Originally Posted: 9/2/2025 | Last Updated: 9/2/2025 

On August 28, 2025, the Department of Homeland Security published a Notice of Proposed Rulemaking (NPRM) titled, “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media”. 

Current Admission Framework: Upon entry into the U.S., most nonimmigrants are issued an I-94 Arrival/Departure Record confirming their class of admission and “Admit Until Date”. That document controls their period of authorized stay in the U.S., requiring them to leave or request an extension of stay through USCIS before it expires. The procedure for students (F-1) and exchange visitors (J) is slightly different, as they are generally issued an I-94 with an “Admit Until Date” of “D/S”, standing for “duration of status”, allowing admission into the U.S. for the duration of their academic or training program as authorized by a valid Form I-20 or DS-2019. 

Designated school officials and program sponsors are responsible for authorizing and monitoring students and exchange visitors in the U.S., including authorizing program changes and extensions, through SEVIS, a DHS computer system that stores information and controls the authorized status of F and J nonimmigrants. The NPRM claims this is an insufficient means for tracking students and exchange visitors in the U.S. and proposes a new framework to provide additional oversight of these nonimmigrant classifications and allow DHS to better evaluate whether they are maintaining status in the United States. 

Proposed Changes: The main objective of the NPRM is to replace the D/S framework for F, J, and I nonimmigrants and instead begin issuing I-94s with a fixed admission period based on the length of their program. For F and J nonimmigrants, the fixed period of admission would be until completion of their program or a duration of four years, whichever is shorter. Nonimmigrants who would like to extend their program and remain in the U.S. beyond their fixed date of admission would need to apply directly with USCIS for an extension of stay. 

In addition to imposing specific periods of authorized stay upon admission into the U.S., the NPRM includes the following changes impacting F-1 students, among others: 

• For F-1 students changing educational objectives or transferring to an SEVP-certified school, requiring that the student complete his or her first academic year of a program of study at the school that initially issued his or her Form I-20 or successor form, unless an exception is authorized by SEVP. 
• Prohibiting F-1 students at the graduate education level from changing programs at any point during a program of study. 
• Requiring any nonimmigrant who has completed a program at one educational level to only be allowed to begin another program at a higher educational level while in F-1 status and prohibiting a change to the same or a lower educational level while in F-1 status. 
• Decreasing from 60 to 30 days the allowed period for F-1 nonimmigrants to prepare to depart from the United States after completion of a course of study or authorized period of post-completion practical training. 
• Providing that a delay in completing one’s program by the program end date specified on the Form I-20, which includes but is not limited to delays caused by academic probation or suspension or a student’s repeated inability or unwillingness to complete his or her course of study, generally is an unacceptable reason for program extensions for F nonimmigrants. 

Next Steps: DHS is accepting public comments on this NPRM until September 29, 2025.  

If this rulemaking becomes final, DHS proposes to generally allow all F and J nonimmigrants present in the U.S. on the final rule’s effective date who were admitted for D/S and are maintaining valid status to remain in the U.S., without requesting an extension through USCIS, up to the program end date reflected on their Form I-20 or DS-2019 as of the Final Rule’s effective date, for a period not to exceed 4 years from the effective date of the Final Rule. F and J nonimmigrants who depart the U.S. after the rule’s effective date and before the end date reflected on their Form I-20 or DS-2019 may be admitted with a new fixed admission period as provided under the Final Rule. 

We will continue to monitor for updates on the official rulemaking and explain potential impacts and next steps in further detail once a final rule is published.