DHS Proposed Rule to Replace Duration of Status (D/S) to Fixed Periods of Stay
On August 28, 2025, the Department of Homeland Security (DHS) published a proposed
rule in the Federal Register to replace “duration of status” (D/S) with a fixed time
period for students and their dependents in F-1 non-immigrant status. This proposed
change would create fixed admission dates to align with program end dates indicated
on the Form I-20.
This is a proposed rule and is not yet in effect. The final rule may differ from the
proposed rule. ISS is monitoring developments closely and will provide updates on
our website when additional information becomes available.
Summary of Proposed Changes
Under the proposed rule, F-1 non-immigrants would be admitted only until their program
end date as listed on the Form I-20, not to exceed four years, plus a 30-day grace
period. Any extension would require filing with USCIS.
Students would need to file an Extension of Stay in order to remain in active status
passed their “admit until date.”
Students would only have 30 days from the admit until date listed on their I-94 to
take action and maintain their status. Example actions include applying for an extension
of stay, optional practical training, or transferring to a university or college for
a higher-level degree.
Students studying ESL would be limited to 24 months of ESL academic training. This
will include any time spent studying at another institution prior to attending OCC’s
ESL program.
Students would no longer be allowed to change their educational objective repeatedly
or immediately. We anticipate that students would have to wait at least 1 academic
year before making any changes based on the proposed rule language.
Students would be required to study for 1 full academic year at Oakland Community
College before they are eligible to transfer to another College or University.
Students would no longer be allowed to do a Change of Education Level to begin a new
program of study at the same educational level (Associate’s to Associate’s). Students
also cannot begin a lower level of study (Associate to Certificate). The only students
eligible for a Change of Education Level would be ESL students moving to an academic
program of study.