US' new rule to cap stay periods for F, J, and I visa holders explained

The US Department of Homeland Security (DHS) proposed a new rule that could end the longstanding practice of admitting foreign students, exchange visitors, and international media representatives for the “duration of status.” If finalised, the rule would replace this open-ended stay with fixed admission periods, requiring applicants to file for extensions if they need more time.

Currently, students on F visas, exchange visitors on J visas, and foreign media workers on I visas can remain in the US for as long as their program, training, or media assignment continues, plus a short grace period. They are not required to file for an extension if their program lasts longer than expected. For example, universities can already extend a student’s stay by issuing an updated Form I-20, while exchange programs do the same with a DS-2019.

Under the new rule, this system would end. Students, visitors, and media professionals would instead be admitted for a defined period, up to four years in most cases,and would need to apply to US Citizenship and Immigration Services (USCIS) for an extension if more time is required. Extensions would involve fresh paperwork, biometrics, and USCIS review.

New duration limits for visas

1. F-1 students: Up to four years, including optional practical training, plus a 30-day grace period (currently 60 days).

• English language students: Maximum 24 months.
• Public high school students: Maximum 12 months.

2. J-1 exchange visitors: Up to four years, plus a 30-day grace period.
3. I media representatives: Up to 240 days, except for Chinese passport holders (not including Hong Kong and Macau), who would be limited to 90 days.

Other proposed changes

• Restrictions on changing programs: F-1 undergraduates would not be allowed to switch majors or programs in their first year except in special cases. Graduate students would be barred from changing their program or education level at all.
• Travel rules: Those traveling while an extension application is pending could risk abandoning their requests, depending on the documents shown at entry.
• Definition of media work: Clarifies that entertainment-related activities, such as reality television, do not qualify for I visas.
• Elimination of deference: USCIS officers would no longer be required to give weight to earlier approvals when deciding extensions. This could increase denials and requests for evidence.

Consequences on staying beyond visa period
The proposed rule would also change when individuals start accruing “unlawful presence.” Right now, F, J, and I visa holders only accrue unlawful presence if USCIS or an immigration judge rules they have violated their status. Under the new rule, unlawful presence would begin immediately after the fixed admission period expires, similar to other non-immigrant categories. This could make overstays riskier, as those who remain beyond their allowed period could face three- or ten-year re-entry bans.

Past visa rulings will not be considered
The rule seeks to remove the existing regulation that requires USCIS to defer to earlier approvals of the same visa extension application. This means even repeat applicants could face more scrutiny, requests for additional evidence, and possible denials, creating uncertainty for those who had previously been routinely extended.

What this means
If finalised, the rule would bring more administrative hurdles for students, schools, and employers. Applicants will likely face more paperwork, fees, and processing delays due to the rise in extension applications.

DHS has opened a 30-day public comment window before the rule can be finalized. Academic institutions, businesses, and foreign applicants are expected to closely watch the process and highlight the impact on international education and media engagement in the US.