From Campus to Capitol: How New Immigration Rules Will Reshape International Student Pipeline (Part 1) – Trump Administration Proposes New Rule to End Foreign Student Visa Abuse

On August 28, 2025, the Department of Homeland Security – U.S. Immigration and Customs Enforcement ("DHS/ICE") published in the Federal Register a proposed rule to eliminate the long-standing “duration of status” (D/S) framework for F, J, and I nonimmigrants (“DHS/ICE Proposed Rule”), thereby formally initiating the rulemaking process. As this remains at the proposal stage, the Proposed Rule will not take effect unless and until DHS issues a final rule in the Federal Register specifying a future effective date.

If you and your company have questions about U.S. immigration policy or need tailored legal support, please contact our Partner, Anna Sun, at contact@consultils.com.

Replacing D/S with a Fixed Admission Period

For decades, F, J, and I visa holders have relied on the D/S model, which allowed individuals to remain in the U.S. for the duration of their academic or professional program, plus a grace period, without the need to file separate extension applications—so long as their school or employer kept the I-20, DS-2019, or related documentation current.

Under the DHS/ICE Proposed Rule, these categories would instead be admitted for fixed periods of stay:

• F-1 Students and J-1 Exchange Visitors: Admission until the program end date noted in the Form I-20 or DS-2019, not to exceed 4 years.

• I Information Media Representatives: Admission for the duration of the assignment consistent with the I classification, not to exceed 240 days (limited to 90 days for certain I visa holders from Mainland China, excluding Hong Kong and Macau).

• Extension of Stay (Form I-539 Requirement) – Individuals needing additional time must file a timely and complete Form I-539, Application to Extend/Change Nonimmigrant Status, with applicable fee, biometrics, and possible interview, before their prior admission expires.

Additional Proposals on Key Restrictions

• Reduction of F-1 Grace Period: Would be reduced from 60 days to 30 days, while the J-1 grace period remains unchanged at 30 days.

• Cap on ESL Programs: Capping English language training students at 24 months.

• Public High School Programs (including vacations): Capping an aggregate of no more than 12 months, including any school breaks and annual vacations.

• Public High School Programs (including vacations): Capping an aggregate of no more than 12 months, including any school breaks and annual vacations.

• Transfers and changes of educational objectives: F-1 undergraduates may not change majors or degree levels in the first academic year; graduate students are prohibited from changing degree levels entirely.

• Lateral or reverse matriculation: Students completing a degree may not re-enroll in the same or a lower degree level under F-1 status.

• Narrowed I visa scope: The I visa is now strictly limited to foreign press and journalism activities. It distinguishes between journalistic content and content primarily for entertainment or promotional purposes, such as performing or appearing on reality television programs.

Examples of How the Proposed Rule Could Affect Campuses

1. Four-year program (F-1 student)

A student’s I-20 lists the program from September 1, 2026, to August 31, 2030. If the student enters the U.S. on August 1, 2026 (30 days before the start date), CBP would give them an I-94 that expires on September 30, 2030 (program end date + 30-day grace period).

Even though this is slightly more than 4 years, it’s allowed because the program itself is only 4 years. If the student needs an extra semester, they must get an updated I-20 from the DSO and file Form I-539 with USCIS (with fee) to extend their stay.

2. Shorter program (F-1 student)

A student’s I-20 lists the program from September 1, 2026, to August 31, 2028. The student would be admitted until September 30, 2028 (program end date + 30-day grace period).

If the student finishes the master’s degree and wants to start a Ph.D., they must get a new I-20 for the doctoral program and file Form I-539 (with fee) to extend their stay.

3. Program longer than 4 years (J-1 research scholar)

A J-1 scholar’s DS-2019 lists the program from September 1, 2026, to August 31, 2031 (5 years). Because the maximum admission period is 4 years, the scholar would only be admitted through August 31, 2030.

To complete the final year, they must file Form I-539 (with fee) with USCIS to extend their stay.

Immediate Effects on Current Students

The proposed restrictions would eliminate several strategies that international students have commonly used to extend their stay in the U.S. Students who have already completed a master’s degree would no longer be able to enroll in additional master’s programs in different fields to maintain legal status. Similarly, transitioning from Optional Practical Training (OPT) to Curricular Practical Training (CPT) within the same degree program while awaiting H-1B lottery results would no longer be permitted.

As a result, the pathways for maintaining lawful status would become much narrower. Students could continue their education only by enrolling in higher-level programs, such as doctoral studies, or by pursuing alternative visa classifications outside the F-1 category. Absent these options, they would need to depart the United States upon completion of their program.

Timeline and Practical Consequences

If the DHS/ICE Proposed Rule becomes effective at the beginning of 2026, the earliest individuals likely to be impacted are those whose F-1 status expires before April 1, 2026, and who are not selected in the annual H-1B lottery. While B-1/B-2 visitor status may provide temporary legal presence, the loss of CPT work authorization would significantly limit these students’ ability to gain practical U.S. work experience, reducing their competitiveness in the job market.

Overall, the DHS/ICE Proposed Rule would require international students to make more definitive educational and career decisions earlier in their academic careers, limiting the flexibility for academic exploration and career pivoting that has traditionally been a hallmark of the U.S. higher education experience.

What's the Next

The Proposed Rule is currently in the Public Comment Period, during which stakeholders—including schools, employers, and individuals—may submit written comments through September 29, 2025. In addition, a separate 60-day comment period, ending October 27, 2025, applies to proposed changes to related “information collection” instruments, including SEVIS (Forms I-17 and I-20) and USCIS Forms I-539 and I-765.

After the comment period closes, DHS will conduct an Agency Review of Comments, during which it will review, summarize, and evaluate the feedback received. Substantive comments may lead to revisions of the Proposed Rule.

Once revisions are complete, DHS will publish a Final Rule in the Federal Register. The Final Rule will include DHS’s responses to comments and establish an effective date—typically 30–60 days after publication. However, for immigration-related rules, DHS often provides longer transition periods, such as 3–6 months or until the start of the next academic cycle.

We are continuing to closely monitor and analyze the Proposed Rule and will keep you updated on any developments.

In our next article, we will take a closer look at the U.S. State Department’s tightening of nonimmigrant visa rules. You can follow the link to read Part 2 of the From Campus to Capitol series.

If you and your company have questions about U.S. immigration policy or need tailored legal support, please contact our Partner, Anna Sun, at contact@consultils.com.

Disclaimer: The materials provided on this website are for general informational purposes only and do not, and are not intended to, constitute legal advice. You should not act or refrain from acting based on any information provided here. Please consult with your own legal counsel regarding your specific situation and legal questions.

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As Partner and Head of Immigration at ILS, Anna advises global employers on all aspects of U.S. business immigration. She helps companies recruit and retain executives and highly skilled professionals essential to their U.S. operations, with experience spanning industries from autonomous driving and biotech, to entertainment, logistics, and manufacturing.

Previously, Anna practiced at leading global law firms and served as in-house counsel and compliance manager in the telecommunications, finance, and gaming industries. This diverse background equips her with practical, cross-industry insights that inform strategic, business-focused immigration solutions.

Email: contact@consultils.com | Phone: 626-344-8949