On August 28, 2025, the Trump administration released a proposed agreement to terminate the “Duration of Status” (D/S) for F, J, and I visa holders. Currently, students holding F-1 visas will have their I-94 forms marked as D/S upon entry into the United States, as long as their status remains valid within the US (I-20 is valid). However, the new rule proposes to change D/S to a fixed term, not exceeding four years, which is one of the core changes in this proposed rule. So, what impact will this have on future/current international student F-1 visa holders? What changes will occur? Details are as follows:
1. From “Sustainable Extension of Status” to “Fixed Duration of Stay”
| Original text of the new regulations (simplified):
This proposed rule would change the admission period for F (academic student), J (exchange visitor), and I (representatives of foreign information media) nonimmigrant classifications to a fixed time period of admission. Currently, these individuals are admitted for the “ duration of status ,” meaning as long as they comply with the terms of their visa.
Interpretation:
| Current F1 | F1 under new regulations (Not yet implemented, still in the public notice period) | |
|---|---|---|
| Status of stay in the US | No specific end date | There is a specific end date. |
| I-94 record notes | D/S | End Date |
| Project extension/transfer | Automatic renewal; only I-20 needs to be updated (ensuring the SEVIS ID remains valid). | An application for extension of EOS stay must be submitted.(Extension of Stay) |
| flexibility | The requirements are relatively high, as long as you maintain your current F1 status in the US. | The requirements are low, and fixed dates must be strictly adhered to. |
The key change in this new regulation is that, currently, F-1 students, as long as they comply with the rules, have no specific end date for their legal stay in the United States; their status can be understood as “continuously extending.” This means that even if the F-1 visa expires, their current SEVIS ID in the US remains “Active Status,” indicating that their current status in the US remains valid. However, the new regulation proposes ” setting a fixed end date for the stay period for F-1 students .” This means that upon entry, customs will mark a fixed period on the I-94, usually linked to the length of the student’s program, with a maximum of four years. If the student’s status in the US is about to exceed the fixed period on their I-94, they will need to submit an EOS (Extended Status of Residence) application if they still need to stay in the US; otherwise, they need to leave the country as soon as possible before the fixed period expires to avoid overstaying their visa.
2. How is the period of stay calculated (including OPT and STEM OPT)?
| Original text of the new regulations (simplified):
Under this proposal, aliens applying for admission in either F or J status who, under this proposal, would be eligible to be admitted for a maximum period of 4 years or the length of program as specified on Form I-20 or DS-2019, whichever is shorter, or the end date of the approved employment authorization for post-completion OPT and Science Technology Engineering and Mathematics (STEM) OPT, as applicable, plus additional 30 day periods for arrival and a 30-day period to prepare for departure…
Interpretation:
This regulation proposes that the definition of a “fixed term” should depend on the shorter of the following factors, applicable to F-1 holders under the new rules:
- The maximum is 4 years;
- Program End Date on the I-20 homepage
- The approved end date of OPT or STEM OPT (i.e., the end date of the EAD card).
In addition, the new regulations will include a 30-day entry period and a 30-day grace period. Therefore, if a student receives an approved STEM OPT extension, their stay will automatically extend to the end date of the STEM OPT, thus eliminating the need for a separate EOS extension application.
3. Restrictions on transferring schools/programs
| Original text of the new regulations (simplified):
The rule also outlines specific procedures for various situations , such as… prohibiting changes to the same or lower educational levels …
Interpretation:
Transfer restrictions: The new regulations propose prohibiting students from transferring to programs at the same or lower educational level. For example, if a student has already completed and obtained a master’s degree, under this regulation, they will not be able to apply for another master’s program, even one in a completely different field.
Transfer restrictions : The new rule proposes that F-1 students must complete their first year of study at the school they were initially admitted to before they can transfer to another school.
4. The Grace Period is shortened.
| Original text of the new regulations (simplified):
The rule… decreasing the departure preparation period from 60 to 30 days .
Interpretation:
The proposed new rule shortens the grace period for F-1 students after completing their studies from 60 days to 30 days. After normal graduation/OPT completion, students can stay in the US for no more than 30 days, and any change of status must be completed within 30 days. This will also affect students with an H1b cap gap; they will need to receive their H1b Receipt Notice within the 30-day grace period after being selected in the lottery next year to trigger the cap gap and continue working until their H1b visa becomes effective.
5. If the new regulations are implemented, the current transition period for F1 students…
Scenario 1: Applying for OPT or STEM OPT after the new regulations take effect
If you are still in the United States 60 days after the new rule is finally published , and you submit your OPT or STEM OPT application within 6 months of the new rule taking effect , then:
- No additional “Extension of Stay” (EOS) application is required .
- You only need to submit your OPT or STEM OPT employment authorization application (I-765) through the normal process.
Scenario 2: OPT or STEM OPT applications are under review when the new regulations take effect.
If your OPT or STEM OPT application was submitted and is awaiting processing when the new rules take effect , then:
- No need to reapply or submit an additional extension application .
- As long as the application was correctly submitted when the new rules took effect and is currently under review, you can legally remain in the United States.
- The trial outcome will not be affected by the new policy :
- If your application is approved : Your F-1 status in the US will legally continue until your EAD card (Work Authorization Document) expires, with a grace period of 60 days.
- If the application is denied : the legal period of stay will continue until the program end date stated on the I-20 form + a 60-day grace period.
Please note that the above information comes from the U.S. government’s “Proposed Rule,” a notice regarding proposed nonimmigrant visa reforms by the U.S. Department of Homeland Security (DHS). It is not yet in effect. The document is currently open for public comment, and the final regulations may be subject to change. Public Comment: The notice is soliciting public comments on these proposals. The deadline for comments on the rule itself is September 29, 2025, while the deadline for comments on information gathering is October 27, 2025.
Reference:
Document Title: Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Students, Exchange Visitors, and Representatives of Foreign Information Media
Federal Register Citation Number: 90 FR 55000
Release Date: August 28, 2025
Document Number: 2025-16554