Washington, D.C.
— The U.S. Department of Homeland Security (DHS) is moving forward with a
proposal that could end the decades-old practice of granting certain visa
holders open-ended stays tied to the length of their academic or professional
programs.
The proposed rule — recently approved for review by
the White House’s Office of Management and Budget — would replace the current
“duration of status” policy with fixed visa periods for F (student), J
(exchange visitor), and I (foreign media) visa categories. Once published in
the Federal Register, the measure will be open for public comment.
From Flexible Stays to Fixed Deadlines
Under current policy, visa holders in these categories can remain in the U.S.
for the entire length of their approved program or assignment, without a
specified departure date on their I-94 arrival record. This arrangement has
allowed flexibility for shifting academic timelines, research extensions, or
evolving professional assignments.
If implemented, the new rule would impose
predetermined stay limits — possibly two or four years — after which
individuals would need to apply for extensions. Immigration experts warn that
such applications could be costly, time-consuming, and vulnerable to
bureaucratic delays.
Supporters vs. Critics
Supporters argue the change would strengthen oversight and reduce abuse of the
immigration system. Opponents counter that it could create unnecessary hurdles
for students, researchers, and journalists, whose work often depends on
unpredictable schedules and multi-year commitments.
The change could also have significant legal
implications. Under the current “duration of status” system, visa holders do
not accrue “unlawful presence” — which can trigger multi-year reentry bans —
unless U.S. Citizenship and Immigration Services or an immigration judge
formally determines a violation. Fixed end dates could mean that even a missed
deadline by a few days could result in harsh immigration penalties.
A Revived Trump-Era Policy
The proposal mirrors a similar rule introduced by the Trump administration in
2020, which was ultimately shelved after facing multiple lawsuits. Immigration
attorneys expect that the revived version could attract similar legal
challenges if it fails to account for the unpredictable timelines inherent in
education, research, and foreign reporting.
Graduate students working on multi-year research
projects could face interruptions if required to reapply before completion.
Foreign correspondents, whose assignments can shift rapidly with geopolitical
developments, may also be heavily affected.
Next Steps
Once the proposal appears in the Federal Register, the public will have
30 to 60 days to submit feedback. DHS will then review comments, revise the
proposal if necessary, and issue a final rule with an implementation timeline.
If adopted, the change could reshape how thousands of
international students, researchers, and journalists plan their time in the
United States.
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