New DHS Rule Could Change How Long International Students, Exchange Visitors, and Foreign Journalists Stay in the U.S.

The U.S. government has moved forward with a rule that could change how international students, exchange visitors, and foreign media representatives maintain legal status in the United States.

The measure does not target tourists with B1/B2 visas. It is also not a blanket rule for all immigrants. The primary focus is on the F, J, and I categories, used by students, exchange program participants, and foreign press professionals.

The core of the change is the elimination of the model known as Duration of Status, or simply D/S.

In practice, DHS wants to replace this model with a system of fixed authorized stay periods. This may sound like a bureaucratic tweak, but it is not. For those currently in the United States studying, conducting research, participating in exchange programs, or working as foreign media representatives, this change could mean more oversight, more extension requests, and less room for error.

For those still outside the United States, the change matters too. It could affect the planning of anyone who intends to study, participate in an exchange, take part in academic programs, work as a researcher, trainee, or au pair, or pursue journalistic activities in the U.S.

In U.S. immigration, a technical detail is rarely just a detail. Often, that is precisely where the problem lives.

Who may be affected by the change?

The rule primarily targets three groups:

• International students with F-1 visas, including those enrolled in universities, colleges, language schools, and other authorized institutions;
• Exchange visitors with J-1 visas, including researchers, teachers, trainees, au pairs, physicians, students, and participants in cultural or educational programs;
• Foreign media representatives with I visas, such as journalists and press professionals working in the United States for international outlets.

Dependents of these categories may also be affected, including those holding F-2, J-2, and other derivative status documents.

The important point is this: we are not talking about ordinary tourists. People who enter the U.S. with B1/B2 visas typically already receive a specific departure date on Form I-94. Tourists are generally not admitted under Duration of Status.

Therefore, if someone traveled to the United States as a tourist, this rule is not at the center of their concern. The most significant impact is on those who remain in the U.S. under academic, exchange, or foreign media status.

What is Duration of Status?

Duration of Status is a model of authorized stay that has been used for years for certain nonimmigrant categories in the United States.

Instead of receiving a fixed date to leave the country, a person is admitted for as long as they maintain the conditions of their status. On the I-94, instead of a specific date, the marking D/S typically appears.

This means the person may remain legally in the United States as long as they continue to comply with the rules of their category.

For an F-1 student, for example, this includes maintaining active enrollment, meeting required course loads, following work authorization rules, keeping SEVIS up to date, and adhering to the academic institution’s guidelines.

D/S is not an open-ended authorization. It is a conditional one.

The difference is that under the current model, authorized stay is more closely tied to maintaining the status correctly than to a single fixed expiration date.

What does DHS want to change?

DHS wants to replace Duration of Status with a model of fixed admission periods.

In practice, this means students, exchange visitors, and foreign media representatives could begin receiving an objective end date for their authorized stay in the United States.

If they need to remain in the country beyond that deadline, these individuals may be required to file a formal extension of status request with the U.S. government.

That is the heart of the change.

Today, a significant part of oversight for international students flows through the academic institution, Form I-20, and the SEVIS system. With a fixed deadline, the student may have to deal more directly with USCIS to extend their stay.

This changes the logic of the process. What was previously more flexible may become more rigid, more costly, and more bureaucratic.

Why does this matter so much?

Because immigration status in the United States works like a chain. If one link breaks, everything else can be compromised.

A person may be enrolled, attending classes, paying tuition, and believing everything is fine. But if there is a fixed stay deadline and it expires without the proper extension, the problem stops being academic and becomes an immigration issue.

And immigration problems in the United States are rarely resolved with “I didn’t know.”

The change may increase the risk of:

• loss of status;
• accrual of unlawful presence;
• difficulty changing status;
• complications in future immigration petitions;
• visa denial in a future application;
• risks during international travel;
• future restrictions on entering the United States.

The greatest danger is someone continuing life as normal, without realizing that a date in the system has taken on decisive weight.

A valid visa does not mean valid status

This is one of the most common mistakes among foreigners in the United States.

The visa in your passport is used to request entry into the country. Status is the legal condition of the person after they enter.

A person may hold a valid F-1 visa in their passport and still be out of status inside the United States if they violate the rules of their category or exceed the authorized period of stay.

The visa opens the door. Status determines whether the person can remain inside the house.

That is why documents such as the I-94, I-20, DS-2019, SEVIS records, and work authorizations become even more important.

Practical example: F-1 student

Imagine an international student who enters the United States on an F-1 visa to complete a four-year undergraduate degree.

Under the current model, she may be admitted under D/S. If she maintains regular enrollment, complies with university requirements, and follows SEVIS obligations, her authorized stay may remain valid throughout the program.

Now imagine she changes her major, delays graduation, transfers to another university, or decides to continue directly into a graduate program.

Under a fixed-deadline system, she may need to file a formal extension of stay before her authorized period expires.

If she misses the deadline, files an incorrect request, or has the extension denied, the problem may no longer be just an academic adjustment. It could become a status violation.

This is where many people run into trouble. The person believes they are protected because they are still enrolled, but the government may be looking at something else entirely: the final date of authorized stay.

Practical example: J-1 exchange visitor

The J-1 visa covers an enormous variety of programs: researchers, professors, physicians, trainees, au pairs, students, and participants in cultural programs.

In many cases, the actual duration of the program may depend on research timelines, institutional factors, funding, academic schedules, or contract renewals.

If the new model requires a stricter fixed deadline, exchange visitors will need to monitor their program validity, sponsor-issued documents, and any extension needs even more carefully.

It is not enough for the program to want to keep the person. The immigration status must follow through on that continued presence.

Practical example: journalist with an I visa

Foreign media professionals may also be impacted.

A journalist assigned to the United States by an international outlet may need to remain in the country to cover politics, economics, international events, elections, crises, or matters of public interest.

Under the change, authorized stays could become tied to more objective deadlines and occasional extension requests.

For professionals engaged in continuous coverage, this requires planning. Journalism already has enough deadlines. Now it may gain another: the immigration one.

Does this affect tourists?

As a rule, this is not a change aimed at tourists.

Tourists with B1/B2 visas typically receive a specific authorized stay date on their I-94 when they enter the United States. That date defines how long they may stay during that trip.

Tourists already live under a fixed-deadline model. That is why the end of Duration of Status is not a change designed for them.

But that does not mean tourists can ignore the I-94. On the contrary. Anyone entering as a tourist should always verify their exact authorized departure date. The mistake of only looking at the visa expiration date in the passport remains one of the most dangerous errors.

Does this affect those pursuing EB-2 NIW, EB-1, or other green cards?

This rule is not about green cards. It does not directly change the criteria for EB-2 NIW, EB-1, or other immigrant categories.

But it may affect those who are currently in the United States under F-1, J-1, or I status while preparing a permanent immigration strategy.

Example: a person pursues a master’s degree in the United States on an F-1 visa while simultaneously preparing an EB-2 NIW petition.

If that person loses F-1 status due to a missed deadline, improper extension, or irregular stay, it could undermine the broader immigration strategy.

EB-2 NIW is not a magic eraser that wipes out prior problems. Depending on the case, a status violation, unlawful presence, or irregular stay can create serious obstacles.

Why does the U.S. government want to do this?

The DHS justification is to increase oversight of foreign nationals’ stays in the United States.

In the government’s view, Duration of Status can make it harder to identify individuals who remain in the country after they have stopped complying with the rules of their status.

By establishing fixed dates, the government creates a clearer line: up to this point, the person is authorized; after that, they need an extension or must depart.

From an administrative standpoint, the logic is simple.

From a real-world standpoint, it is more complicated.

Students change majors. Research gets delayed. Programs are extended. Universities have their own calendars. Internal processes take time. What looks simple on a spreadsheet can become a maze for someone trying to study, work legally, and build a future in the United States.

The invisible risk: unlawful presence

One of the most sensitive points is how the change could affect the accrual of unlawful presence.

Unlawful presence is a technical concept, but with very concrete consequences.

Depending on the time accumulated, a person may face barriers to returning to the United States in the future.

If the new model causes unlawful presence to begin accruing automatically after the authorized stay expires, the risk increases significantly.

Previously, in many D/S cases, the situation depended on a formal determination of a violation. With fixed deadlines, the logic could become more objective and more severe.

It is a small change on paper and an enormous one in consequences.

What should those currently in the U.S. do now?

Those in the United States on F-1, J-1, or I visas do not need to panic. But they do need to stop treating immigration status as a secondary concern.

The first step is to review the I-94. This document shows how the person was admitted into the country.

Next, it is important to review the I-20, for F-1 students, or the DS-2019, for J-1 exchange visitors.

It is also advisable to speak with the school’s DSO (Designated School Official) or the program coordinator. These individuals are typically the first point of guidance for questions about academic status and SEVIS.

Additionally, it is prudent to organize documents such as:

• current I-94;
• current and prior I-20 or DS-2019;
• enrollment verification;
• academic transcripts;
• work authorizations;
• evidence of status maintenance;
• official communications from the school or sponsor;
• extension, transfer, or program change documents.

U.S. immigration runs on documentation. Good intentions help your conscience, but they do not resolve a case.

What should those outside the U.S. pay attention to?

Those still outside the United States should also monitor this change closely.

This rule could affect the planning of anyone intending to apply for an F-1, J-1, or I visa in the future.

Before choosing an institution, program, sponsor, or stay strategy, a person should understand how the documents that underpin status inside the U.S. work.

For students, this includes understanding the relationship between the visa, I-20, SEVIS, I-94, school transfers, OPT, CPT, and possible extensions of stay.

For exchange visitors, it is essential to understand the actual duration of the program, the sponsor’s rules, extension possibilities, and any restrictions applicable to J-1 holders.

For media representatives, it is important to verify whether the professional activity, the affiliation with a foreign outlet, and the intended length of stay are compatible with the I visa.

Immigration planning begins before the trip. Those who only start studying the rules after arriving in the United States have already fallen behind.

What still needs to be confirmed?

Despite the rule’s progress, it is essential to follow the officially published final text.

Among the points that need to be monitored are:

• the exact effective date;
• transition rules for those already in the U.S. under D/S;
• the maximum period granted for each category;
• the extension procedure;
• treatment of pending applications;
• impact on changes of program or institution;
• effects on international travel;
• potential legal challenges to the rule.

That last point is important. Significant immigration changes in the United States are frequently challenged in court.

Therefore, the landscape may shift. But ignoring the issue would be naive.

What changes in practice

This change does not mean international students will be barred from studying in the United States.

It also does not mean exchange visitors and foreign journalists will automatically lose the right to remain in the country.

What changes is the logic of oversight.

The system is likely to move from a more flexible model, based on maintaining status, to a stricter model based on fixed dates and formal extension requests.

For those who comply with everything correctly, this may feel like just another bureaucratic step.

But in immigration, poorly managed bureaucracy becomes real risk.

A student who previously only had to worry about enrollment, SEVIS, and academic requirements may now also have to worry about authorized stay expirations, extensions with USCIS, and unlawful presence accrual.

It is one more layer of complexity in a system that is not exactly known for its simplicity.

The message for those inside and outside the United States

This change does not only concern those already physically in the United States. It should also be monitored by those still outside the country who plan to study, participate in an exchange program, work as a researcher, serve as a foreign media representative, or plan a future path in the U.S.

For those already in the United States on F-1, J-1, or I visas, the main point is to immediately review their own documentation. They need to know exactly what their current status is, how they were admitted into the country, which documents support their stay, and which dates could become significant if the rule takes effect.

For those still outside the United States, the care must begin before the trip. The choice of institution, program, sponsor, visa type, and stay strategy may become more sensitive in a world of fixed deadlines and formal extension requests.

International students should understand the difference between a visa, status, I-94, I-20, SEVIS, OPT, school transfers, and extension of stay. These are not bureaucratic details. They define whether an academic journey remains in compliance or begins accumulating risk.

Exchange visitors should speak with their sponsors and understand how the change may affect program duration, potential extensions, documentation obligations, and international travel during the authorized period.

Foreign media representatives should review in advance the documentation that justifies their presence in the United States, particularly in cases of continuous coverage, extended stays, or changes in the nature of their professional activity.

The worst strategy is to wait for a problem to appear before trying to understand the rules.

In the United States, immigration is a game of dates, documents, and consistency. Those who play by improvisation tend to discover too late that the system does not accept “I thought everything was fine” as an argument.

Quick summary

• The change primarily targets F, J, and I visas.
• It is not a rule aimed at ordinary tourists with B1/B2 visas.
• DHS wants to replace Duration of Status with fixed authorized stay periods.
• Students, exchange visitors, and media representatives may need to file formal extensions to remain in the U.S.
• The main risk is missing a deadline, falling out of status, or accruing unlawful presence.
• Those in the U.S. should review their I-94, I-20, DS-2019, SEVIS records, and program documents.
• Those outside the U.S. should factor this change into their choice of program, institution, sponsor, or stay strategy.
• The rule must be tracked through the final text and official effective date.

This change signals a clear trend: the United States wants to reduce gray areas in immigration enforcement.

For the government, that means more predictability and oversight.

For international students, exchange visitors, researchers, trainees, au pairs, journalists, and foreign media representatives, it means less room for error.

And when the subject is immigration status, less room for error calls for a simple approach: tracking every document, every date, and every update as if your continued presence in the United States depends on it.

Because, often, it does.

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.