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Proposed DHS Rule Would End Duration of Status for F-1, J-1, and I-1 Visa Holders

A DHS proposal would eliminate duration of status (D/S) and impose a four-year cap for F-1 students and J-1 exchange visitors, with 240 days for I-1 journalists.

Written by

Victoria Harper

Editor-in-Chief

Updated on April 28, 2026
5 min read
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Regra DHS pode limitar vistos F-1, J-1 e I-1 a prazo fixo

In August 2025, the Department of Homeland Security published a proposed regulation to end the policy known as duration of status (D/S) applied to F-1 (student), J-1 (cultural and academic exchange), and I-1 (foreign press representatives) visas. The change, not yet finalized, would represent one of the most significant alterations to the nonimmigrant admission framework in decades.

The proposal would require students, researchers, exchange visitors, and foreign journalists to receive a fixed period of admission tied to the program’s duration, with a maximum cap of four years for F-1 and J-1 holders and up to 240 days for I-1 — replacing the open-ended model that allowed individuals to remain as long as their stated activity was maintained.

What Changes for F-1 Holders

Under the current rule, F-1 students are admitted for duration of status: they may remain in the United States as long as they maintain enrollment in a qualifying program at their sponsoring institution, meet minimum course load requirements, and comply with the terms of the I-20. No fixed departure date is printed on the I-94.

The proposal would replace that model with a fixed-term admission tied to the estimated length of the course and capped at four years. Those who need more time — in extended doctoral programs, changes in academic level, or extended OPT internships — would need to file an extension of stay with USCIS, along with the associated fee, processing time, and risk of denial.

The regulation would also restrict students who have already completed a master’s degree from beginning a second master’s program, and would partially prohibit program changes after studies begin. Transfers between institutions would face stricter criteria, and biometric collection could be required at renewal.

Implications for J-1 Holders

Visiting researchers, medical residents, teachers, and participants in exchange programs under the J-1 would operate under the same four-year cap. Long programs — postdoctoral research, medical residencies in extensive specialties, and multi-cycle academic initiatives — would require formal extension requests for each newly approved period.

The J-1 already carries a two-year home residency requirement for certain categories under INA 212(e). The proposed rule adds an additional layer of administrative friction, increases costs for sponsoring institutions, and introduces uncertainty for professionals who depend on continuous status to complete research contracts or clinical training.

Foreign Press and the I-1

Journalists, correspondents, and foreign media crews operating in the United States with an I-1 visa would receive admission for up to 240 days. Extensions would be granted only for the duration of the outlet’s temporary assignment, without the open-ended character that has historically accompanied correspondents posted to Washington, New York, or Los Angeles.

As presented, the measure targets greater control over the activities being performed — limiting visa holders to the scope declared at the time of application and making indefinite stays more difficult, which the official rationale frames as closing gaps for unauthorized changes in function.

Official Justification and Criticism

The administration defended the proposal as a national security enhancement and immigration control mechanism, arguing that fixed terms allow for more consistent oversight of admission conditions. Universities, employer associations, scientific research networks, and press organizations criticized the proposal on three key points: increased administrative burden on USCIS, higher costs for international students pursuing academic studies in the United States, and potential loss of competitiveness compared to destinations such as Canada, the United Kingdom, and Germany.

Researchers in four-to-seven-year doctoral programs face a specific risk: if the rule is applied literally, tens of thousands of STEM students would need to file extensions within their program. Universities warn that slow USCIS processing times, combined with the new deadline regime, could leave researchers in interrupted status and make federally funded long-term research unfeasible.

How to Prepare

The proposal is exactly that — a proposal. To take effect, it must go through a public comment period, review of objections, and publication of a final rule in the Federal Register. As of mid-2026, the situation remains in flux, and similar rules proposed in prior administrations were withdrawn before practical implementation.

Those currently holding F-1, J-1, or I-1 status should monitor three fronts. First, maintain impeccable records of current status: a valid I-20, full-time enrollment documentation, course load records, and any updates filed with SEVIS. Second, plan ahead for critical transitions — program changes, institution transfers, OPT, STEM OPT, adjustment to H-1B — because regulatory changes tend to affect those in transition windows more than those with stable status. Third, monitor the official channels of DHS, the Department of State, and the Federal Register for publication of the final rule or any eventual withdrawal of the proposal.

For Those Still Planning to Study

For applicants who have not yet filed for F-1 or J-1, the most prudent approach is to build an academic timeline that treats the four-year cap as a real possibility. Master’s programs of 18 to 24 months fit comfortably under the new rule, while long doctoral programs will require an extension strategy. Postdoctoral candidates and researchers in computer science, biotechnology, and advanced physics have extra incentive to align institution, advisor, and research focus before submitting the initial I-20.

Regardless of whether the proposal takes effect in its current form, the signal from U.S. immigration policy is one of sustained increases in oversight of nonimmigrant visas and greater administrative pressure on long-duration programs. Planning as if the rule will be applied is the safest path for those already in the United States or intending to enroll in upcoming academic cycles.

Learn more about F-1 Visa

Duration
Duration of studies
OPT (STEM)
Up to 3 years of work
CPT
Work during studies
Processing
2-8 weeks
All about F-1 Visa
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.

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