A new federal rule will end the longstanding “duration of status” policy that allowed many foreign students, exchange visitors, and foreign media representatives to remain in the United States without a fixed departure date, the Department of Homeland Security (DHS) announced Thursday.
The rule establishes fixed admission periods for nonimmigrant visa holders in F, J, and I classifications, replacing a system that has been in place since 1978. DHS said the change is intended to strengthen oversight, reduce visa abuse, and increase national security.
“For nearly half a century, the outdated ‘duration of status’ system has compromised national security and created an environment ripe for immigration fraud,” DHS Secretary Markwayne Mullin said in a statement. “By implementing clear, finite limits on these visas, the United States is reclaiming its ability to properly screen, vet, and monitor individuals within our borders.”
Under the rule, F student visas and J exchange visitor visas will be granted for the length of a participant’s academic or exchange program, with a maximum stay of four years. Those needing additional time must apply for an extension of stay through U.S. Citizenship and Immigration Services, which will include screening, background checks, and fraud reviews.
The regulation also reduces the grace period for F-1 students after completing their studies from 60 days to 30 days and imposes new restrictions on changing academic programs.
The rule will take effect 60 days after it is published in the Federal Register. DHS said current F, J, and I visa holders already in the United States under the previous system will automatically transition to the new framework, with their authorized stay capped at four years from the rule’s effective date.
Brad Bernstein, an immigration attorney in New York, said in a video he posted on X that the final rule has not been published yet in the Federal Register.
He said that the rule will mean more fees for foreign students and that they risk falling out of status, because “Immigration doesn’t deal with your paperwork in a timely matter.”
“Should someone still lawfully studying, following the rules, enrolled in school have to ask the government for permission every four years to continue to remain in the United States?” Bernstein asked.
Andreas Karch, a professor at the University of Texas-Austin, wondered if the rule would discourage foreign students from coming to U.S. colleges.
“It’s impossible to finish a Physics PhD in 4 years,” Karch said on X. “How hard will it be to get an extension? Will any foreigner still come to the US for a science or engineering PhD?”
Karch said in an email to The Epoch Times that the new rule creates uncertainty for international students, because physics doctoral programs typically take five to six years to complete, meaning many students would have to seek extensions before graduating.
He said about half of his university’s physics doctoral students are international students.
