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DHS proposes rule to establish a fixed time-period of admission for F, J and I nonimmigrants

  1. Original Date Announced

    September 25, 2020

    DHS issues a notice of proposed rulemaking to establish a fixed time period of admission for F, J, and I nonimmigrants for academic studies, exchange visitors, and representatives of foreign information media. Currently, F, J, and I nonimmigrants are admitted for duration of status, i.e., for the duration of time in which nonimmigrants are compliant with their nonimmigrant category. [ID# 1176]

    Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Studies, Exchange Visitors, and Representatives of Foreign Information Media
  2. Subsequent Trump and Court Action

    June 27, 2025

    Reported: DHS Revives 2020 Effort to Restrict Student and Exchange Visas - Bloomberg

    Bloomberg reports that DHS sent to the White House a proposed rule that, like the proposed 2020 rule, would limit the duration of F-1 and J-1 visas detailed in this entry. Currently, F-1 student and J-1 exchange-visitor visa holders may stay in the U.S. for the duration of their academic programs.

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  3. Subsequent Trump and Court Action

    August 28, 2025

    2025.08.28 Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media

    DHS revives the 2020 proposed rule that would change the admission period for F, J, and I nonimmigrants from duration of status to admission for a fixed period.

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  4. Subsequent Trump and Court Action

    August 14, 2026

    2026.08.14 USCIS to Publish New Editions of Form I-539 and Form I-765

    USCIS announced that it will publish revised editions of Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization, effective September 15, 2026. The forms have been revised to align with DHS’s final rule establishing fixed periods of admission for F-1, J-1, and certain I nonimmigrants. The revised instructions and forms reflect the following changes:

    • Students and exchange visitors who need to remain in the U.S. beyond their authorized admission period will generally need to file Form I-539 with USCIS.
    • The updated I-539 asks F/J applicants for additional SEVIS information, including prior SEVIS IDs and educational level.
    • Applicants may need to provide additional documentation demonstrating maintenance of status and eligibility for an extension.
    • The deadline to file Form I-765 for post-completion OPT will be reduced from 60 days to 30 days after the program end date.
    • USCIS will require the new 09/15/2026 editions of Forms I-539 and I-765 for filings submitted on or after September 15, 2026.

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  5. Biden Administration Action

    June 1, 2021

    2021.06.01 Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media

    This Biden administration action provides notice of the intention to revoke the Trump-era policy identified in this entry.

    In June 2021, OMB published notice that DHS intends to withdraw the proposed Trump-era ICE rule eliminating the availability of "duration of status" and providing a maximum period of authorized stay for certain categories of nonimmigrants traveling to the United States.

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  6. Biden Administration Action: Revoked/Replaced

    July 6, 2021

    2021.07.04_Policy Withdrawal

    This Biden administration action revokes the Trump-era policy identified in this entry.

    In July 2021, DHS withdrew the proposed Trump-era ICE rule eliminating the availability of "duration of status" and providing a maximum period of authorized stay for certain categories of nonimmigrants traveling to the United States.

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Current Status

None

Most Recent Action

July 6, 2021 Action: Revoked/Replaced 2021.07.04_Policy Withdrawal
June 1, 2021
Acted on by Biden Administration
July 6, 2021
Acted on by Biden Administration

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