Important Immigration News

There is no grandfather clause — this is from the rule:

You can find the entire proposal here: https://www.federalregister.gov/d/2025-16554/p-230

This section below addresses the change from D/S to 4 years and then requiring to apply for ‘Extension of Stay’.

All of these cases assume, consistent with this proposed rule, that the admission period of any F or J nonimmigrant previously admitted for D/S would be transitioned to a fixed date of admission. To provide adequate notice to aliens previously admitted for D/S regarding the date when their admission period ends pursuant to the proposed transition, DHS proposes that an alien’s period of admission would expire on the program end date on the alien’s Form I-20 or DS-2019 that is valid on the final rule’s effective date, not to exceed a period of 4 years from the final rule’s effective date, plus the currently permitted additional period of 60 days for F nonimmigrants and 30 days for J nonimmigrants to depart. See proposed 8 CFR 214.1(m)(1). DHS believes that this proposal would provide adequate notice because all students and exchange visitors in F or J nonimmigrant status who wish to extend their program currently need to apply for permission with their DSO or RO. At that time, the DSO or RO could explain that they are recommending a program extension, but the F or J nonimmigrant must apply for an EOS directly with DHS or depart the United States and seek readmission, and such EOS or readmission must be granted to remain lawfully in or to re-enter the United States, respectively. Under current policy, F and J nonimmigrants admitted for D/S do not accrue unlawful presence until the day after USCIS formally finds a nonimmigrant status violation while adjudicating a request for another immigration benefit or on the day after an immigration judge orders the alien excluded, deported, or removed (whether or not the decision is appealed), whichever comes first.^[90] In reliance on this policy, some F and J nonimmigrants admitted for D/S may not have taken the appropriate steps to maintain status, otherwise change status, or depart the United States. This proposed rule is concerned with providing adequate notice to allow F and J nonimmigrants who are maintaining status to transition to a new date-certain admission.

Although some F and J nonimmigrants may have program end dates longer than 4 years, DHS believes that using the program end date on the Form I-20 or DS-2019, up to a maximum 4-year period of admission, as the fixed date of admission is the best option because it aligns with the general structure of post-secondary education while still allowing for the government to have increased oversight of this population through the requirement that those nonimmigrants who wish to remain beyond their authorized period of admission either apply to extend their stay or depart the United States and seek readmission. According to the U.S. Department of Education (ED), students can normally earn a bachelor’s degree in 4 years ^[91] and non-resident students normally earn their bachelor’s degrees within 4 years of entry.^[92] The total number of F-1 students pursuing a bachelor’s degree in 2023 was 457,906, constituting almost 34 percent of the 2023 nonimmigrant student population. The total number of F-1 students pursuing a master’s degree, generally 2-year programs, in 2023 was 608,857, representing almost 45 percent of the nonimmigrant student population. Taken together this population represents almost 79 percent of the nonimmigrant students in the United States.^[93] Therefore, DHS believes that a 4-year period of admission would not pose an undue burden to most nonimmigrant students, because many F and J nonimmigrants would complete their studies within a 4-year period and not have to request additional time from DHS. The smaller proportion of students not pursuing a bachelor’s or master’s degree are enrolled in different programs, which may last more or less than 4 years.^[94] While DHS acknowledges the additional burden that this rule would impose on students engaged in programs lasting longer than 4 years, DHS believes that the benefit to program integrity of this rule would outweigh the burden to this population.

An Extension of Stay (EOS) allows a nonimmigrant visa holder who is lawfully admitted to the United States to remain beyond their original authorized period under the same visa classification, provided they meet eligibility requirements.

Who Can Apply

You may apply for an EOS if you:

• Were lawfully admitted with a nonimmigrant visa.
• Your visa status remains valid.
• Have not committed crimes or violated the terms of your admission.
• Your passport is valid for the duration of your stay

Form to File

• Form I-539 – Application to Extend/Change Nonimmigrant Status (most common for general EOS).

Filing Timing

USCIS recommends applying at least 45 days before your authorized stay expires USCIS.

Processing and Approval

USCIS reviews each EOS request on a case-by-case basis. Prior approvals are not guaranteed, but officers may defer to earlier decisions if the same parties and facts remain unchanged.

Special Considerations

• Duration of Status (D/S): Many F-1, J-1, and I-1 students have been admitted for D/S, meaning their stay is tied to program completion. A proposed DHS rule (published Aug. 28, 2025) would replace D/S with a fixed admission date (earlier of I-20 program end date or 4 years from admission) and require filing Form I-539 for extensions beyond that date.
• Grace Period: Under the proposed rule, the post-completion grace period would be cut from 60 to 30 days.
• Travel: Traveling during a pending EOS can be risky; you may be considered out of status until approved.

Key Takeaways

• Apply early to avoid overstay.
• File the correct form (I-539 or I-129) based on your status.
• Prepare evidence of eligibility and compliance with visa terms.
• Monitor DHS updates, especially for students and exchange visitors, as the proposed fixed-time admission rule could change how EOS is handled.