DHS Docket No. ICEB-2025-0001
This rule is currently in the proposal stage and has not yet taken effect. The federal government is accepting public comments during a 30-day window, which closes on September 29, 2025.
The proposal to eliminate “Duration of Status” (D/S) for international students and scholars will create significant new challenges for employers managing Form I-9 compliance. This change would introduce a fixed expiration date for these individuals’ lawful status, adding a new and critical tracking requirement for reverification that does not currently exist.
Currently, F-1 students and J-1 exchange visitors are admitted to the U.S. for “Duration of Status.” This means their Form I-94, Arrival/Departure Record, is marked “D/S” instead of a specific expiration date. For Form I-9 purposes, their permission to be in the U.S. is tied to their educational or exchange program.
- Employers verify employment authorization based on documents like the Form I-20 (for students), Form DS-2019 (for exchange visitors), and, when applicable, an Employment Authorization Document (EAD).
- The primary expiration date an employer tracks is typically the program end date on the I-20/DS-2019 or the “Card Expires” date on an EAD or work authorization date on I-20 page 2.
The Proposed Change
The Department of Homeland Security (DHS) has proposed replacing D/S with a fixed period of admission, generally not to exceed four years. This means that F-1 and J-1 nonimmigrants will be issued an I-94 with a specific expiration date. This date may be shorter than the student’s program of study, especially if their passport has an earlier expiration date.
How This Impacts Form I-9 Compliance
This change introduces a new expiration date that employers must track for reverification, creating a significant new administrative burden and potential for compliance violations. The employee’s lawful status in the U.S. could expire before their work authorization does, a scenario that is currently rare for this population.
- Conflicting Expiration Dates: The biggest challenge will be navigating situations where an employee’s work authorization document is valid, but their underlying status, reflected on the new I-94, has expired. An employee cannot work without a valid underlying status, and this discrepancy could lead to compliance issues.
- The STEM OPT Employee: An employee presents a STEM OPT EAD that is valid for three (12 +24 months) years. However, their new I-94 record shows a fixed admission period that expires in just two years. Employers who only track the EAD expiration date could unknowingly employ someone who has lost their lawful status, resulting in a compliance failure.
- The Curricular Practical Training (CPT) Intern: You hire an F-1 student intern authorized for CPT, which is noted on their Form I-20. Under the proposed rule, if this student is admitted with a fixed-date I-94 that expires before their CPT authorization ends. You would be required to reverify the employee’s status by the I-94 expiration date. The student would need to have filed for and obtained an extension of stay from USCIS to continue working, a process that is often lengthy and could create employment gaps.
- The J-1 Scholar: A research institution hires a J-1 scholar whose Form DS-2019 is issued for a three-year program. The scholar is admitted with a fixed I-94 valid for a period of four years. If the program is extended for a fifth year and a new DS-2019 is issued, the scholar must also apply for an extension of stay with USCIS to align their I-94 date. Employers must track this I-94 date and ensure the extension is approved to avoid interrupting employment, adding a USCIS-dependent step to a process previously managed by the sponsoring institution.
Experian Employer Services is actively monitoring developments related to this proposed rule and will notify readers of any updates or changes as they occur.