DHS Rule Explained: Ending D/S Flexibility for F-1 Students?
In August 2025, the Department of Homeland Security (DHS) released a proposed immigration policy in the U.S. that could change how international student visas are managed across the U.S. higher education system. If finalized, this rule would eliminate the long-standing “Duration of Status” (D/S) policy and replace it with fixed dates of stay for F, J, and I visa holders.
Here’s a breakdown of what the current D/S system allows, what the proposed rule would change, who may be affected, and what you can do during the public comment period!
The Current D/S System vs. The Proposed Fixed Time Rule
Let’s start by comparing how the current “Duration of Status” (D/S) system works versus the fixed time period of admission proposed by DHS. Then, we’ll take a closer look at what each rule means in practice, especially for international students on F-1 visas.
For decades, the D/S policy has provided students with flexibility to complete their studies, extend programs, or transfer schools without worrying about fixed expiration dates on their I-94. But under the new proposal, students would face stricter deadlines, added paperwork, and tighter rules around transfers, second degrees, and grace periods after graduation.
| Policy Area | Current: Duration of Status (D/S) | Proposed: Fixed Time Period of Admission |
|---|---|---|
| I-94 Expiration | No expiration date – marked as “D/S” | Specific end date listed on I-94 (max 4 years for F/J, shorter for I visas) |
| Status Validity | Based on SEVIS activity and full-time enrollment | Tied to fixed admission date; must apply for EOS before expiration |
| OPT/STEM OPT Timing | OPT can be filed anytime before 60-day grace period ends | OPT must be filed within I-94 validity or EOS must be filed |
| Grace Period After Graduation | F-1: 60 days J-1: 30 days | F-1: 30 days (same as J-1) |
| Transfer / Change of Major | Allowed anytime if maintaining SEVIS status | F-1 undergrads: Must complete 1 year before transfer Master’s: No program changes allowed |
| Pursuing Second Degree | Allowed (e.g., second Master’s) | Not allowed at same/lower level (e.g., second Master’s) |
| Language School Limits | No formal time cap | Max 24 months (includes breaks) |
| Extension of Stay (EOS) | Not required unless out-of-status | Required if I-94 expiring; must file I-539, pay $470, attend biometrics |
| Program Changes | Flexible – students can change major or transfer | Changes may require EOS + justification |
| Mastering out of PhD | Allowed (exit with Master’s) | Not allowed |
What Is the Duration of Status (D/S)?
“Duration of Status” (D/S) is a flexible admission system for non-immigrant visa holders in the F, J, and I categories. Instead of assigning a specific end date to a student’s stay, the U.S. government allows them to remain legally in the country as long as they maintain the conditions of their visa.
For F-1 students, D/S covers:
– The full program duration is listed on the I-20
– Any authorized OPT or STEM OPT extension
– A 60-day grace period after graduation
For J-1 exchange visitors:
– D/S includes the duration of the DS-2019 program
– Plus a 30-day grace period after completion
For I visa holders (foreign media representatives):
– D/S covers the period necessary to perform journalistic duties for a foreign outlet
Why is D/S important?
– There’s no fixed I-94 expiration date to track
– Students don’t need to reapply for extensions as long as they stay in valid SEVIS status
– It simplifies transitions between degrees, training programs, or schools
– Grace periods allow time to prepare for OPT, a new program, or departure
💡In short, D/S gives students more flexibility and protection throughout their academic experience, especially during unexpected delays or program changes.
What Is DHS Rule Proposing to Change in 2025?
Source: Homeland Security – Study in the States – DHS Posts Notice of Proposed Rulemaking Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for F and J Nonimmigrants
The proposed DHS rule would eliminate the D/S system for F, J, and I visa holders and replace it with fixed expiration dates on I-94 records. Here are the key proposed changes:
1. Fixed Admission Period
– F-1 and J-1 students would be admitted for a maximum of 4 years or until their I-20/DS-2019 ends, whichever is shorter.
– I visa holders (media): Maximum stay of 240 days (90 days for Chinese citizens)
2. Extension of Stay (EOS) Required
– Students whose I-94 is expiring must apply for an EOS using Form I-539
– Cost: $470 plus biometrics
– Certain reasons, such as academic probation or poor performance, may not be accepted
– If filed on time, students may remain in the U.S. up to 240 days while waiting for a decision
3. Tighter Academic Controls
– No second degrees at the same or lower level (e.g., second Master’s not allowed)
– No mid-program changes for Master’s students
– Undergrads must study one full year before transferring or switching majors
– No “Mastering out” of PhD programs
4. Shortened Grace Period
– F-1 post-completion grace period reduced from 60 days to 30 days (same as J-1)
5. OPT / STEM OPT Timeline Impact
– OPT/STEM OPT must be filed before the I-94 expires
– Filing within 6 months of the program’s end date may automatically extend status; no separate EOS needed
– Late OPT filers may need to submit both OPT and EOS
💡 If D/S is removed, your F-1 status will no longer be flexible. Instead, it will come with a specific end date, meaning your OPT/STEM OPT timeline must match your authorized stay (EOS) exactly.
6. Language School Limitation
– Language study is limited to a maximum of 24 months, including breaks
Will the New DHS Rule Actually Take Effect?
Current Status: Public Comment Period (Sep 2025)
This is still a proposed rule. Nothing has changed yet. The Department of Homeland Security (DHS) is collecting public comments before deciding whether to finalize, revise, or withdraw this rule.
💡That means:
– The D/S system is still valid as of now.
– You do not need to take any immediate legal action, but you should stay informed and consider submitting a public comment!
What’s the Rulemaking Process?
This proposed rule must go through a formal process before it can take effect:
| Stage | Timeline |
|---|---|
| DHS publishes proposed rule | August 28, 2025 |
| Public comment period |
Ends September 29, 2025 (general comments) Ends October 27, 2025 (paperwork-specific comments) |
| DHS reviews and responds to comments | Late 2025 to mid-2026 |
| Final rule published (if approved) | Estimated: mid-to-late 2026 |
| Effective date | Typically 30–60 days after final publication |
✨Important Notes on the Process:
– Anyone can submit a public comment through regulations.gov by searching for Docket ID: ICEB-2025-0001.
– DHS is legally required to review and respond to all substantive feedback.
– After reviewing comments, DHS may revise the proposal before submitting the final version to OIRA (Office of Information and Regulatory Affairs) for final clearance.
– Only after that will a Final Rule be published, with a clearly stated effective date.
Until the Final Rule takes effect, the current D/S system remains fully valid and enforceable. Students currently under D/S are still protected by the original flexibility; there is no change yet!
Why the Public Comment Stage Matters?
In 2020, the Trump administration proposed a similar rule to eliminate D/S, but it was successfully withdrawn in early 2021 due to massive public opposition.
Historical Timeline: What Happened in 2020?
– September 24, 2020 – The Trump administration released a proposed rule to replace D/S with fixed admission dates.
– October 2020 – During the 30-day public comment period, DHS received tens of thousands of comments from students, universities, legal experts, and education groups.
– February 2021 – The newly elected Biden administration officially withdrew the proposal before it could take effect.
✨ Your voice matters in this process. If DHS receives enough substantive feedback, especially with real examples of student hardship or institutional burden, the final DHS rule may be delayed, softened, or reversed!
How International Students Can Respond to the Proposed DHS Rule?
Here’s what you can do to help protect the rights of international students and ensure your future in the U.S. stays on track.
Submit a Public Comment Before September 29, 2025
⏰ Comment Period Ends: Sep 29, 2025 at 11:59 PM EDT The Department of Homeland Security (DHS) is accepting public comments on this rule until September 29, 2025. This is your opportunity to explain how the proposed changes could affect your studies, your immigration status, or your future in the U.S. Your comment does not need to be long or technical. In fact, real stories from real students often have the strongest impact.
💡You can search by the title or click the above attached link: “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Students, Exchange Visitors, and Representatives of Foreign Information Media.” Then click “Comment” on the bottom right.
Source: Regulations.gov – Proposed Rule Docket Documents
What to Include in Your Comment?
DHS is required by law to review and respond to all substantive feedback. That means your comment should go other than just “I disagree.” Instead, try to include:
– How the fixed admission date rule would affect your personal study plan, legal status, or ability to work
– Any risks to your academic progress, research goals, or mental health
– Potential burdens on your university (extra advising, paperwork, confusion over I-94 expiration, etc.)
– Why the Duration of Status (D/S) system works well and doesn’t compromise immigration enforcement
– Suggestions (if any) for less restrictive alternatives You can submit it anonymously. You’re not required to include your full name or personal information when submitting a public comment. On the comment page, you’ll see a section like this:
– No login is required
– You can leave the Email Address field blank
– You may choose to attach supporting files (PDF, DOCX, etc.), but it’s completely optional Just scroll down to the “Comment” box, type or paste your comment (up to 5000 characters), and hit Submit.
Source: Regulations.gov – Write a Comment
Share this DHS Rule With Friends and Classmates
Many F-1 and J-1 students still don’t know that this DHS rule has been proposed. If the rule moves forward without strong opposition, it could change the immigration path for tens of thousands of international students, especially those pursuing second degrees, transfers, or Day-1 CPT options. As of September 12, 2025, over 7.07K comments have already been submitted to DHS. But that’s still a small number compared to the size of the international student community.
– Share this article or the official DHS comment link
– Ask your school’s international office if they’re submitting an institutional comment
– Encourage others to submit their stories in public comments
How does this New DHS rule Impact F-1 Students?
Although the rule technically applies to F, J, and I visa holders, F-1 students are likely to face the greatest impact, especially those who have relied on the flexibility of the D/S system to adjust academic paths, take time off, or pursue additional degrees. Here are some of the most affected groups:
– F-1 students pursuing a second U.S. Degree: Many students extend their stay by pursuing a second Master’s—often through Day-1 CPT programs. Under the proposed rule, this pathway would be blocked. Only higher-level programs (e.g., PhD) would be allowed after completing a prior degree.
– F-1 students in long-term academic programs: PhD candidates and those enrolled in 5-year dual-degree or research programs may exceed the 4-year maximum stay and would need to request formal extensions through USCIS, adding both cost and uncertainty.
– F-1 students who may need time off: Medical leave, visa processing delays, or family emergencies are common. Under D/S, students could return and resume without filing anything. Under the new rule, each interruption could trigger a legal deadline or require a stay extension.
– F-1 students who want to transfer or change majors: The proposed rule places new restrictions on mid-program transfers and academic changes, especially at the Master’s level, making it harder to pivot if your interests or plans shift.
– F-1 students relying on the 60-day grace period: The grace period after graduation would be cut in half from 60 days to 30. This compresses the time available to prepare OPT applications, finalize job offers, or transfer to a new program.
– F-1 students unfamiliar with I-94 tracking: Under D/S, most students never had to think about I-94 expiration dates. With the proposed fixed-date system, even small oversights, like missing an extension deadline, could lead to accidental status violations.
What does this New DHS Rule Mean for Day-1 CPT universities?
One of the most immediate and serious impacts of this rule will be felt by students who rely on Day-1 Curricular Practical Training (CPT), especially those pursuing a second Master’s degree to continue working legally in the U.S.
Second Master’s Day-1 CPT Programs May No Longer Be Allowed
If finalized, the proposed DHS rule would make second Master’s Day-1 CPT programs no longer a viable option for international students. Under the new policy, once you’ve completed a degree, such as a Master’s, you won’t be allowed to start another degree at the same or lower level. This means:
– No more second Master’s for the purpose of extending F-1 status
– The most common Day-1 CPT route used by working professionals would be effectively shut down
– Students would have to pursue a PhD or higher-level program if they wish to stay in F-1 status and continue working This restriction, combined with tighter rules on transfers and major changes, would remove much of the flexibility that students currently rely on.
What You Can Do Now as a Day-1 CPT Student?
If you’re currently enrolled in a second Master’s program, or plan to start one soon:
1. Start as early as possible: If your I-20 is issued before this DHS rule takes effect, you may be “grandfathered in” and able to complete your program under the existing D/S policy. Here are some upcoming Day-1 CPT program enrollment windows you can still catch:
Late September 2025
– Sofia University (California)
– IWU (Midwest)
– National Louis University (campuses in both the Midwest and the East Coast)
October 2025
– Oct 6: Humphreys University (California)
– Oct 20: Trine University, Westcliff University (nationwide campuses)- Oct 25: Monroe University
These schools are known for their rolling admissions and flexible CPT policies, ideal for students looking to secure a second Master’s program before any rule change. If you have any other questions about Day-1 CPT university selection, feel free to contact us!
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2. Stay informed and track your I-94: Many students have never checked their I-94 before; get used to it now. You’ll need to actively manage your stay expiration going forward.
3. Explore PhD-level Day-1 CPT programs: PhD programs are still allowed under the proposed rule. If your goal is long-term work authorization, this may become the only legal CPT path in the future. For more details, check out our updated list of Day-1 CPT PhD and Doctoral-Level Programs!
Day-1 CPT Doctoral Programs
Nothing is final yet! The rule is still in the public comment phase, and history has shown that strong, substantive feedback can make a real difference. We’re actively tracking this proposed rule and its timeline. If you’d like to receive DHS rule updates, the U.S. policy changes, CPT school timelines, or Day-1 CPT PhD program lists, be sure to subscribe to our free email newsletter. We’ll send timely updates straight to your inbox, so you never miss a critical change that could affect your status. You can also join our Facebook group for timely updates, expert insights, and community Q&A.
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