DHS proposes fixed time limits for international student and media visas

Who is affected?

The proposed rule applies to individuals in the following visa categories:

• F visas – Academic students enrolled in U.S. institutions
• J visas – Exchange visitors participating in various eligible educational or cultural programs
• I visas – Representatives of foreign information media

Currently, these individuals are admitted for the duration of their program or assignment, provided they remain in compliance with visa terms.

What’s changing: From flexibility to fixed terms

At a high level, under the proposed rule, individuals who require an F, J, or I visa to be lawfully present in the U.S. would be admitted for a fixed period of time, generally not to exceed four years for F-1 or J-1 (or 240 days for I visa holders).

More specifically, the proposed rule would:

• Eliminate “duration of status” admissions for F, J, and most I visa holders.
• Impose a maximum four-year stay for J and F visa holders, and I visa holders limited to 240-day stay (with possible extensions).
• Require visa holders to apply for an extension of stay (EOS) with the US Citizenship and Immigration Service (USCIS) if additional time is needed to complete their program or assignment. As part of the EOS application, USCIS will collect biometric information.

The NPRM indicates that the purpose of this shift is to enhance oversight and reduce the risk of visa overstays. However, it simultaneously introduces new administrative burdens and uncertainty for both visa holders and sponsoring institutions.

Applicability to current visa holders

The proposed rule would apply retroactively to individuals already in the U.S. on F, J, or I visas. This means:

• Current visa holders would be subject to the new fixed time limits, starting at the time the rule goes into effect.
• Those individuals whose stay exceeds the new limits would need to apply for an extension.
• Dependents (e.g., F-2, J-2) would also be affected, as their status is tied to the principal visa holder’s period of admission.

DHS’s motivation

Unlike most nonimmigrant visa classifications, F, J, and I visa holders are currently admitted for “duration of status,” meaning they can remain in the U.S. for the length of their program of study (F-1), exchange program (J-1) or assignment/contract (I visa) as long as they comply with the terms of their visa. DHS argues that this open-ended model limits its ability to effectively monitor visa compliance and enforce immigration laws.

The agency cites several motivations for the proposed change:

• Enhancing national security and immigration enforcement by establishing clear timelines for lawful presence.
• Aligning F, J, and I visa categories with other nonimmigrant classifications, which typically have fixed admission periods.
• Improving oversight and reducing overstays, particularly in cases where individuals remain in the U.S. beyond their intended program duration without triggering automatic review.

The NPRM also notes that the current model complicates data tracking and enforcement, making it difficult to identify and address potential violations. By instituting fixed admission periods, DHS aims to create a more uniform and enforceable system of nonimmigrant oversight.

Authored by Aleksander Dukic, Stephanie Gold, Beth Peters, Anne Fisher, and Laurine Verwiel.