On July 17, 2026, the Department of Homeland Security published a final rule, set to go into effect on September 15, 2026, which will end duration of status (D/S) admission for individuals entering the United States on F-1 (student) visas, J-1 (exchange visitor) visas, and I-1 (representatives of foreign information media) visas, and their dependent family members. Individuals entering the U.S. on these visas will now be admitted for a fixed period of time. The new rule also reduces the post-completion grace period for F-1 students from 60 days to 30 days.

By way of background, while most nonimmigrants admitted to the US are issued an I-94 document from CBP with an admission and end date, F, J and I visa holders are admitted for the duration of their status (“D/S”). The D/S notation currently allows them to remain in the U.S. for as many programs that they wish without having to exit the U.S. or apply for an extension of status.

Under the new rule, F-1 and J-1 nonimmigrants will only be admitted for up to the length of their program listed on their Form I-20 or DS-2019, not to exceed a period of 4 years, plus a 30-day grace period. Those who would like to stay in the U.S. beyond their fixed period of admission, including individuals applying for OPT/STEM OPT, J-1s whose exchange programs are longer than 4 years, and individuals starting a new course of study or exchange visitor program, will need to file an application for extension of status (EOS) with U.S. Citizenship and Immigration Services (USCIS) or depart the U.S. and re-enter with a new I-20 or DS-2019.  

I-1 nonimmigrants will be admitted for a period of time necessary to complete their assignment, not to exceed 240 days, unless they hold a passport issued by the People’s Republic of China (other than Hong Kong or Macau Special Administrative Region (SAR) passports). Admission for I-1s with passports issued by the People’s Republic of China is not to exceed 90 days.

Transition Procedures

F and J nonimmigrants who have been admitted for D/S and are present in the U.S. on the rule’s effective date will be able to remain in the US up to their program end date (as reflected on their I-20 or DS-2019) for a period not to exceed 4 years from the rule’s effective date, plus an additional 60 days for F nonimmigrants and 30 days for J nonimmigrants. However, should an F or J nonimmigrant depart the U.S. after the rule’s effective date, upon return to the U.S., they will be admitted with a new fixed admission period based on the new rule.

F-1 nonimmigrants admitted for D/S who are present in the U.S. on September 15, 2026 and who timely filed an application for OPT or STEMP OPT on or before March 18, 2027 are not required to file an extension of status application for that OPT or STEM OPT period.

I nonimmigrants who have been admitted for D/S and are present in the U.S. on the final rule’s effective date will be permitted to remain in the U.S.  for a period necessary to complete their activity, not to exceed 240 days from the rule’s effective date, unless they are  PRC China passport holders (other than Hong Kong SAR and Macau SAR passport holders), in which case the period is not to exceed 90 days.

The transition procedures do not apply to individuals who are outside the U.S. when the final rule takes effect, or to those who entered on F, J, or I visas and are not maintaining their status.  

Applying for an Extension of Status

Individuals in the U.S. in F, J, or I status who seek to extend their stay beyond the fixed date granted to them will need to either file an EOS application or depart the U.S. and reenter with a new I-20 or DS-2019. USCIS may require applicants for EOS to undergo biometrics screening.

Those in F–1 status whose admission period as indicated on Form I–94 has expired, but who have timely filed an EOS application, will be authorized to continue pursuing a full course of study while USCIS adjudicates the EOS application. If authorized for CPT, on-campus employment, or employment based on severe economic hardship, they may also continue to work for up to 240 days while their EOS application is pending.

Those in J-1 and I-1 status will continue to benefit from existing rules that provide a 240-day automatic extension of employment authorization upon the timely filing of an EOS application.

The new rule does not impact the automatic 180-day extension of employment authorization for F-1s applying for STEMP OPT or cap-gap protections. These provisions remain in place.

International Travel After Applying for Extension of Status

If an F or J nonimmigrant travels internationally after filing for EOS, they may re-enter the U.S. without abandoning their EOS application if their return is within the time covered by their previous admission period.

Alternatively, an F or J nonimmigrant may travel, and upon reentry, present a new I-20 or DS-2019, and receive a new period of admission (tied to their program end date plus 30 days, but not to exceed 4 years). If a new period of admission is granted, the pending EOS application will be considered abandoned as it is no longer necessary. If the EOS application was filed concurrently with an I-765 (for STEM or STEM OPT), the I-765 will not be considered abandoned.

Restrictions on School Transfers and Changes of Educational Objectives

The new rule places new restrictions on F-1 students.

• Undergraduate students cannot transfer schools or change their educational objectives within their first academic year of study unless there are extenuating circumstances (such as a school closure or a prolonged inability to hold classes due to a natural disaster)
• Graduate students cannot change their educational objectives at any point during their program of study.
• Graduate students cannot transfer schools unless there are extenuating circumstances.
• Students who completed a program in F-1 status at one educational level cannot pursue a second program at the same educational level or a lower educational level.

Under the final rule, DHS has the discretion to postpone or temporarily lift the new restrictions on school transfers, changes in educational objectives, and enrollment in same- or lower-level programs for up to two years following the rule’s effective date

Practical Impact & Considerations

Admission for “D/S” previously provided F, J, and I visa holders with benefits unique to other visa types, most notably, that they could not accrue “unlawful status” if they remained in the U.S. beyond their program end date. Under the new rule, these visa holders will no longer have this added protection. They will accrue unlawful presence in the U.S. if they overstay the fixed expiration date on their I-94 record, which can result in severe penalties ranging from cancellation of the F/J/I visa in the passport to a 10 year bar to reentry into the U.S., depending on the length of overstay. Individuals in F, J, and I status will need to carefully check their I-94 records after each admission to the U.S. and monitor their I-94 expirations, and if an extension is required to complete their program or for a new program, plan to file any EOS applications as early as possible to ensure maintenance of status and to avoid potential gaps in work authorization. Additionally, individuals currently in the U.S. in F, J, or I status, and their employers, should check the expiration of their current I-20 and DS-2019 documents to consider the impact of this new rule on the expiration of their status and ability to pursue additional programs and study.

Visa applicants and their employers should consult their Pryor Cashman attorney with any questions or concerns about the latest available information.

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Counsel Linda Sabatello was a contributing author to this client alert.