DHS Eliminates ‘duration Of Status’ For F, J And I Nonimmigrants

The Department of Homeland Security (DHS) published a final rule Friday (7/17/26) in the Federal Register which eliminates the longstanding “duration of status” framework for the F, J and I nonimmigrant classifications.

Instead, effective 09/15/2026, individuals will be admitted to the United States until a specific program end date, which may not exceed four years. They will then receive a 30-day grace period to prepare for departure, apply for an extension of stay, or seek a change of status. This is a reduction from the current 60-day grace period.

Although DHS made some revisions in response to public comments, the final rule largely adopts the proposed rule from August 2025.

When will the rule take effect?

The rule will take effect on September 15, 2026, 60 days after it was published in the Federal Register.

The rule may face challenges in federal court. The attorneys at Garfinkel Immigration Law Firm continue to monitor the situation closely and will alert clients if circumstances evolve.

Extensions of stay

F, J and I nonimmigrants who need additional time beyond their authorized period of admission on the I-94 to complete their approved program or continue their authorized activities will need to file an extension of stay request with USCIS. This represents a significant shift from the current duration of status (D/S) framework, under which these individuals generally do not need to request an extension from USCIS solely because their academic program, exchange program, or other authorized activity continues beyond the period reflected on their I-20.

In most circumstances, the extension request will need to be filed with USCIS before the expiration date listed on the individual’s Form I-94. Individuals who timely file an extension of stay request may generally remain in the U.S. while USCIS adjudicates the application and, where applicable, continue activities authorized under their F, J or I classification.

Visa holders already admitted with ‘duration of status’

F-1 and J-1 nonimmigrants who were admitted for duration of status (D/S) when the final rule takes effect will automatically transition to the new fixed admission period framework established by the final rule. These individuals generally may remain in the United States until the the program end date listed on their Form I-20 or Form DS-2019, the expiration date of their Employment Authorization Document, or four years from the final rule effective date (whichever is shorter). Their authorized stay will be subject to a maximum period of four years from the rule’s September 15, 2026, effective date, plus the applicable grace period.

Individuals who need additional time beyond this authorized admission period will need to apply to USCIS for an extension of stay.

Additional changes in the final rule

Other key provisions in the final rule include:

• Restricting F-1 students at the graduate level from changing programs of study or transferring schools during their studies, except in limited extenuating circumstances, such as a school closure or a “prolonged inability to hold in-person classes due to a natural disaster.”
• Limiting F-1 undergraduate students from switching programs of study or transferring schools before completing their first academic year, except in limited extenuating circumstances.
• Requiring F-1 students to pursue an additional program of study at a higher educational level than those previously completed in F-1 status and prohibiting changing to a program at the same or lower educational level.
• Clarifying that delays in program completion caused by academic probation, suspension or a student’s “repeated inability or unwillingness to complete a course of study” are not acceptable reasons for an extension of stay.

How does the rule affect physicians?

Many physicians enter the U.S. in J-1 status to pursue graduate medical training, such as residencies and fellowships. Under the new rule, physicians entering the country pursuant to the J-1 visa program will no longer be admitted for duration of status (D/S). Instead, they will be admitted for a fixed period tied to their program end date, up to a maximum of four years, and would need to file an extension of stay request with USCIS if additional time is required to complete their training.

Foreign national physicians should contact the attorneys in Garfinkel Immigration’s Healthcare Specialty Practice Group to learn more about how the rule will affect them.

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.