The Department of Homeland Security has finalized a rule ending “duration of status” for F-1 students, J-1 exchange visitors, and I representatives of foreign information media. For the first time, these categories will be admitted for a fixed, date-certain period rather than for as long as they remain in an authorized program. The rule is scheduled for official publication in the Federal Register on July 17, 2026, with an effective date of September 15, 2026. Employers who sponsor this workforce, and the students, exchange visitors, and media representatives themselves, should start preparing now, with enough lead time to do it right.
Note: This alert is based on the advance copy of the final rule released ahead of its scheduled July 17, 2026 Federal Register publication. We do not anticipate substantive changes between the advance copy and the published version, but we will revise this alert promptly if the official publication reflects any technical corrections.
Background
For decades, F-1 students, J-1 exchange visitors, and most I nonimmigrants have been admitted to the United States for “duration of status,” an open-ended period that lasts as long as the individual is pursuing an authorized program, plus a grace period to depart or transition. Unlike almost every other nonimmigrant category, they have not needed to apply to USCIS for an extension of stay simply to continue an ongoing program. A revised Form I-20 or DS-2019 from the school or program sponsor has generally been enough.
DHS first proposed eliminating duration of status for these categories in 2020, but withdrew that proposal in 2021 before it was finalized. DHS revived the effort with a new proposed rule in August 2025, arguing that duration of status leaves immigration officers too few opportunities to directly verify that F, J, and I nonimmigrants are complying with their status, and that the volume of these populations, over 2.3 million admissions a year, has made that gap harder to justify. The rule finalized today adopts that proposal with only modest changes.
New Admission Periods for F-1, J-1, and I Nonimmigrants
F-1 and J-1 principals and their dependents will be admitted for the length of their program, including authorized practical training, up to a maximum of four years, plus a 30-day period before the program start date and a 30-day period after program completion to depart or take further action. The prior 60-day post-completion grace period for F-1 students is now 30 days. I nonimmigrants and their dependents will be admitted for the time needed to complete their assignment, up to 240 days, except for holders of a passport issued by the People’s Republic of China, other than Hong Kong or Macau SAR passports, who are capped at 90 days.
Extensions of Stay Are Now Required
Anyone who needs more time, whether to finish a longer program, complete OPT or STEM OPT, change schools, or extend a J or I program, must now file an extension of stay with USCIS before the fixed period expires. A revised Form I-20 or DS-2019 from a school or program sponsor is no longer enough on its own.
Accrual of Unlawful Presence
Unlike the current framework, unlawful presence will begin accruing the day after the fixed admission period lapses, the same rule that already applies to nearly every other nonimmigrant category. Previously, unlawful presence generally only began after a formal USCIS or immigration judge finding of a status violation. This is one of the most consequential changes in the rule, since it removes the buffer that F, J, and I nonimmigrants have relied on if a filing is late or a program runs long.
Automatic Extensions of Work Authorization
DHS has preserved several automatic extension mechanisms so a pending extension request does not automatically interrupt employment:
- F-1 students with a timely filed STEM OPT extension continue to receive the existing automatic 180-day extension.
- F-1 students authorized for on-campus employment, curricular practical training, or severe economic hardship employment now receive a new automatic 240-day extension while a timely filed extension of stay is pending.
- J-1 and I nonimmigrants continue to benefit from the existing 240-day automatic extension (90 days for most PRC passport holders in I status).
New Restrictions on F-1 School and Program Changes
Undergraduates may not change schools, majors, or education levels within their first academic year without an approved exception. Graduate students may not do so at any point in their program absent an approved exception. And a student who completes a program is not eligible to pursue another program at the same or a lower educational level.
Transition Rules for Those Currently in D/S
Anyone validly maintaining F, J, or I status on the effective date does not need to file anything to convert to the new framework. DHS will treat their authorized stay as ending on the program completion date listed on their current Form I-20 or DS-2019, capped at four years from the effective date, plus the applicable 60-day (F) or 30-day (J) grace period.
I nonimmigrants transition to the same 240-day (or 90-day, for most PRC passport holders) framework described above.
A narrower accommodation applies to F-1 students with a pending or soon-to-be-filed post-completion OPT or STEM OPT application. Those who file by March 18, 2027 (244 days after the rule’s July 17, 2026 Federal Register publication) generally do not need to file a separate extension of status, just the employment authorization application itself. If that application is approved, the student remains authorized in F-1 status until the EAD’s expiration date, plus 60 days. If it is denied, the student remains authorized until the Form I-20 program end date, plus 60 days, as long as they continue pursuing a full course of study. DHS has reserved discretion to extend this filing window further in six-month increments, so this deadline should be confirmed rather than assumed fixed. These transition accommodations do not extend to anyone who is outside the United States on the effective date, or to anyone already out of status.
Other Notable Changes
- Change of status while traveling. DHS is now codifying, rather than applying informally, its policy that a change of status application is deemed abandoned if the applicant departs the United States while it is pending.
- Scope of the I classification. DHS clarified that the I classification requires content that is primarily journalistic, such as news, investigative reporting, or documentaries. Entertainment programming, including most reality television, does not qualify.
- Deference policy is unaffected. An earlier draft of the proposal had appeared to eliminate the existing regulatory deference given to prior USCIS approvals in related nonimmigrant petition adjudications. DHS has since clarified that this was a citation error, not an intended policy change, and the deference regulation remains in place.
Why This Is Not Entirely Settled
Today’s final rule is real, and employers should plan around it. But several sources of uncertainty remain, and it would be premature to treat every detail as permanently fixed:
- DHS has classified this as a “major rule” subject to congressional review. If that review changes the timeline, DHS will publish a separate Federal Register notice announcing the actual effective date, and we will update this alert if that occurs.
- DHS has reserved discretion to adjust two significant provisions after the fact. It can extend, in six-month increments, the transition accommodation described above. And it can delay or suspend, for up to two years, the new restrictions on F-1 students changing schools, majors, or education levels. Neither of these is guaranteed to happen, but neither should be assumed permanent either.
- DHS anticipated legal challenges to this rule. It built provision-specific severability clauses into the regulatory text so that a successful challenge to one piece, such as the shorter admission period for PRC passport holders in I status, would not necessarily unwind the rule as a whole. That is a signal worth reading: DHS expects at least parts of this rule to be tested in court.
What Employers Should Do Now
Employers who sponsor F-1 or J-1 workers, or who host I nonimmigrants, should begin building a tracking process now, before individual admission dates start to surface on their own.
Priority items to address:
- Inventory every F-1 employee currently on OPT or STEM OPT, and every J-1 trainee, intern, or research scholar you sponsor or host, along with each person’s current program end date. These individuals face the most immediate exposure and should be reviewed first.
- Build a fixed-date tracking calendar for this population, the same way you already track H-1B deadlines, with advance internal alerts well ahead of each admission date.
- Coordinate early with university Designated School Officials and exchange program Responsible Officers on anyone who will need an updated Form I-20 or DS-2019 to support an extension filing.
- Review I-9 reverification timing for affected employees, since the fixed admission date will now generally control the reverification deadline rather than an open-ended D/S notation.
International Travel While an Extension Is Pending
Departing the United States while an extension of stay or change of status application is pending can affect whether that application is treated as abandoned, and the outcome depends on the specific circumstances of the departure and the documentation presented at the port of entry. Before any F, J, or I employee travels while an application is pending, confirm with immigration counsel how that specific departure will be treated.
Employees should carry documentation of the timely filed application, such as a USCIS receipt notice, and should not assume that travel is risk-free simply because a filing is already in progress.
What F, J, and I Nonimmigrants Should Know
If you are an F-1 student, J-1 exchange visitor, or I nonimmigrant, start by finding the program completion date on your current Form I-20 or DS-2019. Under the transition rules above, that date, plus the applicable grace period, generally becomes your new fixed admission date. You do not need to file anything to receive this transition date if you are validly maintaining status on the effective date.
Be aware that a revised I-20 or DS-2019 alone will no longer keep you in status past your admission date. If you need more time, you must file an extension of stay with USCIS before that date. Talk to your DSO or RO well before your admission date, since USCIS processing can take months. Most importantly, understand that the clock now starts immediately. Unlawful presence begins accruing the day after your admission period ends, whether or not USCIS has formally found a status violation. Missing your date, even briefly, can carry real consequences for future visas or admission to the United States.
How Goel & Anderson Can Help
Goel & Anderson has spent more than 30 years building high-volume tracking and filing infrastructure for corporate immigration programs, most visibly for H-1B and PERM. This rule extends that same discipline to a population most employers have never had to track on a fixed calendar before. We are ready to help clients inventory their F-1, J-1, and I populations, build a compliance calendar, and prioritize filings before individual admission dates become urgent. If you have questions about how this rule affects your workforce, please contact us.
Frequently Asked Questions
What is “duration of status” and why is DHS eliminating it?
Duration of status, or D/S, is the current policy of admitting F-1 students, J-1 exchange visitors, and I foreign media representatives for as long as they are pursuing an authorized program, rather than to a specific end date. DHS says D/S makes it harder to verify that these nonimmigrants are complying with their status, and the final rule replaces it with a fixed admission period to allow more regular review.
When does the duration of status final rule take effect?
The rule is scheduled for official publication in the Federal Register on July 17, 2026, with an effective date of September 15, 2026, 60 days later. DHS has classified it as a major rule subject to congressional review, which could change that date; if so, DHS will publish a notice announcing the actual effective date.
Do F-1 students automatically lose status on the effective date?
No. Anyone validly maintaining F-1, J-1, or I status on the effective date transitions automatically to a fixed admission date tied to their current program end date, capped at four years (or 240 days, or 90 days for most PRC passport holders in I status) from the effective date, without needing to file anything.
Does an F-1 student on OPT or STEM OPT need to file an extension of status?
Generally yes, once the fixed admission period is reached, with one exception. F-1 students who already have, or who file by March 18, 2027 (244 days after the rule’s July 17, 2026 Federal Register publication), a pending post-completion OPT or STEM OPT application generally only need to file the employment authorization application, not a separate extension of status. If that application is approved, the student remains authorized in F-1 status until the EAD’s expiration date, plus 60 days; if denied, until the Form I-20 program end date, plus 60 days. DHS has reserved discretion to extend this filing window further in six-month increments, so it should be confirmed rather than assumed.
What happens if an F, J, or I nonimmigrant stays past their new fixed admission date?
They begin accruing unlawful presence the day after the admission period expires, the same standard that already applies to most other nonimmigrant categories. This is a change from current policy, under which unlawful presence generally only accrued after a formal USCIS or immigration judge finding of a status violation.
Does this rule eliminate USCIS’s deference policy for extension and other nonimmigrant petitions?
No. An earlier draft appeared to eliminate the existing regulatory deference given to prior USCIS approvals involving the same parties and facts, but DHS has clarified this was a citation error. The deference regulation remains in place, though DHS noted it could revisit the policy in a future rulemaking.
How does this rule affect employers with F-1 or J-1 employees?
Employers should expect a significant increase in the extension filings needed to keep this workforce in status, and should treat F-1 OPT/STEM OPT employees and J-1 trainees the same way they already track other visa and status expiration dates, with advance internal alerts, updated I-9 reverification timing, and coordination with university Designated School Officials or program Responsible Officers well before each fixed admission date.
This client alert is provided for informational purposes only and does not constitute legal advice. The legal and regulatory landscape described in this alert is subject to change. Please consult with qualified immigration counsel before taking action in reliance on this alert.
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