The U.S. immigration system has long allowed many international students, exchange visitors, and foreign media representatives to remain in the United States under the “Duration of Status” (D/S) framework. Instead of receiving a fixed expiration date upon admission, these individuals could generally remain in the country as long as they continued to comply with the conditions of their visa status.
On July 16, 2026, the Department of Homeland Security (DHS) issued a final rule that fundamentally changes this approach. The rule replaces the Duration of Status system with fixed periods of admission for F, J, and I nonimmigrants and introduces new procedures for those who require additional time in the United States.
What Does the Final Rule Change?
The final rule introduces several important changes:
- The Duration of Status (D/S) system will be replaced with a fixed period of admission.
- Eligible F, J, and I nonimmigrants will receive a specific period of authorized stay upon admission.
- Individuals who need additional time must apply to U.S. Citizenship and Immigration Services (USCIS) for an Extension of Stay (EOS).
- The rule will take effect 60 days after publication in the Federal Register.
Who Is Affected?
The rule applies to:
- F-1 academic students
- F-2 dependents
- J-1 exchange visitors
- J-2 dependents
- I visa holders (foreign media representatives)
Fixed Period of Admission
Starting September 15, 2026, F and J nonimmigrants will be admitted for the length of their approved academic or exchange program, up to a maximum of four years.
If additional time is needed to complete the program, an Extension of Stay (EOS) must be filed with USCIS before the authorized period expires.
Extension of Stay Will Require USCIS Approval
Students and exchange visitors who need more time to complete their program must submit an Extension of Stay application directly to USCIS.
According to DHS, the application process may include:
- Filing the required USCIS application
- Payment of applicable filing fees
- Collection of biometrics
- Background and security checks
- Review of eligibility and immigration history
Under the new rule, extension requests will be reviewed directly by USCIS rather than being handled through a school’s administrative process.
Grace Period Reduced from 60 Days to 30 Days
The final rule reduces the grace period available to many F-1 students after completing their studies.
Previously, eligible students generally had 60 days to prepare for departure, transfer schools, begin a new academic program, or apply for a change of status.
Under the new rule, this period is reduced to 30 days. Those currently in D/S, continue to have the 60-day grace period. Students should plan accordingly to avoid falling out of status.
Restrictions on Program Changes
The rule also introduces additional restrictions on academic program changes.
An F– 1 student at any level below the graduate degree level can change major or transfer schools only after they have completed their first academic year of a program of study in F–1 status at the school that initially issued their I-20, unless an exception is authorized by SEVP for extenuating circumstances.
An F-1 student at the graduate degree level is prohibited from changing educational objectives or transferring at any point during their program of study, unless an exception to the transfer provision is authorized by SEVP for extenuating circumstances.
An F–1 student is prohibited from maintaining, being admitted, or otherwise being provided F–1 status at the same or lower educational level after completing a program, after the effective date of this final rule.
Students considering changing schools, academic programs, or immigration status should carefully assess the immigration consequences before taking any action.
Students who fall out of compliance under the new fixed-period rules risk SEVIS termination – our guide on Visa Revocation and SEVIS Record Termination explains what that means and what steps to take.
What Happens to Current F, J, and I Visa Holders?
Individuals who are already in the United States under the Duration of Status framework will gradually transition to the new system.
There is a 4-year transition period for F or J nonimmigrants in D/S on the day the rule takes effect (09/15/2026). They do not need to have their Form I–94 changed to a fixed end date, provided they continue their studies or programs. They will be allowed to stay in D/S until the program end date on their DS–2019s and I–20s or 4 years after the effective date of the rule, whichever comes first. However, should these F and J nonimmigrants decide to travel abroad during this transition period, they will be issued a new I–94 with a fixed end date upon their return, consistent with the new rules.
In addition, students currently in F–1 status, and admitted for D/S, have till March 18, 2027, to file Form I–765 for post-completion OPT or a STEM OPT extension. They will not have to file an EOS application, unless they depart the United States before filing the Form I–765 for post-completion OPT or STEM OPT, and are subsequently admitted with a fixed period of admission. In such a case, they will need to file both Form I–765 and an EOS application.
Affected individuals should review their immigration status and determine whether they may need to apply for an Extension of Stay in the future.
Review our article on the updated USCIS STEM OPT policy for a detailed explanation of the current requirements, recent policy updates, and practical guidance on maintaining F-1 status.
What Happens after the EOS is Filed?
F–1 students with pending EOS applications will be considered to be in a period of authorized stay and may remain in the U.S while the application is pending. They may continue to pursue a full course of study, but are prohibited from engaging in employment until their EOS application and the application for OPT employment authorization are approved. The exceptions to this are:
- F-1 students in CPT who timely file a Form I– 539 for EOS. Their CPT will be automatically extended for up to 240 days or until USCIS adjudicates the EOS application.
- J–1 nonimmigrants for whom also employment is authorized during the pendency of a timely filed EOS, for up to 240 days.
F–1 students who file for employment authorization for STEM OPT will continue to remain eligible for the 180-day extension of their post-completion OPT EAD while their application for STEM OPT is pending.
Why Did DHS Introduce These Changes?
According to DHS, the final rule is intended to strengthen oversight of these visa categories and align them more closely with other temporary visa classifications that already have fixed periods of admission.
DHS states that the rule is designed to:
- Increase federal oversight.
- Strengthen security screening and background checks.
- Reduce immigration fraud.
- Promote continued compliance with immigration requirements.
- Create greater consistency across nonimmigrant visa categories.
What Should Students and Exchange Visitors Do?
Although the rule will not take effect immediately, affected individuals should begin preparing now. Here’s what you can do:
- Understand the period of admission that applies to their status.
- Monitor the rule’s effective date.
- Apply for an Extension of Stay before their authorized stay expires, if needed.
- Keep their academic and immigration records up to date.
- Seek legal advice before changing schools, academic programs, or immigration status.
Conclusion
The DHS final rule marks a significant change in the admission and oversight of F, J, and I nonimmigrants. Students, exchange visitors, and other affected individuals should understand the new requirements and plan ahead to maintain compliance with U.S. immigration law.
Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Receipt of this communication does not establish an attorney-client relationship. Please consult with a qualified immigration attorney regarding your specific circumstances.
