What the proposed rule to eliminate Duration of Status means for J-1 exchange programs

On August  28, the U.S. Department of Homeland Security (DHS) published a notice of proposed rulemaking (NPRM) that would replace the current “duration of status” (D/S) admission for J-1 exchange visitors, F-1 students, and I media representatives with a fixed period of admission. 

Here’s what to know about the NPRM and its implications for J-1 exchange programs, F-1 international students, and short-term English language programs. 

How It Currently Works 

For more than 30 years, the Duration of Status policy has allowed J-1 and F-1 visa holders to stay in the U.S. as long as they continue to make normal progress in their programs or studies and, for J-1s, remain within the maximum program lengths set by Department of State regulations. 

What Would Change 

Under the new proposal, admission to the U.S. would be limited to the end date on a DS-2019 (or I-20) form, with a maximum stay of four years. This does not include pre- and post-program grace periods, which allow participants to arrive up to 30 days before their program start date and remain up to 30 days after the program end date to prepare for departure.  

Additionally, program sponsor organizations and universities would no longer have control over the extension process. Rather, exchange visitors and international students who need to extend their programs, at any time and for any length, would have to file a formal Extension of Stay (EOS) request with U.S. Citizenship and Immigration Services (USCIS), at a current cost of $420.  

The Rationale 

According to a Department of Homeland Security press release on the proposed rule, moving to fixed dates improves “visibility and integrity” of F/J/I programs and addresses visa overstays, fraud and national security concerns. It’s important to note that this is not the first time these claims have been put forward: a version of this rule was first proposed by DHS during the first Trump Administration in 2020. 

Why It Matters... 

So why do these changes matter and how do they impact exchange participants, international students, and the American institutions that support them?  

... for J-1 exchange programs 

For J-1 exchange programs, the most significant problem is the requirement that all extensions, regardless of length, must go through the USCIS EOS process. Even if the total possible program length is under four years, any extension will need to go through this new process. For example: 

• A Teacher extending from year 3 to year 4 (or 5) would need to apply for an EOS.  

• An Au Pair extending from the first to the second year would need to apply.  

• A Summer Work Travel (SWT) or Camp Counselor participant seeking even a two-week extension would need to apply.  

Participants whose full program duration is under four years, and who do not need an extension, will not be affected. However, any extension request would require this new additional process.  

The proposed rule also increases the administrative and financial burden on American sponsors and hosts, who would need to track I-94 end dates and manage EOS filings for participants who extend beyond their initial admission.  

... for F-1 international students 

If D/S is eliminated, students and exchange visitors will need to file for an extension with USCIS to: 

• Complete a PhD program; 

• Complete an undergraduate program that requires more time than four years; 

• Complete any program where a student falls a few credits short of graduation requirements; 

• Engage in post-completion practical training or academic training, 

• Move to a higher level of study; 

• Transition from an English language program into a degree program; or 

• Transfer to a new school or program sponsor. 

Learn more about the implications for international students in NAFSA’s Duration of Status Explainer. 

... for English Language Programs 

D/S provides the flexibility students need to achieve their English proficiency goals based on the language levels they begin with and their own objectives. According to EnglishUSA, the changes in the proposed rule would create barriers for English language training students, impose costly bureaucratic burdens on programs and students, and accelerate the United States' loss of international education market share to competitor countries (especially the global English language training (ELT) market). 

The Alliance encourages all of its members and exchange organizations to submit a comment by the deadline of September 29. We will be providing resources for our members in the near future to assist with your comment letters.