The US Department of Homeland Security (DHS) has proposed sweeping changes to the way international students (F), exchange visitors (J), and foreign media representatives (I) are admitted and allowed to remain in the United States. The new rule would replace the long-standing “duration of status” (D/S) model with fixed admission periods, requiring most nonimmigrant visa holders to apply for extensions if they wish to stay beyond their initial authorized period.
This marks a revival of a policy first introduced during the final months of the Trump administration, which was later withdrawn by the Biden administration in 2021. The current proposal has reignited concerns among higher education institutions, medical training programs, and immigration advocates, who warn of disruptions to academic and professional pathways for foreign nationals.
Summary of Proposed Changes
Fixed Admission Periods
- F and J visa holders would be admitted for the length of their program, not to exceed four years, plus a 30-day grace period for departure.
- I visa holders would be admitted for up to 240 days, or 90 days for those with passports from the People’s Republic of China (excluding Hong Kong and Macau SARs).
Extension of Stay (EOS)
- All affected visa holders must apply to USCIS for an Extension of Stay if they wish to remain beyond their initial admission period.
- EOS applications will require biometric data, supporting documentation, and payment of applicable fees.
- EOS may be granted based on:
- Compelling academic reasons
- Documented medical conditions
- Circumstances beyond the applicant’s control (e.g., natural disasters, school closures)
Transition Period
- F and J visa holders present in the US on the rule’s effective date may remain until their program end date or up to four years, plus a departure grace period (60 days for F, 30 days for J).
- I visa holders will receive an automatic extension of up to 240 days (or 90 days for PRC passports) to complete their assignments.
Impacts by Visa Type
F Visa (Academic Students)
- Must apply for EOS to extend stay beyond program end date.
- Restrictions on changing programs or schools within the first academic year.
- Graduate-level students cannot change programs mid-course.
- Language training students limited to 24 months of study.
- EOS required for post-completion OPT and STEM OPT.
- Employment authorization may be automatically extended for up to 240 days while EOS is pending.
J Visa (Exchange Visitors)
- Admission limited to program duration, not exceeding four years.
- EOS must be recommended by a Responsible Officer (RO) and approved by DOS.
- J-1s may continue employment and program activities for up to 240 days while EOS is pending.
- J-2 dependents must apply separately for EOS and employment authorization.
I Visa (Foreign Media Representatives)
- Admission limited to 240 days or duration of assignment.
- EOS available for continued media activities.
- Applicants must represent a foreign media organization with a home office abroad.
- Content must be journalistic, not entertainment or promotional.
- Freelancers must provide attestations verifying employment and intent to return abroad.
Compliance and Enforcement
- Overstaying the fixed admission period may result in accrual of unlawful presence, triggering inadmissibility under INA §212(a)(9)(B) and (C).
- DHS will conduct periodic assessments to verify compliance and deter fraud.
- The proposal aligns F, J, and I visa categories with other nonimmigrant classifications.
Erickson Insights & Analysis
Impact on International Enrollment
The proposal comes amid broader turbulence in US international education policy. Earlier this year, thousands of F-1 students had their visas revoked without notice due to their appearance in a federal law enforcement database.
A multi-week freeze in visa interviews further compounded uncertainty, leading to projections of a steep decline in foreign student enrollment for the upcoming academic year.
According to US Immigration and Customs Enforcement (ICE), more than 1.1 million F-1 students were enrolled in undergraduate and graduate programs in 2024, with an additional 215,000 pursuing doctoral degrees.
Concerns from Academic and Medical Communities
The 2020 version of the rule received over 32,000 public comments, many of which highlighted the disconnect between the proposed timelines and real-world academic experiences. For example, while most international students complete degrees faster than their US counterparts, the average time to earn a bachelor’s degree is close to five years. Medical organizations also warned that the rule could disrupt J-1 physician training programs, which often extend beyond four years.
What’s Next?
The proposed rule has cleared White House review and is now open for public comment. Stakeholders in education, healthcare, and immigration law are expected to weigh in heavily. If finalized, the regulation would reshape the landscape for international students and exchange visitors, with implications for US competitiveness in global education.
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.