The Fundamental Shift: End of Duration of Status
The proposed regulation represents the most significant change to student and exchange visitor immigration in over 40 years. As stated in the preamble:
"DHS proposes to amend its regulations by changing the admission period in the F, J, and I classifications from duration of status to an admission for a fixed time period." (Page 1)
This ends a system in place since 1978-1985, replacing the flexible "D/S" notation on Form I-94 with specific expiration dates for all three classifications.
F-1 ACADEMIC STUDENT CHANGES
Fixed Admission Periods and Time Limits
Core Change:
"An F-1 student is admitted for a fixed period of time, which is the period necessary to complete the course of study indicated on the Form I-20, or successor form, not to exceed a period of 4 years" (Proposed 8 CFR 214.2(f)(5)(i))
English Language Training Period of Stay Restriction:
"F-1 students whose course of study is in an English language training program are restricted to a maximum of 24 months admission period, plus an additional 30-day period of stay for the purposes of departure" (Proposed 8 CFR 214.2(f)(5)(i)(A))
DHS found cases of students in English programs for over 20 years, with one student enrolled in English training programs at nine different schools since 2003.
Public High School Period of Stay Clarification:
"F-1 students attending a public high school are restricted to an aggregate of no more than 12 months to complete their course of study, including any school breaks and annual vacations." (Proposed 8 CFR 214.2(f)(5)(i)(C))
Departure Period Reduction
Significant Change:
"An F-1 student who has completed a course of study and any authorized practical training will be allowed an additional 30-day period...to prepare for departure from the United States" (Proposed 8 CFR 214.2(f)(5)(v))
Current Rule: 60 days
New Rule: 30 days
DHS questions why F students need twice as long as J and M students, noting that some nonimmigrants with years-long programs receive only 10 days for departure.
Dramatic Educational Restrictions
First Academic Year Transfer Prohibition:
"An F-1 student at any level below the graduate degree level may not change programs or educational objectives, i.e. programs, majors, or educational levels, within the first academic year of a program of study, unless an exception is authorized by SEVP" (Proposed 8 CFR 214.2(f)(5)(ii)(A))
Government's Justification: DHS found over 13,000 F-1 students who transferred before the start of classes or within their first term since 2020, including over 4,400 students transferring from higher education to English language programs within their first term. DHS argues students use admission letters from well-known schools to increase their visa approval odds, then immediately transfer upon arrival. The preamble notes "egregious examples" of students who apply to 4-year universities requiring English proficiency, obtain visas based on that declared intention, then transfer to English language programs. More concerning, DHS cites cases where students declared intentions to study humanities but transferred into sensitive programs like nuclear science, with some later arrested for espionage.
Graduate Student Change Prohibition:
"An F-1 student at the graduate degree level or above may not change programs at any point during a program of study." (Proposed 8 CFR 214.2(f)(5)(ii)(A))
Government's Justification: DHS argues that graduate students should be more focused and committed to their chosen field than undergraduates, and that program changes at this level indicate a lack of genuine academic purpose rather than legitimate academic evolution.
Lateral/Downward Movement Prohibition:
"An alien who has completed a program in the United States as an F-1 nonimmigrant at one educational level may not maintain, be admitted, or otherwise be provided F-1 status through a program at the same educational level or a lower educational level." (Proposed 8 CFR 214.2(f)(5)(ii)(C))
Government's Justification: DHS identified nearly 77,000 F-1 students who have spent more than 10 years in student status since SEVIS was implemented in 2003, including individuals who enrolled in programs at the same educational level as many as 19 times, as well as students who completed graduate programs and then enrolled in undergraduate programs, including associate's degrees. DHS argues that "the traditional path of study typically progresses from a lower educational program to a higher one" and that repeated changes to programs either within the same educational level or to move to a lower level "are not consistent with attainment of such an educational or professional objective."
School Transfer Restrictions - First Academic Year Lock-in: The proposed regulation creates a comprehensive set of requirements for school transfers, including a critical new restriction:
"An F-1 student may change educational objectives or transfer to SEVP-certified schools if he or she is maintaining status...An F-1 student changing educational objectives or transferring to an SEVP-certified school also must meet the following requirements:... (D) Unless an exception has been authorized by SEVP, the student has completed his or her academic year of a program of study at the school that initially issued his or her Form I-20 or successor form" (Proposed 8 CFR 214.2(f)(8)(i) and (D))
Additional Transfer Requirements:
"(A) The student is currently maintaining status; (B) To be eligible to transfer, the student must: (1) Have been pursuing a full course of study... (C) The student is not currently in a graduate level program of study; (E) The student has not been placed on academic probation or school suspension; (F) The student does not have a pattern of behavior demonstrating a repeated inability or unwillingness to complete his or her course of study" (Proposed 8 CFR 214.2(f)(8)(i))
Government's Justification: DHS found over 13,000 F-1 students who transferred before the start of classes or within their first term since 2020, including over 4,400 students transferring from higher education to English language programs within their first term. The preamble states these transfers "are often promoted by third-party recruiters and other for-profit entities to allow aliens to use the student visa process to mask their intent in the United States or circumvent F-1 restrictions." DHS also notes that "school officials are often burdened with the administrative costs of processing SEVIS transfer requests from F-1 students who misrepresented their intentions of studying at their institution."
Context: This "first academic year lock-in" prevents students from using prestigious schools to obtain visas and then immediately transferring to their intended institution. DHS found over 13,000 F-1 students who transferred before the start of classes or within their first term since 2020, including over 4,400 students transferring from higher education to English language programs within their first term.
These changes target "professional students" and "visa shopping." DHS identified nearly 77,000 F-1 students who have spent more than 10 years in student status, including individuals who enrolled in programs at the same educational level as many as 19 times.
New Extension of Stay Process
USCIS Application Required:
"USCIS may grant an extension of stay to an F-1 student who has maintained his or her F-1 status, but who is unable to complete his or her program by the end of his or her authorized period of admission" (Proposed 8 CFR 214.2(f)(7)(i))
Limited Acceptable Reasons:
"(i) A compelling academic reason, such as a change of major or research topic or unexpected research problems... (ii) A documented illness or medical condition...supported by medical documentation from a licensed medical doctor... (iii) Circumstances beyond the student's control, including a natural disaster, national health crisis, or the closure of an institution." (Proposed 8 CFR 214.2(f)(7)(i)(C))
Prohibited Reasons:
"Delays including, but not limited to, those caused by academic probation or suspension or a student's repeated inability or unwillingness to complete his or her course of study are not acceptable reasons for an extension" (Proposed 8 CFR 214.2(f)(7)(i)(C)(1))
Financial Evidence Required:
"An F-1 student must file an extension of stay application...including...submitting evidence of sufficient funds to cover expenses" (Proposed 8 CFR 214.2(f)(7)(iii)(A))
Students must now prove financial capacity at each extension, similar to initial visa applications.
Employment Authorization Changes
Limited Automatic Extensions:
"Any F-1 student's current on-campus, curricular practical training (CPT), and severe economic hardship authorized employment is automatically extended during the pendency of the extension of stay application, but such automatic extension may not exceed 240 days" (Proposed 8 CFR 214.2(f)(5)(viii))
Post-Completion OPT Changes:
"Unless described in section 214.1(m)(1)(i), an F-1 student recommended for post-completion OPT must apply for an extension of stay and employment authorization and may not engage in post-completion OPT unless such employment authorization is granted." (Proposed 8 CFR 214.2(f)(10)(ii)(D))
Critical OPT Work Authorization Gap
The Problem: The proposed regulation creates a significant work authorization gap for OPT students whose I-94 status expires while their Form I-539 extension of stay application is pending, even if they possess valid Employment Authorization Documents (EADs).
Regulatory Analysis:
The automatic employment extension provision states:
"An F-1 student whose status as indicated on the Arrival-Departure Record, Form I-94, or successor form has expired will be considered to be in a period of authorized stay if he or she has timely filed an extension of stay application pursuant to paragraph (f)(7) of this section until USCIS issues a decision on the extension of stay application. Subject to paragraphs (f)(9)(i), (f)(9)(ii) and (f)(10)(i) of this section and 8 CFR 274a.12(b)(6)(i) and (iii) and 8 CFR 274a.12(c)(3)(iii), any F-1 student's current on-campus, curricular practical training (CPT), and severe economic hardship authorized employment is automatically extended during the pendency of the extension of stay application, but such automatic extension may not exceed 240 days" (Proposed 8 CFR 214.2(f)(5)(viii))
Critical Omission: OPT is conspicuously absent from this list. The provision specifically enumerates:
- On-campus employment (8 CFR 274a.12(b)(6)(i))
- CPT (8 CFR 274a.12(b)(6)(iii))
- Severe economic hardship employment (8 CFR 274a.12(c)(3)(iii))
But omits 8 CFR 274a.12(b)(6)(iv), which governs post-completion OPT.
Limited Protections Available:
- STEM OPT 180-Day Extension (Existing Rule):
"F-1 nonimmigrants who file for employment authorization for STEM OPT would remain eligible for the 180-day extension of their post-completion OPT EAD while their application for STEM OPT is pending pursuant to 8 CFR 274a.12(b)(6)(iv)." (Proposed 8 CFR 214.1(m)(1)(i))
- Transition Period Exception (Temporary):
"an F-1 student recommended for post-completion OPT who files before his or her period of admission expires...an Application for Employment Authorization, Form I-765, or successor form...on or before [6 months after effective date], is not required to file an Application to Extend/Change Nonimmigrant Status, Form I-539, or successor form for the requested period of post-completion OPT." (Proposed 8 CFR 214.1(m)(1)(i))
- Narrow EAD/I-94 Mismatch Protection:
"Students with pending employment authorization applications who are admitted based on the designated school official's recommended employment end date for post-completion OPT or STEM OPT specified on their Form I-20...who cease employment pursuant to an employment authorization document (EAD) that expires before the alien's fixed date of admission as noted on their Arrival-Departure Record, Form I-94...will be considered to be in the United States in a period of authorized stay from the date of the expiration noted on their EAD until the fixed date of admission as noted on their I-94" (Proposed 8 CFR 214.2(f)(5)(i)(D))
The Gap: After the 6-month transition period expires, regular OPT students (non-STEM) whose I-94 status expires while their I-539 extension is pending would face potential work authorization interruptions, even with valid EADs, because OPT authorization derives from F-1 status and the automatic employment extension provision excludes OPT from its scope.
Additionally, if a student cannot maintain OPT status, they are ineligible for a STEM OPT extension.
J-1 EXCHANGE VISITOR CHANGES
Fixed Admission Periods
Core Change:
"A J-1 exchange visitor may be admitted for the duration of the exchange visitor program, as stated by the program end date noted on Form DS-2019 or successor form, not to exceed a period of 4 years." (Proposed 8 CFR 214.2(j)(1)(ii)(A))
This affects all J-1 categories, including those that previously could have longer programs (professors and research scholars up to 5 years, alien physicians up to 7 years).
Extension of Stay Requirements
USCIS Application Required:
"An alien in J-1 status seeking to extend his or her stay beyond the currently authorized period of admission must apply for an extension of stay, including if a sponsor issues a Form DS-2019 or successor form extending an alien's program end date for any reason" (Proposed 8 CFR 214.2(j)(1)(iv))
Even when sponsors extend programs through DOS, J-1s must still apply to USCIS for extension of stay.
Employment Authorization Continuation
Automatic Extension During Pending Applications:
"An alien whose J-1 status, as indicated on the alien's Arrival/Departure Record, Form I-94, has expired but who has timely filed an extension of stay application is authorized to continue engaging in activities consistent with pursuing the terms and conditions of the alien's program objectives and including authorized training, beginning on the day after the admission period expires, for a period of up to 240 days" (Proposed 8 CFR 214.2(j)(1)(vii)(A))
Enhanced Transition Period:
"An alien whose J-1 status...has expired but who has timely filed an extension of stay application on or before [6 months after effective date], is authorized to continue engaging in activities consistent with pursuing the terms and conditions of the alien's program objectives, including authorized training and activities pursuant to a new or transferred program, while the extension of stay application is pending with USCIS, not to exceed the program end date on the Form DS-2019" (Proposed 8 CFR 214.2(j)(1)(vii)(A))
J-2 Dependent Restrictions
Employment Authorization Limits:
"the J-2 employment authorization dates may not exceed the J-1 principal alien's authorized stay as indicated on Form I-94" (Proposed 8 CFR 214.2(j)(1)(v))
Income Restrictions Retained:
"Employment will not be authorized if this income is needed to support the J-1 principal exchange visitor." (Proposed 8 CFR 214.2(j)(1)(v))
SEVIS Reporting Updates
Address Change Timeline:
"A J-1 exchange visitor must inform DHS and the responsible officer of the exchange visitor program of any legal changes to his or her name or of any change of address within 10 calendar days of the change...who in turn shall enter the information in SEVIS within 10 business days of notification by the exchange visitor" (Proposed 8 CFR 214.2(j)(1)(ix))
I FOREIGN MEDIA REPRESENTATIVE CHANGES
Codified Definition
New Definition:
"A foreign information media organization is an organization engaged in the regular gathering, production or dissemination via print, radio, television, internet distribution, or other media, of journalistic information and has a home office in a foreign country." (Proposed 8 CFR 214.2(i)(1))
This addresses modern media including bloggers and digital content creators while emphasizing "journalistic information" rather than entertainment content.
Fixed Admission Periods
General Rule:
"Generally, aliens seeking admission in I nonimmigrant status may be admitted for a period of time necessary to complete the planned activities or assignments consistent with the I classification, not to exceed 240 days" (Proposed 8 CFR 214.2(i)(3)(i))
Special Rule for PRC Nationals:
"An alien who presents a passport from the People's Republic of China (with the exception of Hong Kong Special Administrative Region passport holders and Macau Special Administrative Region passport holders), may be admitted until the activities or assignments consistent with the I classification are completed, not to exceed 90 days." (Proposed 8 CFR 214.2(i)(3)(ii))
Enhanced Evidence Requirements
Documentation Required:
"Aliens applying for I nonimmigrant status must: (i) Demonstrate that the foreign media organization that the alien represents has a home office in a foreign country, and that the home office will continue to operate in the foreign country while the alien is in the United States; and (ii) Provide a letter from the employing foreign media organization or, if self-employed or freelancing, an attestation from the alien, that verifies the employment, establishes that the alien is a representative of that media organization, and describes the remuneration and work to be performed." (Proposed 8 CFR 214.2(i)(2))
Complex Extension Procedures
Multiple Extension Process:
"If an extension of stay application remains pending at the end of this 240-day period, the I nonimmigrant alien, whose status has expired, may remain in the United States so long as the extension of stay application is pending, he or she has timely filed a subsequent extension of stay request to remain beyond the period requested in the preceding request, and he or she does not otherwise violate the terms of his or her authorized period of stay. The alien, however, must cease working until his or her initial extension of stay application is approved." (Proposed 8 CFR 214.2(i)(5)(i)(C))
GENERAL ADMISSION AND PROCEDURAL CHANGES
Re-entry Procedures
Complex Re-admission Rules: The regulation creates multiple pathways for re-admission depending on whether extensions are pending and whether previous stays have expired:
"Aliens seeking admission to the United States as an F nonimmigrant with a properly filed pending application for extension of stay as an F nonimmigrant may, if they have time remaining on the period of stay authorized prior to departure, be admitted for a period up to the unexpired period of stay authorized prior to the alien's departure, plus an additional 30 days" (Proposed 8 CFR 214.1(a)(4)(i)(B))
Biometric Collection Requirements
Universal Biometric Requirement:
"Any other nonimmigrant who seeks to extend his or her stay beyond the currently authorized period of admission must apply for an extension of stay by filing an extension request...including the submission of any biometrics required by 8 CFR 103.16" (Proposed 8 CFR 214.1(c)(2))
Discretionary Admission Language
"Shall" Becomes "May":
"The inspecting immigration officer may admit, up to the unexpired period of stay authorized prior to the alien's departure, any nonimmigrant alien whose nonimmigrant visa validity is considered automatically extended pursuant to 22 CFR 41.112(d)" (Proposed 8 CFR 214.1(b)(1))
This makes admission discretionary rather than mandatory for automatic visa revalidation cases.
Change of Status Abandonment
Codified Abandonment Rule:
"If an alien timely files an application to change to another nonimmigrant status but departs the United States while the application is pending, USCIS will consider the change of status application abandoned." (Proposed 8 CFR 248.1(f))
This codifies long-standing practice that was previously only policy.
TRANSITION PROVISIONS
Automatic Transition for Current F and J Nonimmigrants
No Initial Application Required:
"Aliens with F or J status who are properly maintaining their status on [effective date] and who were admitted for duration of status are authorized to remain in the United States in F or J nonimmigrant status until the later date of either the expiration date on an Employment Authorization Document, Form I-766, or successor form or the program end date noted on their Form I-20 or Form DS-2019, as applicable, not to exceed a period of 4 years from [effective date], plus the departure period of 60 days for F nonimmigrants...and 30 days for J nonimmigrants" (Proposed 8 CFR 214.1(m)(1))
Special OPT Transition Rules
Limited Extension Exception:
"an F-1 student recommended for post-completion OPT who files before his or her period of admission expires...an Application for Employment Authorization, Form I-765, or successor form...on or before [6 months after effective date], is not required to file an Application to Extend/Change Nonimmigrant Status, Form I-539, or successor form for the requested period of post-completion OPT." (Proposed 8 CFR 214.1(m)(1)(i))
I Nonimmigrant Transition
240-Day Automatic Extension:
"Aliens in I nonimmigrant status who are properly maintaining their status on [effective date] and who were admitted for duration of status are authorized to remain in the United States in I nonimmigrant status for a period necessary to complete their activity, not to exceed [240 days from effective date]" (Proposed 8 CFR 214.1(m)(3))
Exception for PRC Nationals:
"with the exception of aliens in I nonimmigrant status presenting with passports described in 8 CFR 214.2(i)(3)(ii), who are authorized to remain in the United States in I nonimmigrant status for a period necessary to complete their activity, not to exceed [150 days from effective date]" (Proposed 8 CFR 214.1(m)(3))
IMPLEMENTATION FLEXIBILITY
Delayed Implementation Authority
SEVP Discretion:
"DHS may delay or suspend the implementation of paragraphs (f)(5)(ii)(A) through (C) of this section, in its discretion, if it determines that implementation is infeasible for any reason." (Proposed 8 CFR 214.2(f)(5)(ii)(E))
Extension Authority:
"DHS reserves the discretion to extend the period exempting the filing of the Application to Extend/Change Nonimmigrant Status, Form I-539, or successor form beyond [6 months after effective date], in 6 month increments through announcement in the Federal Register." (Proposed 8 CFR 214.1(m)(1)(ii))
Severability Provisions
The regulation includes multiple severability clauses ensuring that if any provision is struck down, the rest can still take effect (8 CFR 214.1(m)(4), 214.2(f)(20), 214.2(i)(8), 214.2(j)(6)).
ESTIMATED COSTS AND IMPACTS
Significant Financial Impact:
"Over a 10-year period of analysis, DHS estimates the proposed rule would have annualized costs ranging from $390.3 million to $392.4 million (using 3 and 7 percent discount rates, respectively) when considering both U.S. and non-U.S. parties." (Page 83)
U.S. Parties Only:
"When considering U.S. parties only, annualized costs range from $86.3 million to $88.1 million (using 3 and 7 percent discount rates, respectively)." (Page 83)
These costs primarily reflect extension of stay application fees ($470 per Form I-539) and administrative burdens on schools and sponsors.
Affected Population: Approximately 2.1 million persons participate annually in F, J, and I programs combined, with an estimated 205,000 F, 203,000 J, and 6,000 I extension of stay requests anticipated annually.
TIMELINE
The rule provides for a 30-day comment period starting August 28, 2025, with implementation 60 days after the final rule is published. This represents the most comprehensive overhaul of student and exchange visitor immigration law in decades, fundamentally altering how these populations maintain status in the United States and significantly increasing both costs and compliance burdens.