Breaking Down the Proposed D/S Rule: What It Means for F-1 and J-1 Visa Holders

For decades, international students and exchange visitors in the United States have enjoyed a flexible period of stay known as “Duration of Status” (D/S). Under this system, F-1 and J-1 visa holders can remain in the country for as long as they maintain compliance with their visa terms, such as active enrollment in a qualifying program or participation in an authorized exchange program.

Now, a proposed rule from the Department of Homeland Security (DHS) could significantly alter that structure. If implemented, it would replace the traditional “duration of status” model with fixed periods of authorized stay, introducing significant implications for both students and sponsoring institutions.

At Sharma Law Associates, LLC, our New York immigration attorneys are closely monitoring this proposal to help F-1 and J-1 visa holders understand how these changes may impact their legal status and academic plans.

What is the Current Duration of Status Policy?

Under the current D/S system, F-1 students and J-1 exchange visitors are allowed to remain in the U.S. for the entire length of their academic or exchange program, plus any authorized practical training or grace period.

This flexibility helps students and educational institutions avoid the need for frequent extensions and additional filings with U.S. Citizenship and Immigration Services (USCIS). As long as the student maintains enrollment, follows visa requirements, and does not violate status, they can legally remain in the country.

The proposed rule seeks to replace this open-ended model with precise end dates for authorized stay.

What the Proposed Rule Would Change

If adopted, the new D/S rule would establish a fixed period of stay — typically two to four years — for most F-1 and J-1 visa holders. Students would then need to file an extension request with USCIS to continue their program beyond that time.

Key changes include:

• Fixed expiration dates instead of indefinite duration of status.

• Mandatory extension applications to continue studies, training, or research.

• Additional compliance monitoring for schools and sponsors through SEVIS (Student and Exchange Visitor Information System).

• Potential re-entry restrictions if a student fails to file an extension promptly or departs after status expires.

While the proposed rule aims to enhance oversight and reduce overstays, it would also introduce new administrative burdens for students, universities, and exchange sponsors.

Potential Impact on F-1 Students and J-1 Exchange Visitors

For students and researchers, this change could create both practical and financial challenges. Filing for extensions with USCIS entails additional fees, processing delays, and uncertainty during your studies or training.

F-1 students enrolled in longer programs, such as Ph.D. candidates, may require multiple extensions. Similarly, J-1 researchers or exchange visitors with extended projects could face interruptions in their work or travel plans.

Moreover, maintaining a lawful status would become more complex, as minor delays or miscommunications could result in unintentional violations and loss of status.

Our immigration attorneys in New York advise clients to stay proactive by tracking visa timelines, maintaining regular contact with Designated School Officials (DSOs) or program sponsors, and consulting an experienced lawyer well in advance of any expiration or program change.

What Schools and Sponsors Should Know

Educational institutions and exchange organizations would also face increased responsibilities. The proposed rule would require stricter reporting and oversight through SEVIS, including closer monitoring of enrollment, progress, and program completion dates.

Schools may need to allocate more administrative resources to ensure compliance and assist students with timely extension filings — especially for those from countries with limited visa availability or security reviews.

How Sharma Law Associates Can Help

As the U.S. government considers revisions to the Duration of Status framework, understanding your rights and responsibilities as an F-1 or J-1 visa holder is critical. Even small mistakes under the new system could jeopardize future visa eligibility or employment authorization.

At Sharma Law Associates, LLC, our New York immigration attorneys assist students, researchers, and sponsoring institutions in staying compliant and prepared for any regulatory changes that may arise. We provide personalized guidance on maintaining status, filing extensions, and responding to USCIS requests.

Contact us today at 646-921-6630, online, or schedule a personalized consultation on our calendar to discuss how the proposed D/S rule could affect your academic or exchange program — and how to stay one step ahead.