DHS Eliminates "Duration Of Status" For F, J And I Nonimmigrants, Fixed Admission Periods And New Extension-of-Stay Rules Take Effect September 15, 2026

On July 17, 2026, the U.S. Department of Homeland Security (DHS), through U.S. Immigration and Customs Enforcement (ICE), published a final rule in the Federal Register (90 FR 44976) that eliminates the longstanding “duration of status” (D/S) admission framework for F academic students, J exchange visitors and I foreign media representatives. The rule, “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media,” replaces the flexible, program-length D/S admission period with fixed, time-limited periods of admission and a new formal extension of stay (EOS) process administered by U.S. Citizenship and Immigration Services (USCIS). The rule is effective September 15, 2026, subject to congressional review as a major rule.

This is one of the most significant structural changes to the F, J and I visa categories in decades. Universities, exchange visitor program sponsors, employers of F-1 and J-1 nonimmigrants, foreign media organizations and the nonimmigrants themselves should begin preparing now for the transition to fixed admission periods and the new EOS filing regime.

Background

For decades, F-1 students, J-1 exchange visitors and I nonimmigrant representatives of foreign information media have generally been admitted to the United States for “duration of status” — that is, for as long as they continued to comply with the terms of their status, rather than to a fixed expiration date noted on their Form I-94. DHS has now determined that the D/S framework provides insufficient oversight of these categories and has replaced it with fixed admission periods, consistent with the treatment of most other nonimmigrant classifications.

DHS published the proposed rule on August 28, 2025, and received close to 22,000 public comments. The final rule adopts the fixed-period framework with certain modifications and a transition period intended to reduce disruption for individuals already in the United States in D/S status.

Key Provisions of the Final Rule

Elimination of Duration of Status

The final rule strikes all references to “duration of status” from the DHS regulations governing F, J and I nonimmigrants. Going forward, F, J and I nonimmigrants will be admitted for fixed, defined periods rather than open-ended program-length admission.

Fixed Admission Periods for F and J Nonimmigrants

• Maximum four-year admission period. F and J nonimmigrants will be admitted for the length of their program, not to exceed four years.
• Clock starts at program start date. The four-year period is measured from the program start date reflected on the Form I-20 or Form DS-2019, not from the date of the nonimmigrant’s actual entry into the United States.
• Pre-arrival and grace periods excluded. The 30-day pre-arrival admission window and the post-completion departure grace period do not count toward the four-year maximum.
• Shorter departure grace period. The post-completion/post-program departure grace period for F-1 students is reduced from 60 days to 30 days. A student who completes (or ceases) a course of study or training early must depart the United States, or timely take action to maintain or change status, within 30 days.

Fixed Admission Periods for I Nonimmigrants

• 240-day admission period. Representatives of foreign information media (I nonimmigrants) will generally be admitted for up to 240 days.
• Shorter period for PRC passport holders. I nonimmigrants holding passports issued by the People’s Republic of China (excluding the Hong Kong SAR and Macau SAR) will generally be admitted for up to 90 days.
• Extension available. I nonimmigrants who require additional time may file for an extension of stay.

New Extension of Stay (EOS) Process

F, J and I nonimmigrants who require additional time beyond their fixed admission period must file Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS before their authorized period of stay expires. Key features of the new EOS process include:

• Biometrics. USCIS may require biometric collection in connection with an EOS filing, consistent with 8 CFR 103.16.
• F-1 students may continue studies while EOS is pending. An F-1 student who timely files an EOS application may continue pursuing a full course of study while the application remains pending with USCIS.
• J-1 training may continue. J-1 exchange visitors may continue authorized training activities while a timely filed EOS application is pending.
• I nonimmigrant employment may continue. I nonimmigrants may continue working for their foreign employer for up to 240 days (90 days for most PRC passport holders) while a timely filed EOS application is pending.

New Restrictions on F-1 Students

The final rule imposes several new substantive restrictions on F-1 students that go well beyond the shift to fixed admission periods:

• First academic year lock-in. F-1 students generally must complete their first academic year at the school that issued their initial Form I-20 before transferring to another school, absent a qualifying Student and Exchange Visitor Program (SEVP) exception.
• No change of educational objective for graduate students. Students at the graduate level are prohibited from changing their educational objective at any point during their program.
• No transfer for graduate students. Graduate-level students are likewise prohibited from transferring schools at any point, absent a qualifying SEVP exception for extenuating circumstances.
• “Upward only” progression between educational levels. A student who completes one educational level (e.g., bachelor’s) may only begin a new program at a higher educational level (e.g., master’s or doctorate)—not at the same or a lower level.
• 24-month cap on language training. Study in a language-training program is capped at an aggregate 24-month period, inclusive of breaks and annual vacation.
• Program delays generally will not support an extension. Academic probation, suspension and repeated inability to complete a program are generally deemed unacceptable bases for an EOS request.

EOS Criteria for F-1 Students

An F-1 student seeking an EOS beyond the fixed admission period generally must have continuously maintained status and must demonstrate one of the following:

• A compelling academic reason for the extension;
• A documented medical illness or condition; or
• Circumstances beyond the student’s control.

The student must also hold a currently issued Form I-20 indicating the additional time needed or otherwise submit documentation supporting the extension request.

Transition Provisions

DHS has built in a 60-day implementation window between publication and the September 15, 2026, effective date, along with transition rules intended to minimize disruption for individuals currently in D/S status:

• F and J nonimmigrants already in D/S. F and J nonimmigrants in D/S as of the effective date may remain in the United States until the program end date reflected on their Form I-20 or Form DS-2019, or four years from the effective date, whichever occurs first—without needing a corrected Form I-94.
• Travel during the transition triggers a fixed date. If an F or J nonimmigrant in this transitional group travels abroad and is readmitted after the effective date, they will receive a new Form I-94 reflecting a fixed admission date rather than D/S.
• OPT/STEM OPT filers get limited relief. F-1 students who timely file Form I-765 for post-completion OPT or STEM OPT on or before March 18, 2027, are not also required to file a separate EOS application.
• I nonimmigrants already in D/S. I nonimmigrants in D/S as of the effective date may remain for up to 240 days (90 days for most PRC passport holders, excluding Hong Kong SAR and Macau SAR).

Cap-Gap and Change of Status (COS)

• Cap-gap unaffected. The rule does not modify existing H-1B cap-gap protections for F-1 students.
• Abandonment upon departure. The rule codifies that a pending change of status application is deemed abandoned if the applicant departs the United States while the application remains pending.
• Readmission after an approved COS. New provisions govern how the period of stay is calculated for F or J nonimmigrants whose change of status was approved before the effective date, but who then depart and seek readmission after the effective date.

What This Means for You

For Employers

• Reverify Form I-9 and export control compliance timelines for F-1 (including OPT/STEM OPT) and J-1 employees against the new fixed admission periods rather than assuming continued D/S coverage.
• Coordinate with immigration counsel to timely file, or assist employees in timely filing, Form I-539 EOS applications well before expiration, particularly where continued employment authorization depends on a timely filed, pending EOS.
• Track the 240-day auto-extension window for eligible employment categories and calendar the outer limit—auto-extension is not indefinite.
• Review H-1B cap-gap planning for F-1 employees; while cap-gap protections are unchanged, the shortened grace period and fixed admission dates increase the importance of precise timeline tracking.

For F, J and I Nonimmigrants

• Confirm your program start date, fixed admission period and the resulting outer limit (up to four years for F/J; 240 days, or 90 days for most PRC passport holders, for I) as soon as your school, sponsor or employer can calculate it.
• If you are currently in D/S, understand the transition rule that applies to you—and be aware that international travel during the transition period will result in a new, fixed I-94 date upon reentry.
• If you will need more time than your fixed admission period allows, plan to file Form I-539 well before your authorized stay expires and gather documentation supporting a compelling academic, medical or beyond-your-control basis for the request (F-1 students).
• If you are a graduate-level F-1 student, understand that you generally cannot change your educational objective or transfer schools once your graduate program begins, absent a qualifying SEVP exception.
• If you are completing post-completion OPT or STEM OPT, confirm whether the transition relief for I-765 filers made on or before March 18, 2027, applies to you before assuming you also need to file a separate EOS.

For Universities and Program Sponsors

• Audit SEVIS/DS-2019 records to identify students and exchange visitors approaching program end dates and begin calculating fixed admission periods and EOS deadlines well in advance.
• Update internal advising materials, I-20 and DS-2019 issuance practices and transfer/change-of-objective procedures to reflect the new restrictions on graduate-level transfers and changes of educational objective.
• Train designated school officials and responsible officers on the new fixed-period framework, the reduced 30-day grace period and the narrowed grounds for extension requests.
• Flag students with a history of academic probation, suspension or repeated program delays for early counseling, since these are generally no longer acceptable bases for an extension.

Looking Ahead

Because the final rule is classified as a major rule, it remains subject to congressional review, and further implementing guidance from USCIS, ICE and the Department of State is expected before the September 15, 2026, effective date. Institutions and employers should not wait for that guidance to begin preparing by recalculating admission periods, updating advising and compliance workflows and identifying individuals who will need to file EOS applications in the coming months will require lead time. We will continue to monitor developments, including any implementing guidance, litigation or congressional action, and will provide updates as warranted. Individuals with questions or concerns are encouraged to contact their local congressional representative's office.

For More Information

If you have any questions about this Alert, please contact Maxine D. Bayley, Rick Adams, any of the attorneys in our Immigration Law Group or the attorney in the firm with whom you are regularly in contact.