Updated 10/1/2025
On August 28, 2025, the Department of Homeland Security (DHS) announced a proposal to change how F-1/F-2 and J-1/J-2 international students and scholars and their families are admitted to the U.S. and the process for extending their stay. This change would eliminate the long-standing "duration of status" (D/S) policy for F, J, and I nonimmigrants, which includes international students, scholars and exchange visitors.
Currently, these individuals in F, J, and I nonimmigrant status are admitted to the U.S. for the entire length of their academic program. The new proposal seeks to replace this with a fixed-date admission system, where individuals would be admitted for a specific period, not to exceed four years.
This change would fundamentally alter the process for extending a stay. Instead of a straightforward update managed by their school, individuals would need to formally apply for an Extension of Stay with U.S. Citizenship and Immigration Services (USCIS). This new process would be more burdensome, requiring an application (Form I-539), fees, biometrics, and a potential interview. The rule also proposes shortening the grace period after program completion for F-1 students from 60 days to 30 days.
Furthermore, the proposal introduces new restrictions, such as limiting a student's ability to pursue another degree at the same or lower degree level, change their educational objectives, and also prohibits graduate students from changing their program of study.
It is important to understand the process that follows such an announcement. At this point in time, it is a proposed rule and not a final rule, and therefore is not in effect at this time. The public had a 30-day comment period to respond to this proposal, which ended on September 29, 2025. After the comment period, DHS will review all comments and will consider changes to the proposed rule. After any revisions are made, DHS will again place it in the Federal Register as a final rule with an effective date. This process can take several months to complete.
The Berkeley International Office (BIO) is actively coordinating with the Office of Federal Government Relations, and has submitted comments together with the other nine UC campuses across the UC through a single comment letter. Professional associations that help guide our work are also closely evaluating the proposed rule, and have comments, such as NAFSA's comment letter. BIO is committed to advocating on behalf of our international community to ensure that a final rule, if or when enacted, will address the many concerns that we have at this time.
For more information on this proposed rule change and potential impacts, see NAFSA's Summary of the Proposal to Replace Duration of Status.