DHS publishes proposed rule changing F student/J exchange visitor categories

On August 28, 2025, ICE published a notice of proposed rulemaking relating to the F “student”, J “exchange visitor”, and I “foreign information media representative” visa categories. This update summarizes the proposed changes to F/J nonimmigrants only. Comments to the new rule are due by September 29, 2025. After considering comments, DHS will publish a final rule which will become effective 30 days after publication.  

The proposed rule eliminates “duration of status” (D/S) expiration dates for F/J visa holders, and imposes a fixed maximum period of stay for F-1 students and J-1 exchange visitors and their dependents of four years (F-1 students in language training programs would be limited to two years), with limited exceptions. Also, the post-completion grace period for F-1 students would be shortened from 60 to 30 days. While regulatory changes are not usually retroactive in application, it is unclear how these rules would affect F/J nonimmigrants who have already spent four years in F/J visa status. 

F/J nonimmigrants and their dependents would be issued I-94 admission records with fixed expiration dates. As a result, they would have to file an I-539 extension of status application with USCIS to extend their stay. The rule explicitly states that USCIS would approve extension requests in its discretion, and that if the extension is denied and the authorized admission period has expired, F/J nonimmigrants and their dependents must leave the US immediately.  

The proposed rule provides that F-1 students applying for OPT on Form I-765 would also have to apply for an extension of stay. It is unclear whether these would be filed and/or adjudicated concurrently with Forms I-539 to extend F-1 visa status. Certain types of work authorization would be extended up to 240 days while an extension application is pending. 

Significantly, the proposed rule prohibits F-1 visa holders from beginning a second academic program at the same or lower educational level. They would be required to begin a second program at a higher educational level (thus, an F-1 student with a Master's degree and in OPT could only pursue a new active program at a Doctoral level). This will limit the ability of F-1 visa-holding graduates to return to active student status after obtaining OPT work authorization. As a result, “DayOne” CPT may present a potential avenue for remaining in the United States only if pursuing a higher level academic program.