Office of Management and Budget Completes Review of Proposed Rule

By: Mishita Jethi

On August 7, 2025, the Office of Management and Budget (OMB) concluded its review of a Department of Homeland Security (DHS) proposed rule, submitted on June 27, 2025, which aims to impose fixed periods of stay for international students (F status), exchange students (J status), and foreign information media representatives (I status), and their dependents. The OMB notice said that the review was completed “consistent with change” but has not yet identified any of the change(s) made to the proposal.

Until the publication, the details of the proposed rule will not be known. Although, in 2020, during the first Trump administration, there was a similar proposal issued under the same name. Under the 2020 proposal, a proposed change to Duration of Status (D/S) policy was suggested that would have affected how unlawful presence is calculated in F, J, and I visa status. Under the said 2020 proposal, unlawful presence in the above identified visa categories would begin accruing the day after their approved stay ends – similar to other visa status.

Currently, F, J, and I visa holders only start to accrue unlawful presence if U.S. Citizenship and Immigration Services (USCIS) determines that they have violated the terms of their visa status, or if an immigration judge issues an order of exclusion, deportation, or removal.

The proposed rule’s next step will be publication in the Federal Register in the coming days or weeks for period of public comment for either 30 or 60 days. DHS will then review public comments, submit a final rule for OMB review, and then publish a final rule in the Federal Register with an effective date. There is no set timeframe for publication of a final rule, but the process typically takes several months.

As the proposed rule moves forward, the Chugh, LLP immigration team will continue providing updates when they become available. For case-specific questions, please contact your trusted Chugh, LLP attorney.