DHS Final Rule Ending Duration of Status Effective September 15, 2026

At a Glance

• DHS is ending Duration of Status for F-1, J-1, and I nonimmigrants and replacing it with fixed admission periods beginning September 15, 2026.
• The rule adds new extension requirements, shorter grace periods, program-change limits, and transition rules that employers, universities, and exchange sponsors should start planning for now.

On July 17, 2026, the Department of Homeland Security (DHS) published a significant final rule titled “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media,” that fundamentally changes the administration of F-1 student status and makes important changes affecting J exchange visitors and I representatives of foreign media. This rule will take effect on September 15, 2026 (unless enjoined or delayed), and replaces the longstanding “Duration of Status” (D/S) framework with fixed periods of admission and revises several regulations governing F, J, and I nonimmigrants. DHS has classified the rule as a "major rule" subject to congressional review, and the effective date could also be affected by litigation.

Background

For many years, F-1students, J-1 exchange visitors, and I representatives of foreign information media have been admitted to the United States for “Duration of Status” — i.e., they could remain lawfully in the United States for as long as they were pursuing their authorized activities, without a fixed expiration date on their Form I-94. Under the D/S framework, program extensions were managed by Designated School Officials (DSOs) issuing revised Forms I-20, without requiring formal applications to USCIS. DHS has stated the rule addresses concerns related to national security, immigration compliance, visa overstays, and program integrity.

What Has Changed

The final rule replaces D/S with a fixed “Admit Until Date” on the Form I-94. Key changes include:

Fixed Admission Periods

• F-1 students and J-1 exchange visitors (and their dependents) will be admitted for the length of their program, not to exceed four years, plus a 30-day grace period.
• ESL students are limited to 24 months.
• I nonimmigrants (foreign media) will be admitted for up to 240 days, with certain exceptions.
• The four-year cap is not an aggregate limit on total time in status — it is the maximum for a single admission tied to the program end date.

Mandatory Extensions of Stay

• Individuals who need additional time — to extend their program, transfer schools, change degree levels, or pursue OPT — must file a Form I-539 (Application to Extend/Change Nonimmigrant Status) with USCIS and may be required to complete biometrics and background screenings.
• Foreign nationals seeking an extension of F-1 status will need to present a currently issued Form I-20 indicating that additional time is needed to complete the program or documentation demonstrating compelling academic reasons, illness, or other circumstances beyond the individual's control.
• Dependents will also be subject to extension requirements.

Reduced Grace Period

• The F-1 post-completion grace period is reduced from 60 days to 30 days for students entering or reentering on or after September 15, 2026.

Program Change Restrictions

• F-1 students at any level below the graduate degree level may not transfer or change programs, majors, or education levels within the first year unless SEVP grants an exception.
• F-1 graduate students are generally precluded from changing programs or majors, though transfers may be permitted in extenuating circumstances.
• A student who completes a program at one education level (e.g., a bachelor's or master's degree) may not enroll in another program at the same or lower level and may only advance to a higher level. This will likely limit the educational and development opportunities for F-1 students, including those not selected in the H-1B cap registration lottery and have used a second master’s degree program with Day 1 CPT to extend their stay and work authorization in the US.

Unlawful Presence

• F, J, and I nonimmigrants will begin accruing unlawful presence immediately after their admission period expires unless they have timely filed for an extension.
• Accrual of 180 days or more triggers a three-year reentry bar; one year or more triggers a 10-year bar.

Transition Rules for Those Who Are Already in the US under D/S

• Individuals already in the United States under D/S on September 15, 2026, will not have to immediately apply for a new I-94 provided they continue their studies or programs listed on their DS-2019 or I-20.
• They may remain until the later of their current I-20/DS-2019 end date or OPT EAD expiration, not to exceed four years from the effective date plus a grace period of 60 days for F-1 students and 30 days for J-1exchange visitors.
• F-1 students in this group retain their 60-day grace period unless they exit and reenter or file for an extension, at which point the new 30-day period applies.
• F-1 students applying for F-1 STEM OPT work authorization who have timely filed for an extension before the expiration of their F-1 OPT may continue their employment under the 180-day automatic extension after the expiration of their OPT EAD.
• F-1 students admitted for D/S who timely filed for post-completion OPT or STEM OPT employment authorization on or before March 18, 2027, will not be required to file a separate I-539 extension. However, this exemption is lost if the student departs and reenters the US with a fixed admission period before filing in which case, both the I-765 and I-539 must be filed. If approved under this transition provision, the student is authorized to remain in F-1 status until the EAD expiration date plus 60 days.

What This Means for Employers and Institutions

The elimination of D/S will create significant new compliance and administrative responsibilities for universities, exchange program sponsors, and employers of OPT/STEM OPT participants. Programs extending beyond four years may face particular challenges. Employers should monitor whether their F-1 employees' admission periods will require extension filings and ensure continued employment authorization.

We will continue to monitor developments and provide updates as additional guidance and clarifications are issued.

For additional information, please see:

• Department of Homeland Security’s FAQs on the final rule
• Department of Homeland Security’s Quick Facts on the final rule