The U.S. Department of Homeland Security has proposed setting fixed visa durations for students, exchange visitors, and foreign journalists.
The U.S. Department of Homeland Security (DHS) has announced a proposal that could end the long-standing “duration of status” policy for certain visa holders, including international students, exchange visitors, and foreign media representatives.
Currently, holders of F (student), J (exchange visitor), and I (foreign media) visas may stay in the United States for the full length of their approved academic or professional programs without a fixed departure date on their I-94 arrival records. This policy offers flexibility when program durations change or extend unexpectedly.
The new rule aims to replace this open-ended system with fixed visa terms, potentially lasting two or four years, similar to a plan introduced in 2020 under the Trump administration. Visa holders requiring more time would need to apply for extensions a process often criticized for being costly and time-consuming.
Proponents argue that fixed visa durations could enhance oversight and reduce abuse of the visa system. However, critics warn it could create obstacles for students, researchers, and journalists whose schedules are often unpredictable.
Legal experts note that the current policy prevents accumulation of “unlawful presence” unless officially determined by immigration authorities. A shift to fixed departure dates could increase the risk of harsher penalties for overstaying, even unintentionally.
This proposal will soon be published in the Federal Register, opening a 30- to 60-day public comment period. DHS will review the feedback before finalizing the rule and setting an implementation timeline.
