What Schools, Employers and Exchange Visitors Need to Know
For decades, foreign students and exchange visitors in F and J visa status have benefited from a unique admission framework known as “duration of status” (D/S). Unlike most nonimmigrant classifications, which are admitted for a fixed period reflected on their Form I‑94, F-1 students and J-1 exchange visitors generally have been permitted to remain in the United States for as long as they continue to comply with the terms of their academic or exchange program. And extensions to their period of authorized stay in the United States were handled internally, with their school (F-1) or program sponsor (J-1) able to issue the required paperwork (an I-20 form or a DS-2019 form, respectively), internally. In other words, F and J visa holders were not required to file applications with U.S. Citizenship & Immigration Services (USCIS) to extend their stay in the United States – they could extend their stay in a more streamlined fashion, simply by having a new I-20 or DS-2019 form issued.
The Department of Homeland Security (DHS) has now proposed a fundamental change to the duration of status framework. Under a proposed rule published in the Federal Register on July 17, 2026, D/S admissions for F and J visa holders would be eliminated and replaced with fixed periods of stay, potentially creating significant new compliance obligations for students, exchange visitors, educational institutions, program sponsors and employers.
The Current Duration of Status System
Under existing regulations, most F-1 students are admitted for the duration of their academic program, any authorized practical training and a subsequent grace period of 60 days. J-1 exchange visitors are similarly admitted for the duration of their approved exchange program, plus a 30-day grace period. Because admission is tied to maintenance of status rather than a specific expiration date, students and exchange visitors generally do not need to seek extensions of status from USCIS merely because their studies or programs continue beyond an originally anticipated completion date.
DHS argues the D/S framework limits oversight and creates challenges in monitoring compliance. The agency contends a fixed-admission structure more closely aligns F and J categories with other temporary visa classifications and would improve program integrity and national security.
What Would Change?
The proposed rule replaces D/S admissions with date-certain admission periods recorded on Form I‑94.
In most cases, F and J nonimmigrants would be admitted through the end date of their program, but generally for no more than four years at a time. Individuals who need additional time to complete their studies, training or exchange program would be required to file a formal extension-of-stay application with USCIS on Form I-539 – including paying a $470 filing fee for Form I-539 – before their authorized stay expires.
The proposal also contemplates shorter admission periods — potentially as little as two years — for certain categories of students and exchange visitors. DHS has cited factors such as visa overstay rates and program-compliance concerns as justification for heightened monitoring of specific populations.
In addition, the proposal would shorten certain grace periods (i.e., for F-1 holders, from 60 days to 30 days) and impose additional restrictions on program changes, transfers and extensions. Educational institutions and exchange sponsors could face increased administrative burdens as they assist participants in tracking and maintaining lawful status.
Practical Impact on Students and Exchange Visitors
The most significant consequence of the proposed rule is the shift from a relatively streamlined compliance model to one requiring more frequent interaction with USCIS, which would naturally introduce more burdens (financial and otherwise) and risk for foreign nationals.
Students who unexpectedly require additional semesters to complete degree requirements, researchers whose projects are extended, or physicians participating in lengthy training programs could be required to file extension requests that are unnecessary under the current D/S framework. Failure to timely file an extension could have serious immigration consequences, including loss of status and potential accrual of unlawful presence.
The proposal would also introduce greater uncertainty into long-term academic and research planning. Delays in extension adjudications, requests for evidence or administrative processing could create interruptions for students, scholars, and sponsoring institutions alike.
Impact on Educational Institutions and Employers
Universities, research institutions, hospitals, and exchange sponsors may see a substantial increase in immigration compliance responsibilities if the proposed rule is implemented.
International student offices and exchange program administrators would likely need to develop new tracking systems to monitor I‑94 expiration dates, extension filing deadlines and related compliance obligations. Employers that rely on students in curricular practical training (CPT), optional practical training (OPT) or J-1 exchange programs may likewise need to monitor participants’ immigration timelines more closely than under the current framework.
Health care institutions could be particularly affected because many physician trainees participate in graduate medical education programs pursuant to J-1 status. Additional filing requirements and potential delays could create workforce challenges in residency and fellowship programs that already operate with carefully coordinated timelines.
Looking Ahead
Although DHS has asserted the proposal will enhance oversight and strengthen immigration enforcement, critics argue it could significantly increase administrative burdens while creating uncertainty for students, scholars and sponsoring organizations. Educational institutions and advocacy groups have expressed concerns the changes may discourage international enrollment and complicate program administration.
For now, schools, employers and foreign nationals should closely monitor developments. If finalized, the rule would represent one of the most significant changes to the administration of F and J status in decades, replacing a longstanding “duration of status” model with a fixed-period admission system that more closely resembles other nonimmigrant visa categories.
Bottom Line: The proposed elimination of D/S would substantially alter how F-1 students and J-1 exchange visitors maintain lawful status in the United States. Organizations that host, employ or sponsor these individuals should begin evaluating the potential compliance implications now and be prepared for a more document-intensive and deadline-driven immigration environment if the proposal ultimately takes effect.
Harris Beach Murtha’s Immigration Practice Group is carefully watching this and related issues. If you have questions or concerns about how these actions may impact you or your students/employees, please contact Brendan J. Venter at (518) 701-2773 and bventer@harrisbeachmurtha.com, or the Harris Beach Murtha attorney with whom you most frequently work.
Our Immigration Practice Group includes immigration attorneys who represent clients throughout the United States and abroad. Our immigration lawyers focus on strategies – including immigrant visas for permanent U.S. resident status and temporary visas for foreign nationals – to ensure companies are able to hire, transfer, and retain the brightest and best non-U.S. talent.
This alert is not a substitute for advice of counsel on specific legal issues.
Harris Beach Murtha’s lawyers and consultants practice from offices throughout Connecticut in Bantam, Hartford, New Haven and Stamford; New York State in Albany, Binghamton, Buffalo, Ithaca, New York City, Niagara Falls, Rochester, Saratoga Springs, Syracuse, Long Island and White Plains; as well as in Boston, Massachusetts, and Newark, New Jersey.