risks.

Another sensitive point is the proposed restriction on students who have already completed a master’s degree in the United States: the rule signals that such students would be barred from enrolling in a second master’s program, aimed at curbing what DHS describes as prolonged stays through serial program changes. Graduate students would also be prohibited from changing programs after enrollment begins without prior approval.

Institution transfers would be subject to stricter requirements, and biometrics could be required for extension applications. Post-completion OPT (standard 12 months) and the 24-month STEM OPT extension were not directly altered by the proposed rule, but the practical interaction with the new fixed-admission regime will need to be absorbed into administrative guidance and policy manuals.

Implications for J-1 and I-1 Holders

J-1 exchange visitors — including visiting researchers, physicians in training, au pairs, teachers, and exchange students — would be subject to the same four-year cap, with extensions requiring USCIS approval. For long-duration research programs, particularly at academic medical centers and federal laboratories, this could introduce an additional layer of uncertainty affecting clinical study planning and research contracts.

Foreign media correspondents on I-1 visas would be admitted for up to 240 days, with extensions limited to the period of the temporary assignment designated by the employer. For long-term journalism assignments, this would require frequent renewals and closer status monitoring by the employer.

Why DHS Is Proposing the Change

The official rationale centers on three arguments. The first is administrative control: DHS argues that the D/S regime makes it difficult for consular and border officers to verify active status, since there is no clear expiration date on the I-94. The second is the integrity of the nonimmigrant visa program, with the claim that some students use their status for extended stays without genuine academic progress. The third is standardization: creating regulatory parity between F-1, J-1, and I-1 categories and other nonimmigrant visa categories that already receive fixed admission dates.

Critics of the proposal — including university associations, research programs, and chambers of commerce — argue that the change creates unnecessary administrative barriers, shifts bureaucratic burdens onto students and institutions, and may reduce U.S. competitiveness in attracting international talent, particularly in comparison to more welcoming policies adopted by Canada, the United Kingdom, and Australia. A similar attempt was proposed in 2020 and abandoned by the following administration before taking effect.

What Students Should Do Now

The first recommendation is technical: maintain your current status rigorously. Any enrollment failure, drop below minimum credit hours, or missed reporting to your institution’s DSO creates a record that will make renewals and extensions more difficult once the new regime takes effect. The second is documentary: preserve complete enrollment records, transcripts, academic progress statements, proof of funding, and any correspondence with your DSO or USCIS.

The third is strategic. Students nearing program completion should proactively evaluate transition options: OPT, STEM OPT extension, change of status to H-1B through the regular cap or cap-exempt employers at qualifying institutions, O-1 for those with extraordinary ability profiles, and EB-2 NIW for those with relevant academic output. The window between program completion and stabilization in another status is critical — and will be far less forgiving of errors if fixed-period admission is adopted.

Continuously tracking the status of the rule, Federal Register publications, and official SEVP communications is an essential part of any international student’s routine in the United States right now. The proposed rule is not yet law, but the regulatory landscape points toward tighter administrative control over long-duration nonimmigrant visas — and toward the need for more proactive planning of each student’s immigration path.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.