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DHS to End “Duration of Status” Admissions for F-1 Students and J-1 Exchange Visitors

Rebecca M. Bentley

Rebecca M. Bentley

  716.844.3744

  rbentley@hselaw.com

Yubin (Lucy) Oh

  585.231.1189

  yoh@hselaw.com

On July 17, 2026, the Department of Homeland Security (DHS) published a final rule replacing the “Duration of Status” or “D/S” admission period for F-1 students and J-1 exchange visitors with a fixed end date. The rule, which takes effect on September 15, 2026 (the “effective date”), also establishes procedures for extending F and J status and shortens the departure grace period for individuals in F status.

Summary of Key Changes Taking Effect on September 15, 2026

  • F students and J exchange visitors will be admitted for the length of their program listed on Form I-20 or DS-2019, not to exceed four years, plus a grace period. 
  • Those who need additional time to complete their program must either apply for an extension of stay through USCIS by filing Form I-539 or depart and reenter the U.S. with a new I-20 or DS-2019 and a valid visa.
  • The departure grace period for individuals in F status will be reduced from 60 days after program completion to 30 days, in alignment with the J-1 departure grace period.
  • The new rule introduces additional limitations on F-1 students’ ability to change majors, education levels, and institutions.

Four-Year Transition Period

The final rule includes a transition period for individuals who are in D/S on the effective date. These individuals will maintain their F or J status until the program end date listed on their I-20 or DS-2019, or until September 15, 2030, whichever comes first. However, they will receive a fixed end date on their I-94 if they depart and reenter the U.S. on or after the effective date.

In addition, F-1 students in D/S who file timely Form I-765 for post-completion OPT or STEM OPT extension on or before March 18, 2027, are not required to file a separate I-539 extension of stay application. Any applications for OPT or STEM OPT filed after March 18, 2027, will require concurrent submission of an I-539 application for extension of stay.

Next Steps  

Individuals in F and J status should:

  • Regularly check the “admit until” date on their I-94 and, when necessary, proactively file I-539 applications for extension of stay and employment authorization (as relevant) to avoid lapses in status and the accrual of unlawful presence for themselves and any dependents. 
  • Avoid international travel on or after September 15, 2026, if they wish to maintain their D/S admission period.

Employers of F-1 students and J-1 exchange visitors should:

  • Closely monitor I-94 expiration dates for individuals in F and J status and prepare for potential lapses in status or work authorization.
  • Update their I-9 compliance protocols and provide trainings to reflect the end of open-ended admission periods.
  • Determine whether the organization will assist employees and their dependent family members with extension of stay and employment authorization applications.
  • Work with qualified immigration counsel to plan for any sponsorship options earlier for F and J status holders to minimize disruptions in work authorization for key employees.

Please contact a member of the HSE Immigration team if you have any questions.

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