On August 28, 2025, the Department of Homeland Security (DHS) published a proposed rule that would fundamentally alter admission procedures and periods of authorized stay for international students (F visas), exchange visitors (J visas), representatives of foreign information media (I visas), and their dependents. The proposed rule would eliminate the current flexible “D/S” admission period for F, J and I visa holders, and replace it with an expiry date on the I-94.

More broadly, the proposed rule also aims to eliminate the current regulation requiring USCIS to give deference to prior agency approvals when adjudicating nonimmigrant benefit applications requesting an extension of status with the same underlying facts.

The public has 30 days, until September 29, 2025, to submit comments on the rule. Once DHS considers the public comments, it may modify or finalize the rule and establish an implementation date.

End of Duration of Status (D/S)
Under current law, nonimmigrants in F, J, and I classifications are admitted to the U.S. with a “D/S” designation on their I-94 admission document.

With respect to F-1 students, the foreign national’s lawful admission period is ultimately determined by the duration of their academic program as set forth on their I-20, plus a period of authorized Optional Practical Training (OPT) after program completion, followed by a 60-day grace period.

The admission period for a J-1 exchange visitor is ultimately determined by the duration of their exchange visitor program, as set forth on their underlying DS-2019, followed by a 30-day grace period.

Sponsoring institutions are authorized by U.S. Immigration and Customs Enforcement (ICE) to issue I-20s and DS-2019s in coordination with ICE, using ICE’s SEVIS system.

Currently, if a student changes or extends their academic program, the academic institution, in coordination with ICE, issues a new I-20, and the student may remain in the U.S. for the duration set forth on the new I-20, without the need to file an extension of status application with USCIS to extend their stay. The same is true for J-1 Exchange Visitors, who may be issued a new DS-2019 by their program sponsors (in coordination with ICE), extending their stay; no USCIS extension application is required.

Fixed Period of Admission
Under the proposed rule:

• • F-1 nonimmigrants and their dependents would be admitted for a fixed period, tied to the program end date on the underlying I-20, plus any period of OPT, not to exceed 4 years.
  • • The grace period to depart would be reduced from 60 days to 30 days and would be included in the admission period designated on the I-94 document. (The grace period would not count against the 4-year maximum admission period.)
  • • Certain types of programs, such as English language study programs, would be subject to shorter maximum periods (e.g., 24 months).
• • J-1 exchange visitors and their dependents would be admitted for their program duration as set forth on the underlying DS-2019, not to exceed 4 years, plus a 30-day grace period.
  • • The grace period would be included in the admission period designated on the I-94 document, but it would not count against the 4-year maximum admission period.
• • Nonimmigrants in F, J, or I status would begin to accrue unlawful presence if they remain in the U.S. beyond the expiration date designated on the I-94 document.

Extension of Stay (EOS) Requirement
A foreign student or exchange visitor wishing to change or extend their program or authorized employment pursuant to the program would be required to take extra steps to maintain their lawful status.
To remain in the U.S. beyond the I-94 expiration date, F-1 and J-1 nonimmigrants would be required to:

• • Obtain a new I-20 from a Designated School Official (DSO) (for F-1s) or DS-2019 from the Responsible Officer (RO) (for J-1s), in coordination with ICE.
• • File Form I-539 with USCIS to extend their status (as well as the status of any dependents). In some instances, students would be required to show compelling academic reasons to extend their studies.
• • Complete biometric screening.

Failure to file a timely request to extend status would result in the nonimmigrant accruing unlawful presence upon the expiration date on the I-94 document.

Elimination of Deference to Prior Approvals
As noted above, the proposed rule aims to eliminate the current regulation that requires USCIS to give deference to prior agency approvals when adjudicating nonimmigrant benefit applications to extend status with the same underlying facts. The “deference rule” was longstanding USCIS policy (but for a brief period during the first Trump administration) before it was codified in January 2025 under the Biden administration. The goal of the existing deference policy is to achieve more predictability and efficiency in government adjudications.

Practical Implications of Proposed Rule
If implemented, the proposed rule will increase compliance responsibilities and administrative burdens on academic institutions sponsoring foreign students and exchange visitor program sponsors. It will also result in increased costs and risks of status disruption for nonimmigrants their dependents and the U.S. institutions and employers who sponsor them.

In imposing a new requirement for F and J nonimmigrants to file extension applications with USCIS, we can expect USCIS processing delays and backlogs to increase. This will be exacerbated if the deference policy is also eliminated. When the first Trump administration abandoned the deference policy, adjudication backlogs soared, as did the rates for Requests for Evidence and denials of petitions, adversely impacting foreign nationals and their U.S. employer sponsors.

What’s Next?
The public comment period is open until September 29, 2025. After the comment period closes, DHS will review comments before issuing a final rule. The final rule will establish the effective date as well as the transition plan for nonimmigrants currently admitted for “D/S.”

For additional information, please contact your designated Van Der Hout LLP representative.