The U.S. Department of Homeland Security (DHS) has published a final rule that eliminates “duration of status” (D/S) for F academic students, J exchange visitors, and I representatives of foreign information media.[1] The rule is effective September 15, 2026.
F-1 students and J-1 exchange visitors have long been admitted to the United States under “duration of status” (D/S) rather than for a fixed period with a specific end date.
Under the final rule, F and J nonimmigrants will instead be admitted for a fixed period tied to the program end date on their Form I-20 or DS-2019, not to exceed four years, plus a grace period. Anyone who needs more time must file a formal extension of stay (EOS) application with USCIS before the current admission period ends, or depart the United States and seek a new admission at a port of entry.
Key Changes for F-1 Students
- The departure grace period is shortened from 60 to 30 days.
- EOS applications will be filed with USCIS and require a filing fee, as opposed to the prior procedure where the extension was completed by a Designated School Official (DSO) by issuing a new I-20.
- Unlawful presence will now begin accruing immediately once the admission period expires if an EOS is not timely filed. If an EOS application is denied, there is no grace period, and the individual must depart the United States immediately.
- While there are some acceptable reasons for extending a student’s program beyond its original end date, this rule clarifies that delays caused by academic probation, suspension, or a student’s own inability or unwillingness to complete a program will generally not qualify.
- Language training programs are now subject to a 24-month aggregate cap.
- Undergraduate students cannot change their educational objective or transfer schools during their first academic year. Graduate students cannot change their educational objective or transfer schools at any point, absent a case-by-case SEVP exception. Also, once a student completes a program at one educational level, they cannot enroll in another program at the same or a lower level.
Key Changes for J-1 Exchange Visitors
- J-1 visitors will be admitted for the same fixed, four-year-capped period as F-1 students, and will go through the same USCIS EOS process.
- J-1 principals may continue employment for up to 240 days while a timely filed EOS application is pending, whereas J-2 dependents do not benefit from an automatic extension of employment authorization and must have a valid EAD for work authorization.
DHS states that the change is intended to strengthen national security and reduce fraud and abuse.
Employers, Schools, and Program Sponsors Should Begin Preparing Now
This rule is subject to congressional review, but as with any regulation, its interpretation and implementation may still evolve, and details are not yet fully settled. Regardless, now is a good time to review the following:
- F-1 or J-1 individuals whose current program will run close to or beyond the four-year cap.
- Employees with OPT or STEM OPT whose timelines should be checked against the new, shorter grace periods.
- Any planned school transfer, change of major, or change of educational level, given the new restrictions.
- Upcoming EOS filings, which will soon require full USCIS adjudication rather than a school-level extension, and which should be filed with additional lead time.
For more information or assistance evaluating how this rule affects a specific student, exchange visitor, or employee, please contact our experienced immigration attorneys in our Immigration Law Practice Group.
[1] I nonimmigrants will be admitted for a fixed period not to exceed 240 days