DHS Final Rule Eliminating Duration Of Status System To F, J, And I Visa Programs

Earlier this month, the U.S. Department of Homeland Security (DHS) amended its regulations to limit the admission period for individuals in F, J, and I classifications – those categories designated for students, exchange visitors, and foreign media representatives – from “duration of status” to a fixed time period. The changes, which follow the rule initially proposed in August 2025 and take effect in September 2026, also include modifications to admission and extension requirements. 

The F-1 category in particular will be limited to a four-year period, as well as experience a reduction in the permitted grace period, decreasing the grace period from 60 to 30 days. Further, while still in the classroom, students will be restricted in their ability to alter academic plans, including changing subjects or locations of study. The status of impacted students currently in the United States will be limited to four years from the date of implementation of the rule, set to take place on September 15, 2026. 

As the basis of the rule, DHS referenced additional protections and enhanced capabilities with respect to monitoring maintenance of status within these nonimmigrant visa categories. For impacted individuals, the changes will involve additional steps: filing extension applications with U.S. Citizenship and Immigration Service (USCIS), submitting biometrics, and providing evidence of eligibility. Across all three categories, individuals who exceed the permitted period of stay will begin to accrue “unlawful presence,” risking potential determinations of inadmissibility.

With the implementation date less than a few months away, Barnes & Thornburg encourages employers, academic institutions, and other stakeholders to provide notice of these changes to affected individuals prior to the implementation of the rule. Following each entry to the United States, nonimmigrant visa holders in these categories should consult with counsel to review the I-94 record in the interest of ensuring the accurate application of the new rule.