For decades, F-1 students and J-1 exchange visitors have generally been admitted under a “duration of status” or D/S framework, which allows them to remain in the United States so long as they maintain status and continue their approved academic or exchange activity. The Department of Homeland Security (DHS) proposed a major change to that framework through a Notice of Proposed Rulemaking (NPRM or rule) published in the Federal Register on August 28, 2025. While DHS has not yet issued a final rule, the rulemaking process has advanced—most notably, the proposed rule was submitted to the Office of Management and Budget (OMB) for review on May 5, 2026, signaling that the agency may be moving toward finalization.

If finalized, the rule would replace D/S with a fixed period of admission tied to the student’s program end date, which would fundamentally change how schools monitor international student compliance. Following OMB review, any final rule would be published in the Federal Register and would typically take effect 30 to 60 days after publication, although timing remains uncertain as DHS continues to evaluate public comments and may revise the rule before issuance. While there is no concrete timeline for final action, institutions should be aware of the proposal and its potential operational impact.

Potential Impacts
Under the proposal, F-1 and J-1 nonimmigrants would be admitted only until the program end date shown on Form I-20 or DS-2019, up to a maximum of four years, plus a 30-day grace period. Students and scholars who need additional time would generally have to seek an extension of stay through U.S. Citizenship and Immigration Services (USCIS) rather than rely on the school’s existing program-extension process. The proposal also would tighten rules on transfers, program changes, and progression to new academic levels, making the timing of each student’s immigration record more consequential.

This matters because many institutions have built their international student compliance systems around D/S, not around hard expiration dates. A fixed admission period would require Designated School Officers (DSOs) to manage more deadlines, more frequent student touchpoints, and more careful coordination between Student and Exchange Visitor Program (SEVIS) records, I-94 dates, and any USCIS extension filings. The change also increases the risk that a student could fall out of status because of an inaccurate program end date, a missed filing deadline, or confusion between visa validity and the period of authorized stay reflected on the I-94.

Higher education institutions can begin preparing now by:

• Auditing Form I-20 to make sure program end dates are current and accurate,
• Creating internal procedures to track both SEVIS dates and I-94 expiration dates;
• Updating student-facing communications so that students understand the difference between visa stamp validity and I-94 validity, since those are not the same and only the I-94 controls authorized stay;
• Considering whether DSOs need additional software tools, extra staffing, or a closer working relationship with outside immigration counsel to manage extension requests, denials, and other higher-risk cases.

Schools should also expect implementation uncertainty. Even if DHS finalizes the rule, litigation or agency action could pause, narrow, or otherwise delay portions of the change, which means institutions may need to operate through a period of starts and stops. Institutions that plan proactively, train staff early, and build flexible compliance processes will be better positioned to adapt as the rulemaking develops.

Barley Snyder will continue to monitor this proposed rule and any related agency guidance, implementation developments, and litigation that may affect how and when these changes take effect. For guidance on reviewing institutional processes, advising DSOs, or assessing how a shift from duration of status to fixed admission periods could affect your campus, please contact Andrew J. Mahon, Silas M. Ruiz-Steele, Hyo Jin (“Jinnie”) Lee, or any member of Barley Snyder’s Immigration team.