DHS has issued a final rule that will create complex challenges for many F (student), J (exchange visitor), and I (foreign media representative) nonimmigrants. Most significantly, the rule eliminates the admission of F, J, and I visa holders for “Duration of Status” or “D/S.” Under longstanding policy, these nonimmigrants were historically admitted for Duration of Status, meaning they could remain in the United States as long as they continued to comply with the requirements of the applicable student program, exchange activity, or media assignment.
The final rule takes effect on September 15, 2026 and creates fixed admission periods of no longer than four years for F, J, and I visa holders. Among other changes, the final rule limits the ability of both graduate and undergraduate students to change programs, prevents foreign students who have completed a U.S. degree from pursuing a second degree program at the same level, and shortens the grace period following the end of an F-1 program from 60 days to 30 days.
F-1 and J-1 Students Admitted After September 15, 2026
F-1 students admitted after the effective date will receive a fixed period of admission on their Form I-20 based on the length of their degree program. F-1 students will be admitted for a maximum of four years and may be admitted for a shorter duration based on the length of their degree program or employment authorization. F-2 dependents may not be admitted beyond the principal F-1 student. If an F-1 student finishes his or her program early, even if admitted for longer, they are expected to depart within the 30-day grace period following completion of the program or they will begin accruing unlawful presence.
If a student’s program exceeds four years, they must timely file an I-539 application to request an extension of stay. Premium processing will not be available but students may continue studies while the I-539 is pending. Alternatively, an F-1 student with a valid F-1 visa may depart the U.S. and request a new period of stay with U.S. CBP.
J-1 exchange visitors will generally be admitted for a fixed period to coincide with the length of the exchange program shown on Form DS-2019, not to exceed four years, plus a 30-day grace period. They will also need to file for an extension of stay or depart the U.S. and request a new period of stay with U.S. CBP should they need more time to complete their program.
F and J Nonimmigrants Admitted Before September 15, 2026
F and J nonimmigrants in D/S in the U.S on the day the rule takes effect do not need to have their Form I-94 corrected to a date certain, provided they continue their programs or studies as listed on their DS-2019s or I-20s.
Should the F or J nonimmigrant choose to travel during the 6-month transition period, they will be issued a new I-94 with a fixed date upon reentry and will only be eligible for a 30-day grace period.
If admitted D/S and maintaining status on September 15, 2026, the nonimmigrant will be authorized to remain in the U.S. until the later of the end date of the existing I-20 or DS-2019 or the expiration date of any Employment Authorization Document (EAD), but not more than four years from the effective date of the rule (September 15, 2030), plus a grace period of 60 days for Fs and 30 days for Js. If additional time beyond that is required to complete a program or post-completion practical training, an extension of stay must be filed or they must depart the U.S. and request a new admission period upon re-entry.
If admitted for D/S, present in the United States on September 15, 2026, and timely filed for post-completion OPT or STEM OPT by March 18, 2027, only a Form I-765 EAD application is required. It is not necessary to file a Form I-539 application to extend F status to cover the requested OPT or STEM OPT period. They would be authorized to remain in the U.S. until the end date on Form I-20 or EAD, plus a 60-day grace period.
If an F-1 student has an OPT or STEM OPT EAD application pending on the September 15 effective date of the new regulation, they would not be required to file an I-539 application to extend F-1 status or to re-file the I-765 EAD application.
If the F-1 student departs and re-enters the U.S. during the six-month transition window and is readmitted for a fixed period of stay before applying for an OPT or STEM OPT EAD, they would be required to file both the I-765 EAD application and an I-539 application to extend F-1 status to cover the requested OPT or STEM OPT period.
DHS has provided responses to Frequently Asked Questions regarding the Final Rule here: https://studyinthestates.dhs.
It is important for all nonimmigrants in F, J and I status to carefully review expiration dates to ensure timely filing of any required application and to carefully consider any future international travel as the impact could be significant.