Proposed rule to eliminate ‘‘D/S” (Duration of Status)
14 November 2025 Update
Final publication date for the D/S rule is still unknown, but given that DHS stated in its Notice of Proposed Rule Making (NPRM) that the final rule will be published at least 60 days prior to its effective date and given the academic calendar (many students graduating in the spring) - we might expect the final D/S elimination rule in December or January.
Presuming the rule content finalized as it is as proposed, those immediately impacted include the following.
Post-docs on J-1 visas.
If they are issued the DS-2019 for a 1- or 2-year increment because of funding limitations, they will have to apply for an extension to USCIS each year.
Any 1st year PhD student.
PhD programs can routinely exceed four years – the maximum duration allowed under the proposed rule. Many PhD candidates might need to file for extensions in order to complete their degree.
Many engaged in graduate medical education.
Foreign-born doctors participating in graduate medical education in the US must, will need to apply for extensions if their residency program exceeds four years.
Any Bachelors, Master’s, or PhD student pre-graduation who wants to apply for OPT.
Given that DHS stated in its NPRM that the final rule will be published at least 60 days prior to its effective date and given the academic calendar (many students graduating in the spring) - we might expect the final D/S elimination rule to be published in December or January.
Note - you can also look the NPRM published by DHS (just search for "transition period ") to find the details from the agency (especially starting on p. 42084 and in new section 214.1(m) of proposed regulatory text).
