【ARCFE News】 Proposed Changes to F/J/I Visa Duration Rules & How It Affects International Students

ARCFE U.S.
May 21
5 min read

For nearly half a century, international students in the U.S. have operated under the Duration of Status (D/S) framework. That longstanding policy may now be subject to significant change.

On May 5, the U.S. Department of Homeland Security (DHS) submitted a final rule affecting F, J and I nonimmigrant classifications to the OMB/OIRA for federal review. The proposed regulatory shift would replace the current D/S system, which permits individuals to remain in the U.S. for as long as they maintain valid status, with a defined fixed period of stay. DHS previously introduced this policy direction in a proposed rule published on August 2, 2025. The rule’s submission for federal review marks a major procedural step and suggests the regulation is moving closer toward formal implementation.

Current D/S Framework

Under the current system, many F, J, and I nonimmigrants entering the U.S. receive an I-94 record marked “D/S”. This means that as long as they continue to maintain valid status and their program remains active, they are generally permitted to stay in the U.S. lawfully.

For example, in the case of the F-1 student visa, students are generally allowed to remain in the U.S. as long as their school-issued Form I-20 remains valid, their SEVIS record stays in “Active” status, and they continue to meet their F-1 requirements. Even if the F-1 visa stamp in the passport expires, students may typically continue their lawful stay as long as they do not depart the U.S.

Proposed Fixed Period of Stay Rule

Under the proposed rule, F, J, and I nonimmigrants (as well as their dependents) would no longer enter the U.S. under the D/S framework. Instead, similar to most other nonimmigrant visa categories, they would be admitted for a clearly defined period of stay with a specific expiration date.

For most F and J nonimmigrants, the proposed framework would allow a stay period tied to the program end date, with a maximum period of four years. Individuals requiring additional time to complete their academic programs, exchange activities, or employment arrangements would need to file an Extension of Stay (EOS) application with USCIS.

This means that, in the future, even if students obtain updated I-20 forms from their schools, they may no longer be able to rely solely on school-issued documentation to continue extending their stay. Once the authorized stay period expires, maintaining lawful status may require a formal extension process through USCIS.

For programs with longer academic timelines, such as doctoral degrees and certain medical programs, students may need to file formal EOS applications and complete additional biometric procedures, including fingerprints collection.

In addition, the proposal would further shorten existing grace periods. Currently, F-1 students generally receive a 60-day grave period after completing their studies or OPT/STEM OPT programs. Under the proposed rule, the grace period for F visa holders could be reduced to 30 days.

Potential Impact of the Proposed Rule

The proposed fixed-period stay framework for F, J, and I visa holders would represent a significant shift in how international student status is managed in the U.S. The system could move away from the current relatively flexible D/S model toward a more structured and renewal-based framework that relies more heavily on USCIS adjudication.

This may directly result in:

More frequent status extension filings;
Increased time and financial costs;
More complex immigration compliance requirements;
Greater uncertainty associated with USCIS processing timelines;
Higher risk of academic disruption caused by administrative delays.

The rule has not yet taken effect. However, its submission for OMB/OIRA review indicates that the rulemaking process has entered one of its final and most critical stages. Once formally published, the regulation may include an implementation preparation period of approximately 30-60 days and could potentially affect international students entering the U.S. after September 2026.

For international students currently in the U.S., as well as families planning long-term immigration pathways, it is important to:

Continue monitoring the official release of the final rule;
Reassess immigration and status planning strategies for the next 1-2 years;
Consult experienced immigration counsel early regarding extension applications, change-of-status planning, and long-term U.S. residency strategies.

ARCFE will continue monitoring relevant policy developments and provide timely updates on immigration planning considerations and evolving regulatory trends.

EB-5 Program: A Stable Long-Term Option

The EB-5 Immigrant Investor program is a U.S. immigration pathway that allows eligible foreign investors and their families to apply for permanent residency through qualified investments that generate American jobs. Under the current EB-5 framework, certain applicants in the U.S. may also benefit from concurrent filing, providing access to work and travel authorization while their green card petitions remain pending adjudication.

Concurrent Filing

Eligible applicants currently residing in the U.S. with a valid visa may file both Form I-526E and I-485 Adjustment of Status (AOS) at the same time. This allows them to get Employment Authorization Document (EAD) and Advance Parole (AP - travel document) around 6 to 9 months, allowing for lawful employment and greater travel flexibility while their cases remain pending.

F-1 EAD vs. AOS EAD

In practice, AOS EAD offers significantly greater flexibility and is not dependent on maintaining F-1 student status once the AOS application is properly filed.

F-1 EAD is tied to the F-1 student status and is typically issued through programs such as OPT or STEM OPT. Employment under an F-1 EAD must generally relate to the student’s field of study and remains subject to F-1 compliance requirements, including school reporting obligations and unemployment limits.

By contrast, AOS EAD is issued to applicants with a pending green card application, such as I-526E EB-5 immigration. It provides broad, unrestricted work authorization, allowing the individual to work for almost any employer in the U.S. without limitations tied to a specific field of study or program.

ARCFE: Award-Winning EB-5 Regional Center

ARCFE is an award-winning EB-5 Regional Center with more than a decade of experience in real estate financing and immigration investment management. Originally designated by the USCIS in 2013 and redesignated under the EB-5 Reform and Integrity Act (RIA) in 2022, ARCFE has established a strong track record in structuring and managing EB-5 investments across NYC and New Jersey markets.

Our team brings together professionals from the immigration, real estate, and financial industries, including team members with CFA and CPA credentials, providing investors with a multidisciplinary approach to both immigration and investment plans.

To date, ARCFE has successfully raised and managed EB-5 capital for 20 projects, boasting a 100% project approval rate. Under the pre-RIA era, all ARCFE-sponsored projects successfully repaid their EB-5 loans, totaling more than $211M in repayments. In addition, ARCFE has successfully returned 100% of EB-5 capital to all eligible investors.

With a strong emphasis on due diligence, risk management, and project oversight, ARCFE focuses on partnering with experienced developers and selecting projects backed by strong market fundamentals. Our experience in NYC-area real estate financing and development allows us to carefully evaluate opportunities and manage projects throughout the full investment lifecycle.