US proposes new rules for student visas including term limits and other restrictions
- The US government has proposed a new rule that aims to replace the long-established “duration of status” policy with fixed term limits for student visas
- The new rule also introduces a time limit for English language study and new restrictions on students changing programmes after arrival in the United States
On 28 August 2025, the US Department of Homeland Security published a proposed rule: Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media. The proposal remains open for comment through 29 September 2025.
The new rule – more accurately, a series of new policies – essentially introduces a number of new limits and restrictions for F-1 and J-1 visa holders. Most notably, it eliminates the current "duration of status" (D/S) policy. As NAFSA explains, "Unlike most other nonimmigrants who are admitted with an exact date of expiration of legal immigration status, D/S allows F students and J exchange visitors to remain in the country as long as they are making normal progress towards completing their academic or research objectives or are engaging in optional practical training (OPT)."
The proposed rule will see the end of this duration of status policy with students instead admitted for a fixed term, not to exceed four years plus an additional 30 days following their programme end date. Students that need to extend their stay in the United States beyond that end date would need to file an application for a renewed visa.
In addition, the proposed rule will establish a term limit for English language studies of 24 months, and will introduce a number of restrictions limiting students' ability to change their programme of study one in the US.
DHS sets out the argument for the new rule as such: "The significant increase in the volume of F academic students, J exchange visitors…poses a challenge to the Department's ability to monitor and oversee these nonimmigrants while they are in the United States. During the length of their stay for D/S, a period of admission without a specified end date, these nonimmigrants are not required to have direct interaction with DHS, except for a few limited instances, such as when applying for employment authorization for optional practical training (OPT) or for reinstatement if they have failed to maintain status. Admission for D/S, in general, does not afford immigration officers enough predetermined opportunities to directly verify that aliens granted such nonimmigrant statuses are engaging only in those activities their respective classifications authorize while they are in the United States. In turn, this has undermined DHS's ability to effectively enforce compliance with the statutory inadmissibility grounds related to unlawful presence and has created incentives for fraud and abuse."
"DHS believes that the admission of F, J, and I nonimmigrants for D/S is not appropriate," the Department's statement continues. "Replacing admissions for D/S with admissions for a fixed time period of authorized stay is consistent with most other nonimmigrant classifications, would provide additional protections and oversight of these nonimmigrant classifications and would allow DHS to better evaluate whether these nonimmigrants are maintaining status while temporarily in the United States."
A statement from NAFSA provides a counterpoint to this argument, with CEO Fanta Aw asserting that, "Shifting from a ‘duration of status’ policy to a fixed expiration date is a bad idea…The proposal represents a dangerous overreach by government into academia, as it would give [US Citizenship and Immigration Services] oversight over decisions that have long been the domain of academia, including changes to a student’s course of study and to their level of study. International students and exchange visitors are already rigorously tracked in the SEVIS database and are the most closely monitored nonimmigrants in the country."
She adds that, "Government interference into the academic realm in this way introduces a wholly unnecessary and new level of uncertainty to international student experience in the United States, as degree completion is now highly unpredictable. It will certainly act as an additional deterrent to international students choosing to study in this country, to the detriment of American economies, innovation, and global competitiveness."
"If finalised, this rule would create additional uncertainty, intrude on academic decision-making, increase bureaucratic hurdles, and risk deterring international students, researchers, and scholars from coming to the United States," said Miriam Feldblum, president and CEO of the Presidents’ Alliance on Higher Education and Immigration. "At a time when the US is already facing declines in international student enrolment, we must do everything we can to keep the door open to these individuals, who are essential to our future prosperity. This is not the time to erect additional barriers or reduce the flow of global talent."
The comment window on the proposed rule is open until 29 September 2025, and comments may be filed via the Federal Register. The NAFSA resource page on duration of status contains considerable additional background and resources for action.
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