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Last week, DHS published a sweeping final rule that fundamentally changes how F-1 students, J-1 exchange visitors, and I media representatives are admitted to and remain in the United States. The rule replaces the long-standing “Duration of Status (D/S)” with fixed expiration dates. This means that they will have an expiration date on their I-94 record controlling their status in the United States instead of “D/S”. This rule is effective September 15, 2026, 60 days after publication unless delayed by litigation or congressional action.
The new rule is one of the most significant procedural changes affecting international students and exchange visitors in decades as individuals in F, J or I status have been admitted in D/S for nearly 50 years. The designation of D/S allowed them to remain in the United States if they maintained their underlying F, J or I status without filing extension applications with the USCIS.
Here are some of the provisions of the rule:
Maximum duration: Foreign nationals seeking entry in F or J status will be admitted for a maximum of 4 years or the date on Form I-20 or DS 2019, whichever is shorter. I visa holders will be admitted for the duration of the assignment(s) but not to exceed 240 days (except for passport holders of the People’s Republic of China who will be limited to 90 days).
Shortened F-1 grace period: F-1 students will have only a 30-day “grace period” after the end of their program rather than 60 days which was in the prior law. This now matches that of J-1.
Requirement to apply for extensions of stay: If the program for F-1 students or J-1 exchange visitors extends beyond 4 years, they will need to file extension applications with USCIS along with their family members. These applications will be filed on Form I-539 with filing fees, a biometrics appointment, proof of eligibility, and subject to USCIS adjudication.
Travel during Extension of Stay: F, J and I visa holders will not abandon their extension of stay applications if they travel while their application is pending with USCIS if their underlying status is still valid.
Transition for those in F or J status in the United States with D/S: As of the effective date, foreign nationals holding F and J status with D/S are authorized to remain in the United States until the expiration date on their EAD or the program end date on Form I-20 or Form DS 2019, not to exceed four years from September 15, 2026, plus the grace period (60 days for F-1 or 30 days for J-1). For those applying for F-1 OPT and STEM OPT that get approved, they will be able to remain in the United States until the end of the EAD, plus the grace period.
But, if a person in F-1 status departs before filing for OPT or STEM OPT and reenters with a fixed expiration date, then they will need to file extension applications with USCIS for their OPT or STEM OPT.
F-1 Students for English Language: These F-1 students will be admitted only for a maximum of 24 months, plus a 30-day grace period.
Limitations on school transfer and change of educational objectives: An F-1 student at any level below the graduate degree level cannot transfer or change majors or educational levels within the first academic year of a program, unless authorized for extenuating circumstances. If at the graduate level, an F-1 student cannot change majors or educational levels at any point during their program, unless authorized for extenuating circumstances.
Cannot pursue same level degrees: F-1 students may not be admitted to pursue degree programs at the same level that they just completed.
What should students, exchange visitors, I media representatives and their employers do now?
- Employers should review all employees who hold F, J or I status and review their status and determine when their status now expires, consulting with their immigration attorneys.
- Identify when they might need extensions and plan to file as soon as possible.
- Print the I-94 cards of anyone in F, J or I status now to show that it reflects D/S.
- Review any upcoming travel plans
This new rule significantly increases compliance obligations, filing costs, and administrative complexity for international students, exchange visitors, educational institutions, and employers. It is important now, more than ever, to consult with immigration counsel to understand how to maintain lawful status.
T&R will continue to monitor the implementation of this rule and provide updates.
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