DHS Ends ‘Duration Of Status’ For International Students, Exchange Visitors, And Media Representatives

Summary

The Department of Homeland Security has finalized a sweeping regulatory change that eliminates the longstanding "duration of status" (D/S) framework for nonimmigrant visa holders in the F, J, and I classifications. The final rule, announced on July 16, 2026, replaces open-ended admission periods with fixed terms of stay, capped at a maximum of four years for students and exchange visitors. The rule is expected to take effect on September 15, 2026—60 days after publication in the Federal Register (pending congressional review).

The Upshot

• F and J nonimmigrants will be admitted for the length of their specific program, up to a maximum of four years, plus a 30-day grace period.
• Individuals who need additional time to complete their program beyond their initial authorized stay must depart the United States and be readmitted by Customs and Border Protection (CBP) or file an extension of stay (EOS) application with U.S. Citizenship and Immigration Services (USCIS), which may involve biometric vetting, background checks, and fraud screenings.
• The rule also affects I nonimmigrants (foreign media representatives), who will generally receive admission periods of up to 240 days.
• F, J, and I nonimmigrants will now automatically accrue unlawful presence if they remain in the United States beyond their fixed expiration date without timely filing a change or extension of stay application (i.e., filing the application before their current expiration).

The Bottom Line

Employers who employ individuals in F-1 practical training (OPT/STEM OPT), J-1 exchange visitor programs, or with I visa status should prepare now for the implications of this rule. Employees whose work authorization is tied to these visa classifications will face new extension filing or travel requirements, which may directly affect workforce planning and I-9 compliance.

Key Provisions

• Fixed Admission:
  • F and J nonimmigrants will be admitted for the program end date listed on their Form I-20 or DS-2019 (plus 30-day grace period) or four years (plus 30-day grace period), whichever is less.
• Accrual of Unlawful Presence:
  • With a fixed admission, individuals that remain in the United States beyond their fixed admission date will begin to accrue unlawful presence if a change or extension of stay application is not timely filed. Accrual of unlawful presence beyond 180 and 365 days can lead to three- and ten-year bars to entry, respectively.
• Mandatory Extensions or Travel:
  • F and J nonimmigrants who need more than four years to complete their program—common in doctoral and medical training programs—will need to apply for an extension or depart the United States and seek readmission to complete their program.

• Reduced Grace Period:
  • The time allowed for F-1 students to prepare for departure, transfer schools, or change status following completion of the program is reduced from 60 days to 30 days.

• Program Change Restrictions for F-1 Students:
  • Undergraduate students may not change their major or transfer to a new institution until after one full academic year at their current institution (except for extenuating circumstances).
  • Graduate students are barred from transferring to a new institution or changing majors entirely (except for extenuating circumstances).
  • F-1 students who complete a program at one education level are barred from pursuing another program at the same education level or lower (e.g., pursuing a second master’s degree in the United States).

• ESL Duration:
  • English as a second language training is limited to a maximum of 24 months, plus a 30-day grace period.

Transition Period for Current F and J Nonimmigrants

Current F and J nonimmigrants already in the United States under the previous D/S framework will transition to the new system automatically.

• F-1 nonimmigrants may remain in the United States through their program end date or through authorized OPT or STEM OPT, up to a maximum of four years beyond the date this rule takes effect, plus a 60-day grace period.
• J-1 nonimmigrants may remain in the United States through their program end date, up to a maximum of four years beyond the date this rule takes effect, plus a 30-day grace period.

If an F or J nonimmigrant departs the United States and reenters after the effective date of this rule, they will be admitted for the length of their specific program, up to a maximum of four years, plus a 30-day grace period.

Recommended Steps for Employers

• Identify Employees:
  • Work with immigration counsel to audit your workforce and identify employees whose work authorization is tied to F-1, J-1, or I status. Review Form I-9 records and immigration files to determine who may be subject to the new fixed-admission requirements and changes to employment authorization expiration.

• Track Expiration:
  • For each affected employee, determine when their current authorized stay and employment authorization will expire under the transition provisions and allow for adequate lead time for extension filings.

• Budget Costs:
  • Assess whether your organization will assist with or reimburse the costs of USCIS extension filings or international travel for affected employees and establish a consistent policy.

• Advanced Planning:
  • Work with immigration counsel to analyze the impact on each affected employee and develop a strategy that limits the likelihood of a gap in employment authorization (e.g., travel vs. extension, and potential alternative employment authorization options).

Given that the rule is expected to take effect in September 2026, employers should begin reviewing their immigration records and workforce composition now.