By Bernard P. Wolfsdorf
On July 17, 2026, the Department of Homeland Security published a final rule eliminating Duration of Status, or D/S, for F students, J exchange visitors, and I foreign information media representatives.
The rule is scheduled to take effect on September 15, 2026, although the date could be affected by congressional review, litigation, or other government action.
The rule replaces D/S admission with fixed periods of stay shown on Form I-94 and creates a USCIS extension process for individuals who need additional time in the United States.
1. Duration of Status Is Ending
Most F-1 students and J-1 exchange visitors have historically been permitted to remain in the United States while complying with their programs. Individuals admitted or readmitted after the effective date will generally receive a fixed Form I-94 expiration date.
2. The Rule Covers F, J, and I Nonimmigrants
The rule applies to:
- F-1 students and F-2 dependents;
- J-1 exchange visitors and J-2 dependents; and
- I foreign media representatives and their dependents.
Admission and transition rules vary by category.
3. September 15, 2026, Is the Key Date
The current D/S framework remains in place until the scheduled effective date. Admissions and readmissions on or after September 15 will generally fall under the new system.
4. Form I-94 Expiration Dates Will Become Critical
F and J nonimmigrants entering or reentering after the effective date will generally receive a specific “Admit Until Date” rather than D/S.
Employers will need to track the Form I-94 in addition to program and employment-authorization documents.
5. F and J Admission Is Generally Capped at Four Years
F and J nonimmigrants will generally be admitted through the program end date shown on Form I-20 or DS-2019, but for no more than four years.
They may also receive up to 30 days before the program and 30 days afterward. Those periods do not count against the four-year maximum.
6. Extensions Will Require USCIS Filings
Individuals needing additional time beyond the Form I-94 expiration date will generally need to file a timely extension-of-stay application or depart and seek readmission.
The process may involve filing fees, biometrics, security checks, interviews, delays, and denial risk.
7. Employers Must Track Multiple Immigration Dates
Employers may need to monitor:
- Form I-94 expiration;
- Form I-20 or DS-2019 end dates;
- EAD expiration;
- practical-training authorization; and
- extension filing and approval dates.
These dates may not be identical.
8. The F-1 Grace Period Is Reduced to 30 Days
F-1 students admitted or readmitted under the new rule will generally have 30 days after completing their program or authorized practical training to depart or seek another lawful basis to remain.
Current F-1 students covered by the transition rules may retain the existing 60-day period.
9. Existing D/S Holders Receive Transition Protection
F and J nonimmigrants who are physically present, maintaining status, and admitted for D/S on September 15, 2026, will not immediately receive a fixed-date Form I-94.
They may generally remain until the later of:
- the expiration date on a valid EAD; or
- the program end date on Form I-20 or DS-2019.
The transition period generally may not extend beyond November 14, 2030, for F nonimmigrants or October 15, 2030, for J nonimmigrants.
10. Travel Can Trigger the New System
A current D/S holder who departs and reenters after the effective date should expect a fixed Form I-94 expiration date.
Travel may therefore move an individual into the new system earlier than otherwise required.
11. OPT and STEM OPT Planning Will Be More Complex
Students pursuing OPT or STEM OPT may need both valid employment authorization and an unexpired admission period or timely filed extension application.
An unexpired EAD alone may not resolve every status issue.
12. Employers Should Recheck Form I-94 After Travel
A returning employee’s Form I-94 expiration date may change after reentry. Employers should update internal tracking after international travel.
13. Long-Term Academic and Medical Programs Face Greater Risk
Doctoral programs, medical residencies and fellowships, research appointments, and other programs with uncertain timelines are more likely to require extension filings.
Universities, hospitals, and research institutions should identify affected individuals early.
14. J-1 Physicians and Researchers Need Additional Monitoring
Hospitals and academic institutions hosting J-1 physicians, researchers, professors, and specialists should anticipate fixed admission periods and possible USCIS extension filings.
Some J-1 categories may be subject to program-specific limits shorter than four years.
15. English-Language Study Is Capped at 24 Months
F-1 students in English-language programs will generally be limited to an aggregate of 24 months of language study, including breaks and annual vacation, followed by a 30-day departure period.
16. Pathway Programs Require Review
Integrated pathway programs at the same institution may fit within a single admission period, subject to the four-year maximum.
Programs involving separate institutions, sequential admissions, or extended language study may require closer analysis.
17. Academic Transfers and Changes Are Restricted
Undergraduate students generally may not transfer or change educational objectives during the first academic year without an SEVP-authorized exception.
Graduate students generally may not transfer or change their major or educational level during the program, absent an approved exception.
18. Same-Level or Lower-Level Study Is Restricted
A student completing a U.S. program after September 15, 2026, generally may not continue in F-1 status for another program at the same or a lower educational level.
Progression to a higher level remains permitted. Programs completed before the effective date generally do not count toward this restriction.
19. Dependents Cannot Outlast the Principal
F-2 and J-2 dependents generally may not be admitted or extended beyond the principal’s authorized stay.
Families may need coordinated extension filings.
20. USCIS Delays Could Disrupt Employment
A timely extension filing may permit the individual to remain while the case is pending, but it does not always authorize continued employment.
Processing delays could interrupt employment, research, training, or onboarding.
21. Employers Should Coordinate With Schools and Sponsors
Employers should work closely with DSOs, Responsible Officers, university international offices, program sponsors, and immigration counsel.
Coordination will be especially important for OPT, STEM OPT, Academic Training, transfers, extensions, level changes, and travel.
22. Offer Letters Should Avoid Overpromising
Employers should avoid suggesting that work authorization, immigration status, or extension approval is guaranteed.
Employment should remain contingent on valid immigration and work authorization.
23. Compliance Costs Will Increase
The rule will increase filing fees, legal expenses, biometric requirements, training costs, advising demands, and internal tracking responsibilities.
DHS estimates substantial annual costs for nonimmigrants, schools, sponsors, and employers.
24. Recruiting International Talent May Become Harder
The rule may make U.S. study and employment pathways less predictable.
Employers should expect more questions about extension timing, travel, work authorization, and the risk of employment interruptions.
25. Employers Should Prepare Now
Before September 15, employers and institutions should:
- identify employees and program participants in F, J, and I status;
- distinguish current D/S holders from those entering the fixed-date system;
- track Forms I-94, I-20, DS-2019, and EAD expiration dates;
- identify individuals likely to require extensions;
- update onboarding and reverification procedures;
- collect updated Forms I-94 after travel;
- coordinate with schools and program sponsors;
- train HR, recruiting, mobility, and academic teams; and
- establish escalation procedures for extensions and work-authorization gaps.
Employer Takeaway
This rule represents one of the most significant changes to the international student and exchange-visitor system in decades.
For employers, the practical message is straightforward: fixed dates will drive immigration risk.
Employers must track Form I-94 expiration dates, anticipate USCIS extension filings, and plan earlier for OPT, STEM OPT, Academic Training, medical and research appointments, program extensions, and international travel.
The United States will remain an important destination for global talent, but employing and hosting that talent will require significantly greater planning and compliance oversight.
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