On August 28, 2025, the Department of Homeland Security (DHS) published a proposed rule in the Federal Register to replace “duration of status” (D/S) with a fixed period for students and exchange visitors and their dependents in F and J non-immigrant status. This proposed change would replace flexible timing based on program duration's with specific fixed admission dates to align with program end dates indicated on Form I-20 or DS-2019.

This is a proposed rule that is not currently in effect. The final rule, if enacted after the close of the public comment period, may be different from this proposed rule. International Support Services is monitoring developments closely and will provide updates on our website when additional information becomes available.

Summary of Changes

Fixed-date admissions to the United States. 

Instead of being admitted for "duration of status" (D/S) as they currently are individuals applying for admission to the United States in either F or J status (F-1 students, F-2 dependents, J-1 exchange visitors, and J-2 dependents) would be admitted for a fixed date, recorded on the F or J nonimmigrant's Form I-94, that would be limited to the program end date noted on their Form I-20 or DS-2019, not to exceed 4 years, plus a period of 30 days following their program end date; the F-1 grace period would be reduced from the current 60 days to 30 days.

Formal I-539 extension of stay process with USCIS. 

Individuals who need time beyond their period of admission for whatever reason (e.g., an extension of program, school transfers, moving academic levels, use of post-completion practical training or academic training) would have to timely file a complete Form I-539 extension of stay application with USCIS before their prior admission expires, with Form I-539 with fee, biometrics, and possible interview).

Cap on ESL duration of admission. 

Capping English language training students at 24 months.

Restrictions on transfers and changes of educational objectives. 

Restricting transfers and changes of educational objectives (with graduate students prohibited from changing programs).

Prohibition on lateral or reverse matriculation. 

Barring F-1 students from pursuing a program at the same or lower educational level after completing one.

Communication to Students

We sent an email to all F and J international students. If we send more emails to students about this DHS proposed rule, we will try to include them here.

How to Submit a Comment

Comments are due by September 29, 2025.

Anyone can submit a comment as an individual; however, please do not make comments on behalf of the University of Kansas or use your KU email address. Real life scenarios of how one may be impacted are most useful.

NAFSA: Association of International Education has a good article that provides guidance on how to submit a comment.

To submit your comments online, go to https://www.regulations.gov and insert “ICEB-2025-0001” in the “Search” box. To limit the results, you can check the box (left side menu) to limit search results to those documents which will allow Comments. Click on the rule that appears in the “Search Results.” Click on the “Comment” box under the name of the rule and input your comments in the text box provided. When you are satisfied with your comments, follow the prompts, and then click “Submit Comment.”

Please remember that these are public comments. You will be asked to provide your name and email address when making a comment. When you submit a comment, you can ask that you appear as anonymous to the public.

Frequently Asked Questions

Please remember that when we try to provide clarity and answer questions it is about a proposed rule, which could change significantly from a final rule.

When is it expected to become effective as a final rule?

It is unpredictable. The final rule can only be published once they review the comments. Generally, with proposed rules, when the final rule is published there will likely be a 60-day period before it becomes effective. It is important to stay informed and prepared in case changes happen quickly.

Will this only affect new students going forward after the new rules are implemented?

This rule change will impact both new and current students. 

For current students who decide to travel, they will receive a date specific I-94 record upon re-entry, after the rule goes into effect. This will also impact current students who decide not to travel and there will be a transition process. Current students who have a D/S (duration of status) I-94 record can remain in the United States up to the program end date reflected on their Form I-20 or DS-2019 (plus 60 days for F-1, and 30 days for J-1), for a period not to exceed 4 years from the final effective date of the rule. If you need more time to complete your degree, then an extension of stay application to the United States government will likely be required.

I’m in a 6-year PhD program, what do I do if I receive a 4-year I-94 record?

Students with an I-94 record that has less time than their Form I-20 or DS-2019 will need to apply to request an extension of stay to the United States government, prior to the end date of the I-94 record. The proposed rule outlines reasons for extension, which we use to extend Form I-20/DS-2019. There will be costs to submit the extension of stay application.

How will this affect travel and re-entry?

The proposed rule indicates that current students who depart the United States after the rule’s effective date and before the end date reflected on your Form I-20 or DS-2019 may be admitted with a new fixed date admission period on your I-94, like any newly admitted student. The new date will be based on the program end date on your Form I-20 or DS-2019, with a maximum of four years. F-1 student grace periods will be adjusted to 30 days instead of 60.

How will this proposed rule impact Curricular Practical Training for F-1 international students?

In most cases, curricular practical training (CPT) will not be impacted.  CPT is for required internships which are prior to completion of degree. As long as the I-20 and I-94 record does not need to be extended (thus requiring a new I-94 and extension of stay), CPT should not be impacted.

In the proposed rule there is a provision to automatically allow CPT authorization to continue if an extension of stay application is filed in a timely manner before the I-94 record ends.

How will this proposed rule impact Optional Practical Training for F-1 international students?

Optional Practical Training (OPT) is typically used after degree completion and will most likely require the student to submit an extension of stay application, while also filing the OPT application. Since current students' I-94 record will now become their Form I-20 or DS-2019 end date or end in 4-years whichever is earlier, they will need to submit an extension of stay application while they submit their OPT application.

I am currently on OPT, how will this proposed rule impact me?

If you plan to complete your OPT and depart the U.S. during your 60-day grace period, you should not be impacted by the new rule. If you wish to apply for the STEM extension to OPT, then you would need to submit an extension of stay application to the government in addition to your STEM OPT application.

Assuming a department has sufficient resources, may we pay extension or OPT fees for our students? If so, will there be limits on what kinds of funds (state funds, KUEA, etc.) that we can use for this purpose?

There are no known restrictions in this proposal for the payment of the USCIS fees by a third party. We cannot address what type of funds can be used.

What are the rules for transferring in/out of KU?

The proposed rule indicates that graduate students will not be allowed to transfer their SEVIS record to another university. 

Undergraduate students must complete an academic year (two full academic semesters excluding summer term) before being eligible to transfer their SEVIS record to another institution.

What impact will this proposed rule have on my Form I-20/DS-2019, visa, or passport?

It does not seem like the proposed rule will impact which degree programs students are able to get admitted into, nor the original length of the Form I-20/DS-2019. It will not impact visa validity, nor the validity of your passport. The impact will be on the I-94 record.

Can a student change their educational objectives after they come to KU? For example, add a second major, minor, certificate.

It seems like undergraduate students will be able to change their major or minor after completing one academic year of study. It does not seem like graduate students will be able to change their educational objective once they begin their program.

If a student cannot complete their degree in 4 years, can they complete their degree abroad?

There will be a process that the student will be able to submit an extension of stay application to the US government to request more time to complete their degree. As to whether you can complete the degree abroad, this is beyond the scope of the proposed rule. If a student wishes to complete their degree abroad, they need to work with their academic department.

Will I be able to complete one degree and start a second degree?

It seems like it will depend on the first degree you will complete. If you complete an undergraduate degree, it may be possible to pursue a graduate degree. Matriculating from the undergraduate degree level to the new graduate degree will require an extension of stay application to be submitted. 

While in the current degree graduate students cannot change their educational objective, so it seems like graduate students can not start a second graduate degree while in the original degree. If you complete a graduate degree program, it may be possible to start a new graduate degree program at a higher level (i.e. masters to a doctorate). Most likely this will require an extension of stay application to be submitted. 

I am currently a Master student at KU but I think I might also want to get a different master’s degree (ex. MBA) at some point in my career. How will this rule impact that process?

Under this proposed rule it does not seem like it would be possible to start the second graduate degree because of the restriction on lateral matriculation, however, if a student is admitted to a joint degree, then they will be issued a document to pursue both degrees at the same time. With a joint degree there is no change to the program if they are admitted into that joint degree program. 

Can a student complete another bachelor, MA, PhD if they already completed one back at their home country?

The proposed rule does not address prior degrees earned outside the United States. The current regulations require that students need to satisfy admission criteria that the university has in place, so we don’t expect the proposed rule to impact admissions decision making.

Some individuals submitted their questions/statements about their concerns about the proposed rule impacting student populations.

If you have concerns then we would recommend that you submit a comment about the proposed rule while the commenting period is still open.