DHS Finalizes Rule Ending “Duration of Status” for F, J, and I Nonimmigrants

DHS has finalized a rule replacing “duration of status” (D/S) admission for F-1 students, J-1 exchange visitors, and I nonimmigrant representatives of foreign media with a fixed period of admission. The new rule will require these nonimmigrants to file for an extension of stay (EOS) with USCIS (or depart and seek readmission) if they need to remain beyond that fixed date. The rule was published on July 17, 2026 and will take effect on September 15, 2026.

DHS reports it received nearly 22,000 public comments on the September 2025 proposal, the vast majority of which are addressed at length in the final rule’s preamble. Despite the volume and substance of opposition comments, DHS adopted the bulk of the proposed changes as originally drafted, with some modifications discussed below.

Key Changes Impacting the F-1, J-1, and I Visa Classifications

• Fixed admission period for F-1 and J-1 visa holders (and dependents): Admission and any subsequent extension will be capped at the length of the program listed on the Form I-20 or DS-2019, not to exceed 4 years.
• Fixed admission period for I nonimmigrants: Admission will be capped at 240 days (with a shorter 90-day period continuing to apply to most representatives of media organizations presenting a PRC passport, excluding Hong Kong/Macau SAR passport holders).
• EOS requirement: Anyone needing more time must file an extension of status (EOS) application with USCIS before the fixed period expires (or depart and seek readmission).
• Reduced departure/grace period for F-1 students: The period for F-1 students to prepare to depart after completing a program (or authorized post-completion practical training) is cut from 60 to 30 days, aligning F-1 with the J-1 grace period, as proposed.  F-1 students eligible for post-completion OPT must also file an application for an Employment Authorization Document (EAD) within 30 days (rather than 60 days) after completion of their program or program end date.
• Restrictions on changing educational objective and school transfers:
  • F-1 students at any level below the graduate degree level must complete their first academic year of a program of study at the school that initially issued their Form I-20 before being eligible to change their educational objective or transfer to a new school absent a SEVP-authorized exception for extenuating circumstances.
  • F-1 students at the graduate level or above are barred from changing educational objectives at any point during their program, and are barred from transferring schools during their program absent an SEVP-authorized exception for extenuating circumstances.
• Same-or-lower-level enrollment barred: An individual who completes a program at one educational level generally may only begin a new program as an F-1 student at a higher level – not the same or a lower level. This change effectively eliminates the option for individuals to enroll in a second graduate degree program that provides immediate work authorization, generally known as Day 1 CPT. DHS is expected to provide additional guidance on how it will define educational levels and determine whether a student’s program of study reflects upward academic progression.
• Unlawful presence exposure: Once a fixed admission period expires without an approved extension, the individual is out of status and begins accruing unlawful presence for purposes of the statutory 3- and 10-year inadmissibility bars, a marked change from the “D/S” framework, under which unlawful presence only began accruing once an immigration judge formally found a status violation.
• Biometrics: USCIS may require biometrics in connection with EOS applications for F, J, and I nonimmigrants.

Impact on Existing F-1/J-1 Populations and Transition Provisions

Individuals admitted for D/S who are physically present in the United States on September 15, 2026, the rule’s effective date, will convert to a fixed admission period, with an end date to be the later of the program end date on the individual’s current I-20 or DS-2019, or the expiration date of the individual’s EAD, but capped at no more than 4 years from the rule’s effective date, regardless of program length.  The grace period for this transition group is preserved at legacy length, which is 60 days for F-1 non-immigrants.  Individuals who leave the U.S. and reenter on or after September 15, 2026, will be admitted with a new Form I-94 reflecting a fixed admission date.

Under the transition provisions, individuals with filed OPT or STEM OPT EAD applications that are pending on September 15, 2026 or are filed on or before March 18, 2027 will not be required to file an EOS application. (DHS reserves discretion to extend this transition period through notification in the Federal Register).

Automatic EAD Extension Provisions

The regulation preserves the 180-day automatic extension of employment authorization for F-1 students who timely file for a STEM OPT extension as well the automatic cap-gap extension for F-1 students with a timely filed H-1B cap petition for change of status, through April 1 of the fiscal year.

The rule also provides for automatic extension of work authorization during a pending EOS for F-1 students holding employment authorization for curricular practical training (CPT), on-campus employment or due to economic hardship.  The auto-extension runs up to 240 days or the end date of any Federal Register notice suspending the relevant requirements, whichever is earlier.

J-1 and I nonimmigrants who are employment-authorized incident to status will continue to benefit from the 240-day auto extension if their status expires while a timely EOS application is pending. J-2 dependents, who must hold an EAD rather than being authorized incident to status, do not receive this benefit once their EAD expires.

New Version of Forms I-539/I-539A, I-765, I-20, and I-17 or Successor Forms Expected

DHS is expected to revise Form I-539 (Application to Extend/Change Nonimmigrant Status) and its companion Form I-539A, Form I-765 Application for Employment Authorization, as well as ICE Forms I-20 and I-17. SEVP/SEVIS system updates needed to support the new fixed-admission and EOS framework are also expected.

Practical Implications for Employers, Schools, and Foreign National Employees

Our September 2025 alert examined how this shift would increase filings, processing backlogs, and administrative burden. The final rule confirms and, in some respects, sharpens that picture:

• Institutions, program sponsors, and employers relying on F-1 OPT/STEM OPT workers, J-1 researchers or physicians, or I nonimmigrant media staff will need to track fixed admission-period end dates the same way they track other nonimmigrant status expirations, and build in lead time for EOS filings.
• Unlawful presence risk is now immediate upon expiration, rather than contingent on a judge’s finding, considerably raising the stakes of a missed or late EOS filing compared to the D/S regime.
• The bar on changing educational objectives or transferring schools at the graduate level will limit flexibility for J-1 and F-1 researchers whose programs evolve, absent a qualifying SEVP exception.

Gibney will continue to monitor developments and provide updates as additional information becomes available including detailed FAQs for existing clients.   Please contact your Gibney attorney to discuss how this final rule may affect current or upcoming F, J, or I nonimmigrant filings, or transition planning for individuals currently in D/S status.

Jennifer Davis