The Trump Administration Targets International Students Again: Rescinding the "Duration of Status" Policy for F, J, and I Visas

Key Proposed Changes

1. Fixed Periods of Stay: Holders of F visas (including F-1 students and F-2 dependents) and J visas (including J-1 exchange visitors and J-2 dependents) will no longer be admitted under the D/S framework. Instead, their authorized stay will be valid until the program end date specified on Form I-20 or Form DS-2019, or for a maximum of 4 years—whichever is shorter.
2. Shortened Grace Period: The post-program departure grace period for F visa holders will be reduced from the current 60 days to 30 days, with corresponding adjustments to the relevant provisions for J visa holders.
3. Formal Extension Requirements: If a program cannot be completed by the original end date, visa holders must apply for an extension in advance. Approval of such extensions is not guaranteed. To extend their stay, applicants must submit Form I-539 to U.S. Citizenship and Immigration Services (USCIS) prior to the expiration of their authorized stay, and may remain in the U.S. legally only upon approval of the extension application.

Next Steps in the Rulemaking Process

• Publication of the proposed rule in the Federal Register and opening of the public comment period;
• DHS review of public comments and revision of the rule accordingly;
• Submission of the final rule to OMB for a secondary review;
• Publication of the final rule in the Federal Register and designation of its effective date.

Interpretation and Warnings

1. If implemented, the proposed rule will exert a profound impact on the entry and stay arrangements of international students, exchange visitors, and foreign media representatives.
2. Fixed periods of stay may force participants in long-term academic programs (e.g., doctoral candidates) to go through additional extension procedures. This will not only increase time and financial costs, but may also result in some international students having to interrupt their studies or even losing their eligibility to continue education in the U.S.
3. Should the proposal take effect, the Trump Administration will effectively drive a large number of international students to other traditional English-speaking countries such as the UK, Canada, and Australia, thereby helping these nations retain global talent.
4. Implementation of the rule will severely undermine the financial revenues of U.S. institutions of higher education and exert adverse effects on the U.S. economy across multiple sectors. It is estimated that the proposal, if enacted, will lead to an annual reduction of $700 million in U.S. economic gains.
5. It is recommended that all stakeholders closely monitor announcements in the Federal Register. Once the proposed rule is published, submit comments actively during the public comment period to safeguard your legitimate rights and interests. This effort will also contribute to maintaining the U.S.’s competitive edge in future global competition.