The U.S. Department of Homeland Security (DHS) is advancing a rule that could eliminate the decades-old “duration of status” policy, which currently allows certain visa holders to remain in the country for the entire length of their academic or professional program.
Cleared by the White House’s Office of Management and Budget, the proposal would replace open-ended stays with fixed visa periods, potentially two or four years in length. The plan will be published in the Federal Register for public comment.
Under existing rules, holders of F (student), J (exchange visitor), and I (foreign media) visas can stay as long as their programs last, even if timelines shift, without a set departure date. A similar Trump-era plan in 2020 was dropped following multiple lawsuits. Critics say the new system could cause unnecessary disruptions, forcing visa holders to apply for costly and time-consuming extensions. Supporters argue it would improve oversight and curb system abuse.
An important legal change would be that missing a fixed departure date could trigger “unlawful presence” penalties, which can result in long-term bans from re-entering the United States.
If adopted, the rule could impact journalists covering rapidly evolving events, as well as researchers whose projects require flexible timelines. Once the public comment period (30–60 days) ends, DHS will review submissions, make adjustments, and issue a final implementation schedule.
