Proposed Elimination of Duration-of-Status for F & J Visa Holders
- September 3rd, 2025
- in Capstone International Services
PROPOSED ELIMINATION OF DURATION-OF-STATUS FOR F & J VISA HOLDERS
On Thursday, August 28, 2025, the Department of Homeland Security published 90 FR 42070 a proposed rule to eliminate “duration of status.” Please note, this rule is not final and has not gone into effect and we do not recommend making decisions based solely on this proposed rule.
For more resources see: https://www.nafsa.org/dsproposal2025.
Below is a brief discussion of the rule making process and a high-level overview of the proposed rule:
Rule Making Process:
- A proposed rule is published in the Federal Register and the public can comment (this is where we currently are). This period will end on September 29, 2025 for this rule.
- DHS is required to review public comments and prepare a response to all substantive comments.
- DHS sends either the same rule or the rule with changes to the OMB for review.
- The OMB completes their review of the rule.
- The final rule is published with an effective date.
Brief Overview of Proposed Rule
The new rule proposes to eliminate “duration of status” for individuals in F and J status. Currently, individuals in F and J statuses are admitted for “duration of status” which means they can remain in the United States if they are complying with their F or J regulations. There is not a fixed end date by which individuals in F or J status must depart the United States, rather this is tied to the individual’s Form I-20 or Form DS-2019 end-date.
The proposed rule would eliminate “duration of status” and replace it with a fixed end date of F or J status which is tied to their I-20 or DS-2019 end-date, not to exceed 4 years, plus a 30-day grace period. Individuals in F or J status would then need to file a formal extension of status request with USCIS in order to remain in the United States beyond their fixed end date.
Again, this is in the “Proposed Rule” stage. The public commentary period is open until September 29, 2025. All individuals can submit a comment regardless of immigration status, but please be aware that all submitted comments become public record. The final rule could have substantial changes or never take effect. This information is not law and is subject to change.
For the latest information on Regulatory Actions, please see the following resource: