DHS Seeks to Replace D/S with a Fixed Expiration Date

in Immigration Actions Trump 2.0
September 29th, 2025

Update: USCIS received more than 34,800 public comments to this proposed rule in advance of the deadline of September 29, 2025. Please see the official comment letter from Boston University signed by both President Giliam and Provost Waters in opposition to the proposed rule changes. Several university offices will continue to monitor the progress of this proposed rule and update the community.

BU Comment Letter

The US Department of Homeland Security published proposed changes to regulations in the Federal Register today that would impact all F-1 student and J-1 exchange visitor categories. The proposal entitled: 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 seeks to replace the “duration of status” (D/S) expiration with a specific end date and to require F-1 students and J-1 exchange visitors (which includes both students and scholars) to apply to DHS for periodic extensions to remain in the US.

Currently, F-1 students and J-1 exchange visitors are granted a status expiration of “duration of status” (D/S) which was implemented in the early 1990s to allow F-1 and J-1 students and scholars flexibility to extend time needed in the US for scholarly pursuits. Students and exchange visitors currently work with their sponsoring school or program to extend the length of their SEVIS record and corresponding I-20 or DS-2019 in accordance with complex regulations when they need additional time to complete educational objectives.

Under the proposed rule, individuals entering the US in either F or J status (including F-2 and J-2 dependent family members) would be admitted only until the program end date noted in their Form I-20 or DS-2019, not to exceed 4 years, plus a period of 30 days following their program end date instead of D/S.  The proposed rule places limitations on reasons for extensions and requires F students and J exchange visitors who need time beyond their initial 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) to timely submit a complete a extension of stay (EOS) application to USCIS before their prior admission expires for DHS review and adjudication. Other sections of the proposed rule include:

  • a reduction of the 60-day grace period after program completion to 30 days
  • limits to ESL study to an aggregate of 24 months
  • restrictions on changing academic objectives including:
    • when a student might be eligible to transferring to new school
    • when or if a student can change to a new program of study
  • prohibitions on lateral and reverse matriculation
  • new eligibility requirements for extensions of stay (EOS) to be adjudicated by USDHS
  • a plan for how records would transition for current students when rule becomes effective
  • the accrual of unlawful presence if a student or scholar remains in the US after the grace period without taking corrective action
  • changes to USDHS I-765 and I-539 application forms involved in the EOS and OPT application process
  • changes to the I-20 and DS-2019 forms
  • similar restrictions of I visas for members of the international media

The proposed rule will accept public comments for:

  • a 30-day period until September 29, 2025 for interested parties to submit comments about the rule and,
  • a 60-day period until October 27, 2025 for interested parties to submit comments on required form changes to collect new information including SEVIS Forms I-17 and I-20 and USCIS Forms I-539 and I-765.

DHS will then review comments submitted as part of the federal rule-making process. It is too soon to know if/when any changes might go into effect as the federal rule-making process can be unpredictable, proposed changes could be subject to litigation and, it will take time for federal forms and systems to be updated to support such significant proposed changes. The ISSO will be working with a number of offices on campus to review the proposal and prepare official comments on behalf of the institution and will continue to update the community in the coming weeks. Please contact the ISSO should you have specific questions.