The Department of Homeland Security (DHS) has proposed revising the admission period for the F (academic student) visa classification from duration of status or "D/S" to an admission for a fixed time period. This proposed change would also apply to the J (exchange visitor) and I (representatives of foreign information media) classifications.
Under the proposed rule, F and J nonimmigrants would be admitted to the United States up to the end date of the program noted in their Form I-20 or DS-2019, not to exceed a four-year period. Nonimmigrants seeking to continue their studies will be able to apply for an extension of stay with USCIS.
In addition, DHS proposes reducing the F-1 "grace" period from 60 days to 30 days. This would mean that, following the completion of their studies and any practical training, F-1 students would have only 30 days to prepare for their departure from the United States.
The proposed changes also include the following:
- An F-1 student who has completed a program of study in the United States at one educational level cannot pursue a different program at the same or lower educational level.
- Undergraduate F-1 students could not change their program of study or their school during their first academic year unless SEVP (Student and Exchange Visitor Program) authorizes an exception.
- F-1 students at the graduate-level or higher cannot change their program at any point during their program of study.
- F-1 students who wish to extend their status would need to timely file their extension of application so USCIS receives the application on or before the date the F-1 student's authorized admission period expires.
Public comments on the proposed rule are due on or before Sept. 29, 2025. A rule would not become final until after DHS reviews public comments on the proposed rule, submits a final rule within the federal government for review, and then publishes a final rule in the Federal Register with a future effective date.
Jackson Lewis attorneys will continue to monitor the situation and provide updates.
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