DHS proposes major overhaul of international student and exchange visitor visas

• DHS plans to replace the long-standing “duration of status” (D/S) policy with fixed admission periods, capping F and J visas at four years (plus a 30-day grace period) and I visas at 240 days, extendable once.
• International students and exchange visitors needing more time must apply for extensions with USCIS, including paying fees and undergoing biometric screening.
• DHS cited cases of espionage and visa fraud involving J visa holders, including individuals tied to the Chinese government and military, to justify the proposed changes.
• DHS flagged widespread academic abuse, with tens of thousands of students remaining in visa status for over a decade and exposed fraudulent “pay-to-stay” schemes run by school operators.
• The proposed rule is open for public comment through Sept. 27, 2025, with separate review periods for related form and data system changes before final implementation.

The Department of Homeland Security (DHS) has proposed a sweeping new regulation that would impose fixed visa periods on international students, exchange visitors and foreign journalists, replacing the decades-old policy of open-ended stays based on program participation.

The draft rule, published Aug. 28 in the Federal Register, would eliminate the current “duration of status” (D/S) model for F and J visa holders used by international students and exchange visitors since the 1980s and instead implement capped admission periods of up to four years. After that, visa holders would need to apply for an extension or depart the country.

Key changes in the proposed rule include:

• Fixed terms for F and J visas: International students and exchange visitors would be admitted only until the end date listed on their academic or exchange program documentation, capped at four years, followed by a 30-day grace period.
• Mandatory extension filings: Visa holders needing more time to complete studies, transfer schools or pursue post-program training such as Optional Practical Training (OPT) would have to apply for extensions with U.S. Citizenship and Immigration Services (USCIS), including submitting fees and biometric data.
• Dependents affected: F-2 and J-2 dependents would face the same fixed limits. Spouses would remain barred from employment, while minor children could continue attending public schools.
• New limits for media representatives: I visa holders, typically foreign journalists, would be allowed an initial stay of 240 days, with a one-time extension of another 240 days permitted upon approval.

International students, even those enrolled in multi-year degree programs or undergoing authorized training, would be required to adhere to stricter timelines and submit applications for continued stay, each subject to government approval. Universities, colleges and cultural exchange sponsors will also have to adjust to new data collection requirements via DHS systems like Student and Exchange Visitor Information System (SEVIS) and the Student and Exchange Visitor Program (SEVP). (Related: Sweeping visa review places 55 million under scrutiny in unprecedented security move.)

The proposed rule is open to public comment through September 27, while separate changes to DHS forms and data systems will be subject to a 60-day comment window. Once comments are reviewed, DHS must finalize the rule, submit it for Office of Management and Budget review and publish a final version before the changes take effect.

DHS cites espionage and fraud cases for ending open-ended stays for students and scholars

Brighteon.AI’s Enoch notes that for more than three decades, F and J visa holders have been able to remain in the U.S. as long as they maintained their program status. However, DHS officials said the open-ended D/S policy created vulnerabilities by allowing individuals to remain in the country indefinitely without regular government review.

The DHS cited high-profile incidents involving individuals on J visas, such as Chinese government employee Zhongsan Liu, who was convicted in 2019 for fraudulently obtaining visas to recruit U.S. scientists; Harvard exchange student Zaosong Zheng, indicted for smuggling stolen research; and Ye Yanqing, charged in 2020 with visa fraud and acting as a Chinese military agent while at Boston University.

In 2025, a University of Michigan case involving a J visa holder and a Chinese Communist Party member charged with smuggling an agricultural fungus. Beyond espionage, the agency flagged widespread academic abuse, revealing that nearly 77,000 F-1 students in 2024 had remained in status for over a decade, often by enrolling in repetitive or lower-level programs.

DHS also pointed to fraud by school operators involved in “pay-to-stay” schemes, including one case that led to a prison sentence and a $450,000 fine. Language training programs were also criticized for excessive enrollment duration, prompting a proposed 24-month cap.

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Sources include:

YourNews.com

ManifestLaw.com

Brighteon.AI

Brighteon.com