The Department of Homeland Security (DHS) has published a proposed rule to end “duration of status” (D/S) for F and J nonimmigrants.

The proposed rule would eliminate the current D/S policy for international students and scholars, replacing it with a defined period of stay of no more than four years, plus a short grace period. Anyone who wishes to remain in the U.S. beyond that time will be required to apply to U.S. Citizenship and Immigration Services (USCIS) for an extension of status. The proposed rule also introduces several other new requirements, such as restrictions on changes in major or level of study.

Be aware that this is currently a proposed rule only, with a mandatory public comment period ending September 29. DHS may revise the rule, and it will only take effect if published as a final rule in the Federal Register.

What is Duration of Status?

D/S has been the policy for more than 30 years. It lets international students and exchange visitors see their studies or work through to completion—without the need to file for an extension of status with the federal government.

Currently, when you enter the United States to come to Cornell, your passport stamp and I-94 show F-1 or J-1 D/S instead of a particular “admit until” date. This is because the D/S rule allows you to remain in the country for your program’s duration so long as you stay in good academic and legal standing (maintain your status). Extensions beyond your original program’s end date are currently approved by a designated official at Cornell.

More Information to Come

International Services is closely monitoring the public conversation over this proposed policy change. Organizations representing a range of higher education institutions are likely to comment. After the close of the public comment period, DHS will review the comments and prepare a final rule for the Federal Register. While there isn’t a set time frame for publication, the process typically takes several months.

It’s possible some aspects of the proposed rule may be revised during the review process based on public feedback. Depending on the content of the final rule, there could be impacts on current students, as well as new students. We’ll know more after the comment period.

We will share a detailed analysis and guidance if the rule takes effect. Don’t hesitate to reach out for support in the meantime if you have questions or concerns.

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