DHS Final Rule Ending “Duration of Status” (D/S) for F, J, and I Nonimmigrants Published

DHS Final Rule Ending “Duration of Status” (D/S) for F, J, and I Nonimmigrants

Effective Date: September 15, 2026 (60 days after rule published on July 17, 2026). The rule is classified as a major rule subject to congressional review.

Overview

Beginning September 15, 2026, among other changes, DHS will move F-1, J-1, and I nonimmigrants away from the longstanding "Duration of Status” (D/S) system.

For many years, F-1 students, J-1 exchange visitors, and I visa holders were generally admitted for “D/S,” meaning they could remain in the United States as long as they continued to meet the requirements of their status. Under the new rule, individuals will instead receive a defined period of admission, just like all other US visa categories. If and when additional time is needed, visa holders in all visa categories will now need to seek extensions from USCIS to continue maintaining status beyond the authorized period of admission.

For F-1 students and employers of F-1 students, especially those on OPT and STEM OPT, maintaining F-1 status and work authorization will become separate compliance obligations that must be tracked independently. Foreign nationals and employers should prepare now for increased monitoring of I-94 expiration dates, shorter grace periods, additional extension filings, and  accrual of unlawful presence if status is not properly maintained.

Changes Effective September 15, 2026

F-1 Students (Including OPT and STEM OPT Holders)

1. End of Duration of Status (D/S)

Instead of being admitted for D/S, F-1 students will be admitted for a fixed period. Most students will receive an admission period tied to their educational program, with a maximum of four years.

Students who need additional time beyond their initial admission period must apply for an extension of stay using Form I-539. To qualify, they must demonstrate a compelling academic reason, a documented medical condition, or circumstances beyond their control that prevent timely completion of their program.

F-1 status and employment authorization may no longer expire on the same timeline. A student would need to extend F-1 status separately from an OPT or STEM OPT application.

2. Grace Period Reduced from 60 Days to 30 Days

The standard F-1 grace period is shortened to 30 days (currently 60 days). This reduces the amount of time available after completion of studies or OPT to depart the U.S., transfer programs, pursue another status, or prepare another filing.

3. Restrictions on Changes in Educational Programs

F‑1 holders who complete a program of study after September 15, 2026, generally must progress to a higher level of education if continuing school. Notably, this rule may impact the viability of “Day 1 CPT” programs for some. Undergraduates on F-1 are prohibited from transferring schools or changing educational objectives (e.g., degree level) within their first academic year, except in extenuating circumstances. Graduate students on F-1 are prohibited from changing educational objectives or transferring schools during their program, unless an exception is authorized.

4. Immediate Unlawful Presence Consequences

Under the new framework, once authorized stay expires, unlawful presence begins accruing immediately. Failure to timely file an extension application, or otherwise maintain status will have more serious immigration consequences. Accruing sufficient unlawful presence will trigger future reentry bars under existing immigration laws.

5. International Travel While an Extension is Pending

Travel while an F‑1 extension-of-stay application is pending does not automatically result in abandonment of the application. However, the extension request may be considered abandoned if the student departs the U.S. and returns using a new Form I‑20 with a program end date that extends beyond the student's previously authorized admission period.

F-1 nonimmigrants with pending extension requests should consult immigration counsel before international travel.

6. Approval Period Limited by Shortest Family Validity

Upon entry or extension, the shortest period granted to any member of the family will be granted to all members of the family. This means when entering the U.S., if any family member has a passport that expires early, or a dependent child is aging out early, then the I-94s for the entire family will also be shortened to that date.

What Happens to Current F-1 Students?

Current F‑1 nonimmigrants are not required to immediately file an extension of stay when the rule takes effect; there are grandfathering provisions for students already in F‑1 status on September 15, 2026. However, F-1 nonimmigrants who depart the United States and return on or after September 15, 2026, will be admitted under the new specific (not D/S) admission period framework.

Recommended Next Steps for F-1 Holders

·        Monitor both the status expiration date and if work authorized, the work authorization expiration date. Under the new framework, maintaining F‑1 status and maintaining work authorization may require separate filings and tracking. If the F-1 program, OPT, or STEM OPT may extend beyond your authorized admission period, students should consult immigration counsel well in advance regarding any extension-of-stay requirements.

·        Notify employer and immigration counsel before any international trip. Each reentry to the U.S. may result in a new admission period that should be reviewed carefully.

J-1 Exchange Visitors

Similar to the changes made to the F-1 student category, key changes to the J-1 category include:

·        Fixed admissions – no longer admitted for D/S.

·        Admitted for duration of program listed on DS-2019 (up to 4 years).

·        Potential need for USCIS extension filings beyond the initial authorized period.  Under current practice, many J-1 program extensions are handled primarily through the sponsor. Under the new rule, a sponsor-issued Form DS-2019 extension generally will not by itself extend lawful status; a USCIS extension filing will also be required.

·        Immediate unlawful presence concerns following expiration of authorized stay.

·        Current J-1 participants already in valid D/S status as of the effective date generally receive transition period protections similar to those provided for F-1 students.

·        Dependents must separately maintain valid status and monitor expiration dates.

Employer Considerations

The new rule introduces a second compliance variable for F-1 students, J-1 exchange visitors, and if employed, their employers: maintaining valid nonimmigrant status will no longer be tied solely to issuance of Forms I-20, DS-2019, and maintaining valid work authorization. There is now a separate need to monitor not only EAD expiration dates, but also the underlying F-1/J-1 admission period, and timely file any required extension applications. Employers should work closely with immigration counsel to identify situations where the F-1/J-1 status expiration and work authorization expiration dates need to be extended, or do not align.