Duration of Status Eliminated for F, J, and I Visa Holders

By Melany Savitt, Corinne Brooks, Melina LaMorticella, and Alan Perkins

The Department of Homeland Security (DHS) published a final rule that takes effect on September 15, 2026, eliminating the longstanding Duration of Status (D/S) admission designation for F, J, and I visa holders. The rule will replace flexible D/S admissions with fixed periods of admission which will require F, J, and I visa holders to apply for extensions of status beyond their fixed admission period. On August 18, 2026, a lawsuit was filed by a coalition of higher education organizations and unions requesting emergency relief to block the final rule from going into effect on September 15. 

Please note, this news alert will focus on F and J nonimmigrants.

Fixed Period of Admissions

Under the new rule, F and J nonimmigrants will be admitted until:

• The program end date listed on Form I-20 (F-1) or Form DS-2019 (J-1); or
• The expiration date of an approved Employment Authorization Document (EAD) (either OPT or STEM).

I-94 expiration dates are not to exceed four years, except:

• F-1 and J-1 nonimmigrants can enter up to 30 days prior to program start date
• I-94 records should also include a 30-day departure or “grace” period
  • F-1 students will no longer have a 60-day grace period

If additional time is needed to complete an academic program or authorized F -1 or J-1 employment:

• File an Extension of Stay application with U.S. Citizenship and Immigration Services (USCIS), or
• Depart the U.S. to obtain a new period of admission.

Who Is Impacted

• According to the Department of Homeland Security Student and Exchange Visitor Program (SEVP) FAQ and Quick Facts Sheet:
  • F-1 students currently in the U.S. with an I-94 record indicating D/S, may remain in the U.S. without applying for an extension up to the Form I-20 program end date, OPT end date, or STEM OPT end date if the period does not exceed Nov. 14, 2030
  • International travel after the effective date will activate the new rule and result in an I-94 record with a fixed period of admission
• For detailed information, see the following FAQ and Quick Facts Sheet from the Department of Homeland Security Student and Exchange Visitor Program (SEVP).

The New Rule

• Increases risks for accruing unlawful presence which impacts future immigration benefit requests; 
• Imposes new compliance requirements for schools and J-1 sponsoring organizations; and
• Imposes new restrictions on changing educational levels, changing majors, and transferring to other schools.

Contact Immigration Counsel

If you hold F-1 or J-1 status and have questions about how this rule may impact you, please contact your immigration counsel.

This client alert is prepared for the general information of our clients and friends. It should not be regarded as legal advice. If you have any questions regarding this update, or for more information about this topic, please contact any of the attorneys in our Business Immigration Practice Group, or the attorney with whom you normally consult.