The U.S. Department of Homeland Security (DHS) published a proposed rule change to eliminate the current I-94 Duration of Status (D/S) to instead apply an exact date of lawful stay in the U.S. for F and J nonimmigrants students and scholars.
The proposed fixed term of admission is four (4) years or the length of the program of study, whichever is shorter. The fixed term of admission would also include a 30-day grace period. If an F or J nonimmigrant student or scholar needs additional time to complete a program of study or period of authorized employment authorization, the F or J nonimmigrant will have to apply for an Extension of Stay with U.S. Citizenship & Immigration Services (USCIS).
What is Duration of Status?
Duration of Status, or D/S, is the “admit until” date on a traveler’s I-94 Arrival/Departure Record. It means that F and J nonimmigrant students and scholars can remain in the U.S. for the length of their Form I-20 or DS-2019, plus any period of employment authorization and grace period, if they have been maintaining F or J status.
Currently, if additional time is needed to complete the academic objective on the I-20 or DS-2019, the F or J nonimmigrant can apply for an extension with the F-1 Designated School Official (DSO) or J-1 Alternate Responsible Officer (ARO) at their institution. The DSO or ARO assesses eligibility for an extension of the I-20 or DS-2019 program end date.
What are the possible impacts of this proposed rule change on F-1 or J-1 students?
The following changes are proposed:
- Extension of Stay must be approved by U.S. Citizenship & Immigration Services (USCIS).
- The F-1 grace period will be shortened to 30 days.
- There will be limitations on when a student is eligible to
- Transfer to another U.S. institution
- Change majors to a different academic objective
- Move between different degree levels or earn multiple degrees at the same level
What can I do to prepare?
It is currently a proposed rule change and not an official change to immigration regulations. If any part of the proposed rule change is adopted, ISS will email you directly via Terra Dotta. Updates will also be made to this web announcement as information becomes available. Find additional information on the Resources on Immigration Issues webpage.
The proposed rule is in a public comment period until September 29, 2025. After that date, DHS will review the submitted comments and move toward a final rule change. The final rule change may include parts of the proposed rule or the entire proposed rule. The timeline is unknown but typically takes several months. We will not know the content in the final rule change to D/S until the final rule is published.