DHS Issues Final Rule Replacing Admission for Duration of Status with Fixed Periods of Stay for F, J, and I Nonimmigrants

The Department of Homeland Security has issued a final rule ending the longstanding practice of admitting certain foreign nationals for “duration of status,” commonly shown as D/S on Form I-94.

The rule is scheduled to take effect on September 15, 2026. Because it is classified as a major rule subject to congressional review, DHS will publish another notice if Congress changes the rule or its effective date.

Who Is Affected?

The rule applies to:

F visa holders: International students and their dependents;
J visa holders: Exchange visitors and their dependents; and
I visa holders: Representatives of foreign information media and their dependents.

What Is Changing?

F, J, and I visa holders have traditionally been allowed to remain in the United States while they continued their authorized studies, exchange programs, practical training, or media assignments.

Under the new rule:

Form I-94 will contain a specific expiration date;
An updated Form I-20 or Form DS-2019 will not automatically extend a person’s authorized stay;
Individuals who need additional time must generally apply for an extension with USCIS; and
USCIS may require biometrics as part of the extension process.

New Admission Periods

F-1 Students

F-1 students and their dependents will generally be admitted for the length of the academic program and authorized post-completion practical training, but for no more than four years at a time.

The F-1 grace period after completing a program or practical training will be reduced from 60 days to 30 days.

Shorter admission periods will apply to certain:

English-language students;
Public high school students; and
Border commuter students.

J-1 Exchange Visitors

J-1 exchange visitors and their dependents will generally be admitted for the length of the approved exchange program, but for no more than four years, followed by a 30-day grace period.

F-1 and J-1 visa holders may still enter the United States up to 30 days before their programs begin. The early-entry period and the post-completion grace period will not count toward the four-year maximum.

Foreign Media Representatives

Most I visa holders and their dependents will be admitted for the time needed to complete the media assignment, but for no more than 240 days.

I visa holders with passports issued by the People’s Republic of China will generally be limited to 90 days, except those traveling with Hong Kong or Macau Special Administrative Region passports.

When Will an Extension Be Required?

An extension may be required when a person needs more time to:

Complete an academic or exchange program;
Continue employment or a media assignment;
Transfer schools;
Begin a new degree program;
Begin post-completion OPT; or
Extend post-completion OPT.

To obtain an F-1 extension, a student must provide either:

A current Form I-20 showing that additional time is needed; or
Documentation of qualifying academic, medical, or other circumstances beyond the student’s control.

Examples may include unexpected research problems, a change in research topic, illness, a natural disaster, a national health crisis, or a school closure.

Special Rules for OPT Applications

Certain F-1 students will not need to file a separate extension-of-status application.

This protection applies to students who:

Have a pending post-completion OPT or STEM OPT application when the rule takes effect; or
File an OPT or STEM OPT application within six months after the rule’s effective date.

Employment While an Extension Is Pending

Certain individuals may continue working after timely filing an extension request:

STEM OPT applicants will continue to receive the existing 180-day automatic employment authorization extension;
F-1 students authorized for on-campus employment, curricular practical training, or employment based on economic hardship may receive an automatic extension of up to 240 days; and
J and I visa holders may continue working for up to 240 days while a timely extension application is pending.

New Risk of Unlawful Presence

F, J, and I visa holders must carefully monitor the expiration date on Form I-94.

Under the new rule, unlawful presence will generally begin as soon as the person’s authorized admission period expires. A timely extension filing may prevent unlawful presence from accumulating while USCIS reviews the application.

This is important because more than 180 days of unlawful presence may result in a three-year bar after departure from the United States. One year or more may result in a ten-year bar.

New Restrictions for F-1 Students

The rule also limits when F-1 students may change schools or academic programs.

Under the new requirements:

Undergraduate students generally cannot change their program, major, or educational level during the first academic year;
An exception may be available for qualifying circumstances, such as a school closure or natural disaster;
Graduate students cannot change their program, major, or educational level;
Graduate-school transfers may be allowed in limited, extenuating circumstances; and
After completing a program, an F-1 student will not be eligible to pursue another F-1 program at the same or a lower educational level.

Travel While an Application Is Pending

International travel may affect a pending immigration application.

When a person travels while an extension application is pending:

If the person is readmitted for the time remaining on the previous admission period, the extension application will not be treated as abandoned.
If the person is readmitted for the longer period requested in the extension application, USCIS will treat the pending extension as abandoned because it is no longer necessary.

A person who leaves the United States while a change-of-status application is pending will generally be considered to have abandoned that application.

Transition Rules for Current Visa Holders

People maintaining valid F, J, or I status when the rule takes effect will receive a transition period.

In general:

Current F and J visa holders may remain until the later of the program end date on Form I-20 or Form DS-2019 or the expiration date on an OPT employment authorization document;
The transition period generally cannot exceed four years after the effective date;
Current F-1 students will retain a 60-day grace period;
Current J-1 exchange visitors will retain a 30-day grace period;
Current I visa holders will generally receive up to 240 days; and
I visa holders with covered Chinese passports will generally receive up to 90 days, excluding Hong Kong and Macau SAR passport holders.

Anyone who needs additional time beyond the transition period must apply for an extension with USCIS.

Changes for Foreign Media Representatives

The rule also clarifies which activities qualify for I visa status.

A qualifying foreign media organization must:

Have its home office outside the United States; and
Regularly gather, produce, or distribute journalistic information.

Entertainment activities, such as performing or appearing on reality television programs, generally will not qualify for I status.

What Remains Unchanged?

The final rule preserves the USCIS policy of generally giving deference to certain prior Form I-129 petition approvals involving the same parties and facts.

However, DHS could seek to change or eliminate that policy through a future rulemaking.

The Bottom Line

The rule is scheduled to take effect on September 15, 2026, and will replace duration-of-status admissions with fixed expiration dates for F, J, and I visa holders. Affected individuals must closely monitor Form I-94, plan ahead for extensions, and understand how program changes, employment, and international travel could affect their status. We expect the rule to create additional compliance responsibilities, increase USCIS extension filings, worsen processing delays, and require updates to SEVIS.

The Law Offices of Jacob Sapochnick is closely following the implementation of this rule and will provide updates.

This article is provided for general informational purposes only and does not constitute legal advice.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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