Last week, the US Department of Homeland Security (DHS) published a Final Rule that changes the admission period for nonimmigrants who enter the United States in F (student), J (exchange visitor), and I (foreign correspondent) status. This rule eliminates the “duration of status” (D/S) policy that has been in place for nearly 50 years. With D/S, individuals could be admitted for an indefinite period of time and could remain in the US as long as they were complying with the terms of F-1, J-1, or I-1 status. Unless the Final Rule is modified by Congress, beginning September 15, 2026, F-1 students and J-1 visitors will be admitted for a fixed period of up to four years, with an expiration date (Admit Until Date) listed on their Form I-94s rather than D/S. As a result, many F-1 and J-1 nonimmigrants will need to file a Form I-539 with USCIS to request an Extension of Stay (EOS). The Final Rule also imposes restrictions on the ability of foreign students to change their academic program, transfer schools, or continue their education in the US.

What will the new process be for F-1 students?

F-1 students will be admitted for the duration of their academic program as specified on Form I-20, up to a maximum of four years, or the end date on their OPT or STEM OPT EAD, whichever is later. Students will also be eligible for a 30-day grace period prior to the start of their academic program and a 30-day grace period following the end of their program—but this is a reduction from the 60-day grace period that has been available under the D/S framework.

Students who are unable to complete their academic program within their initial period of admission will have to apply for an EOS by filing Form I-539 with USCIS, paying the applicable filing fee, and completing biometrics. Acceptable reasons for requesting additional time include: (1) compelling academic reasons; (2) a documented illness or medical condition; or (3) exceptional circumstances beyond the student’s control. A pattern of academic probation or inability to complete coursework will not be an acceptable reason for an extension. Students who pursue post-completion OPT and STEM OPT will also have to apply for an EOS in conjunction with their application for the OPT EAD.

What will the new process be for J-1 visitors?

J-1 exchange visitors will be admitted for the duration of their exchange program as specified on Form DS-2019, up to a maximum of four years. Exchange programs exceeding four years—such as those for professors, research scholars, and physicians—will require an EOS application or a departure from the US and readmission at a port of entry.

What will the new process be for I-1 media correspondents?

Representatives of foreign media will be admitted for a period necessary to complete their activities or assignments, not to exceed 240 days. Individuals with passports from the People’s Republic of China will be limited to 90 days.

How will DHS transition F-1 and J-1 nonimmigrants who are currently in the US?

Beginning September 15, 2026, any F or J nonimmigrant who enters the US will be issued an I-94 for a fixed period of admission. F and J nonimmigrants who are currently in the US and were previously admitted for D/S will be authorized to remain in the US until the end date on their I-20 (F-1) or DS-2019 (J-1), up to a maximum of four years, plus a 30-day grace period for J nonimmigrants and a 60-day grace period for F nonimmigrants. However, if they depart the US and apply for re-entry, they will be issued an I-94 that expires at the end of their academic or exchange program, plus 30 days.

F-1 students who complete their academic programs and are eligible for post-completion OPT or STEM OPT will be required to file a separate EOS application with their EAD application. However, there is a reprieve for the first 6 months: F-1 students who hold a D/S I-94 and who timely file Form I-765 for post-completion OPT or STEM OPT on or before March 18, 2027, will not be required to file a separate I-539 application to extend their stay in F-1 status. However, if these individuals

What additional changes are imposed by the Final Rule?

• F-1 students pursuing graduate-level education (master’s or above) cannot change majors, transfer to another school, or change their educational level.
• F-1 students below the graduate level cannot change majors, transfer to another school, or change their educational level during the first year of study in the US.
• Once a program of study is completed, F-1 students cannot enroll in another program at the same or a lower educational level. Students can only continue their education by enrolling in a program at a higher educational level.
• English-language programs are capped at an aggregate 24 months. Primary and secondary school students are held to the same four-year maximum period of stay.
• F, J, and I nonimmigrants who overstay their authorized period of admission without timely filing an EOS application will begin to accrue unlawful presence. If they subsequently depart the US, they may become inadmissible based on that period of unlawful presence. Certain work-authorized F-1, J-1, and I-1 nonimmigrants will get an automatic work authorization extension of up to 240 days if they timely file an application for EOS.