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2.0

DHS publishes a rule to establish a fixed time-period of admission and extension of stay procedures for F, J and I nonimmigrants

  1. Original Date Announced

    August 28, 2025

    DHS issued a notice of proposed rulemaking for a change in admission period for F, J, and I nonimmigrants, from "duration of status" to "admission for a fixed period." This notice revives a 2020 proposal from the first Trump administration.

    The change would "require all F, J, and I nonimmigrants who wish to remain in the United States beyond their specific authorized admission period to apply for authorization to extend their stay with USCIS if in the United States, thus requiring periodic assessments by DHS in order for the alien to remain in the United States for a longer period."

    Currently, F, J, and I nonimmigrants are admitted for duration of status, i.e., for the duration of time they comply with their nonimmigrant category. The notice of proposed rulemaking allows 30 days of public comments until September 29, 2025.

    Trump 2.0 [ID #1940]

    2025.08.28 DHS - 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
  2. Subsequent Trump and Court Action

    July 17, 2026

    2026.07.17 DHS Final Rule - 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 published a final rule changing the admission period for the F, J, and I classifications from duration of status to an admission for a fixed time period. Among other things, the rule also reduces the F-1 post-completion departure period from 60 to 30 days, bars graduate students from changing educational objectives or transferring schools absent approved extenuating circumstances, and caps language training students at an aggregate 24 months. The rule, which adopts most provisions of the August 28, 2025 NPRM with modifications following nearly 22,000 public comments, is classified as a major rule subject to congressional review, with a stated effective date of September 15, 2026.

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Current Status

None

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Rule
Agencies Affected: DHS USCIS

Commentary

  • 2025.09.29 Members of Congress - Comment Opposing Proposed Rule

    35 members of Congress submitted a comment in opposition to DHS's proposed rule. The representatives note that DHS failed to provide adequate justification for and warn that the rule will heavily burden USCIS, an agency with millions of cases backlogged. The comment also states that DHS overlooked the rule's economic and operational impact on USCIS, relied on flawed assumptions to limit admission periods, and downplayed the rule's economic effects on higher-education institutions.

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