The Department of Homeland Security announced on July 16 the publication of a final rule that eliminates the “duration of status” policy, which had allowed foreign students, exchange visitors, and media representatives to remain in the United States indefinitely without routine government oversight.
The new regulation introduces a fixed period of admission for nonimmigrant visa holders in F, J, and I classifications. The department said this change is intended to restore integrity to the immigration system, address visa abuse, and enhance national security through regular vetting. A fixed period of admission is already used for many other nonimmigrant visas.
“For nearly half a century, the outdated ‘duration of status’ system has compromised national security and created an environment ripe for immigration fraud,” said DHS Secretary Markwayne Mullin. “For decades, foreign students have been admitted into the U.S. indefinitely, allowing thousands to abuse our immigration system by perpetually enrolling in courses to avoid having to leave the U.S. By implementing clear, finite limits on these visas, the United States is reclaiming its ability to properly screen, vet, and monitor individuals within our borders. This final rule ensures that foreign students remain focused on their primary purpose: completing their studies and returning home.”
Since 1978, foreign students have been admitted into the U.S. for an unspecified period under this framework. The new rule ends this practice by establishing several reforms: nonimmigrant students (F visas) and exchange visitors (J visas) will be admitted only for their program’s length up to four years; those needing more time must apply directly with U.S. Citizenship and Immigration Services for an extension with additional biometric vetting; departure grace periods are reduced from 60 days to 30 days; and stricter limitations are set on academic program changes.
The department said current visa holders under the previous policy will automatically transition to this new system once it takes effect—capping authorized stay at four years from that date. The Student and Exchange Visitor Program (SEVP), managed by U.S. Immigration and Customs Enforcement on behalf of DHS, oversees schools as well as international student tracking while they participate in education programs across the country.
The final rule will be published in the Federal Register within days and take effect 60 days after publication.