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The Department of Homeland Security’s new rule eliminating “duration of status” for F, J and I nonimmigrants represents one of the most significant changes to the student and exchange visitor immigration program in decades.
Beginning Sept. 15, 2026, many international students and exchange visitors will be admitted for a fixed period of stay rather than for the duration of their academic program, creating new filing requirements and compliance considerations for both students and the institutions that support them.
To help schools and universities understand what the elimination of “duration of status” means in practice, we spoke with Garfinkel Immigration Partner William R. Hummel, head of the Firm’s Education Specialty Practice Group.
Why is the elimination of duration of status such a significant change?
William Hummel: This is one of the most significant changes to the F-1 and J-1 immigration system in decades. For more than 20 years, students and exchange visitors have generally been admitted for “duration of status,” meaning they could remain in the United States as long as they maintained their status and continued to meet the requirements of their program.
Under the new rule, students will instead receive a fixed period of admission. That fundamentally changes how they must plan their education, maintain their immigration status, and potentially remain in the United States after graduation.
For colleges and universities, it also creates additional compliance responsibilities. Designated School Officials (DSOs) will likely spend more time educating students, monitoring timelines and helping them understand when additional immigration filings may be required.
How will the rule affect students whose academic programs take longer than four years?
WH: Students who need additional time to complete their program will generally need to file an extension of stay with U.S. Citizenship and Immigration Services (USCIS).
For some students, such as many Ph.D. candidates, the need for additional time may be relatively straightforward because those programs commonly extend beyond four years. Other situations may be less clear. Students seeking additional time because of a gap year, leave of absence or a fifth year of NCAA eligibility may face greater uncertainty because USCIS will evaluate extension requests on a case-by-case basis under a discretionary standard.
What does the extension process look like?
WH: Students will generally need to file the Form I-539 with USCIS before their authorized stay expires. The application is expected to include a new Form I-20 from their school along with documentation explaining why additional time is needed to complete the program.
Because USCIS has significant discretion in these cases, students should work closely with their school’s international office and, when appropriate, experienced immigration counsel.
When should students file an extension request?
WH: Students can generally file an extension up to six months before their program end date, and filing before the program end date is strongly recommended.
While there is guidance suggesting certain filings may still be possible during the 30-day grace period, students may lose important protections by waiting. Filing before the program end date provides the strongest protections possible.
If an extension is denied, the student may need to depart the United States. Whether they could later obtain a new SEVIS record and reenter the U.S. remains one of several unanswered questions under the new rule.
How does the rule affect students who are already in the United States?
WH: There is a common misconception that current students will not be affected if they simply remain in the United States and do not travel. That’s not accurate.
Some students, particularly those already nearing the end of their current program, may benefit from transition provisions. However, for most students who plan to continue into graduate school, Optional Practical Training (OPT), STEM OPT or another academic program, this rule will eventually require an additional immigration filing.
In other words, the rule ultimately affects everyone. It is largely just a question of when.
What new responsibilities does this create for colleges and universities?
WH: Many schools are still determining how much responsibility they want to assume for tracking students’ immigration timelines.
Within the higher education community, there is active discussion about whether institutions should proactively monitor deadlines or place that responsibility primarily on students. Some schools may decide to provide extensive reminders and tracking, while others may be concerned about potential liability if a deadline is missed.
Regardless of the approach, institutions should expect additional administrative work and should evaluate whether their current systems are equipped to manage these new requirements.
What should colleges and universities be doing before the rule takes effect?
WH: Schools should begin educating students now about how the rule works and how it may affect different situations. Hosting information sessions or town halls can be especially helpful, particularly when students have an opportunity to ask questions based on their own circumstances.
Many institutions also benefit from including experienced immigration counsel in those discussions to address more complex or specific questions.
What impact could this have on graduate programs and other academic programs that typically exceed four years?
WH: In the short term, students should expect additional costs, additional paperwork and another immigration application that previously wasn’t required.
Longer term, institutions may also face new recruitment challenges if prospective international students view these additional requirements as another barrier to studying in the United States.
Who will be most affected by this rule?
WH: Ultimately, everyone in F-1 and J-1 status will be affected.
Some students will experience the changes immediately, while others may not encounter them until they travel internationally, begin OPT, start another academic program or otherwise need additional time in the United States.
The timing may differ, but the rule will eventually affect all international students and exchange visitors.
What should students and schools be doing now?
WH: Schools should begin communicating with their international student and scholar populations as soon as possible.
One of the most effective ways to prepare students is by walking through common scenarios. For example, what happens if a student travels after the rule takes effect, begins graduate school or needs additional time to complete a degree. Those practical examples often help provide more clarity about the new requirements.
Are there still unanswered questions?
WH: Yes. While the rule establishes the new framework, there are still numerous important questions that DHS and USCIS have not answered. As additional guidance is released, schools and students should continue monitoring developments and seek legal guidance when questions arise.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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