DHS Final Rule Ending Duration of Status (D/S): Key Changes for F, J, and I Nonimmigrants
- Thamys Gaertner
- 2 days ago
- 5 min read
Major Update — August 2026: On July 17, 2026, the U.S. Department of Homeland Security published a final rule replacing the Duration of Status system for F, J, and I nonimmigrants with fixed periods of admission. The rule is scheduled to take effect on September 15, 2026, although its effective date remains subject to congressional review.
Could F-1, J-1, and I Visa Holders Soon Face Fixed Stay Periods?
The U.S. Department of Homeland Security (DHS) has finalized a significant regulatory change that will reshape how certain nonimmigrant categories—particularly F students, J exchange visitors, and I representatives of foreign media—are admitted and maintain status in the United States.
Published in the Federal Register on July 17, 2026, the final rule will replace the longstanding “duration of status” (D/S) system with fixed admission periods and introduce new procedural requirements that will directly affect students, scholars, foreign media representatives, and sponsoring institutions.
The rule is currently scheduled to take effect on September 15, 2026. Because it has been classified as a major rule subject to congressional review, DHS has stated that it will publish an additional notice if the effective date changes or the rule is terminated.
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What Is "Duration of Status (D/S)"?
Until the final rule takes effect, individuals in F, J, and most I classifications are generally admitted to the United States for an open-ended period defined by compliance with their program or employment conditions, rather than a fixed expiration date.
In practical terms:
F-1 students are admitted for the duration of their academic program, including periods of authorized practical training and a post-completion departure period.
J-1 exchange visitors may remain in the United States for the length of their approved exchange program, plus a short departure period.
I visa holders are admitted for the period during which they remain actively engaged in qualifying foreign information media employment in the United States.
This system allows schools and program sponsors—rather than USCIS—to manage many program extensions and updates through internal administrative processes.
Extension of Stay (EOS) Would Become Much More Important
A key structural change under the final rule is the requirement that individuals file an Extension of Stay (EOS) application directly with USCIS to remain in the United States beyond their authorized period.
This will replace the current system in which:
Designated School Officials (DSOs) for F-1 students; and
Alternate Responsible Officers or Responsible Officers for J-1 visitors manage many program extensions internally without a separate USCIS filing.
Under the new framework, individuals who need additional time will generally need to obtain updated program documentation and file Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS before their authorized admission period expires. Form I-539 is the standard USCIS filing used by most nonimmigrants (including F-1 and J-1 visa holders under the revised rule) to request an extension of stay or a change of status; it requires supporting evidence, a filing fee, and, in some cases, biometrics. Continued lawful status may therefore depend on affirmative government adjudication of the I-539 application, rather than on internal program extensions. Individuals may also, depending on their circumstances, depart the United States and seek readmission for a new fixed period of admission.
Additional Restrictions Under the Final Rule
Beyond the shift to fixed admission periods, the rule introduces several substantive changes affecting academic flexibility and program structure.
1. Reduced Departure Period for F-1 Students
For F-1 students admitted under the new fixed-period system, the post-completion departure period will generally be reduced from 60 days to 30 days.
This period applies following completion of an academic program or authorized post-completion practical training.
Certain F-1 students covered by the transition provisions may retain the previous 60-day period.
2. Limits on Program Changes
The final rule will restrict F-1 students at the graduate level or above from changing their educational objectives once they have begun their course of study.
Graduate-level students will also generally be restricted from transferring during their program unless an exception is authorized by the Student and Exchange Visitor Program due to extenuating circumstances.
In addition, F-1 students will generally be required to complete their first academic year at the school that initially issued their Form I-20 before transferring to another SEVP-certified institution or changing their educational objective, unless an exception applies.
Students who complete a program at one educational level will generally be required to progress to a higher educational level and will not be permitted to begin another F-1 program at the same or a lower level.
3. Restrictions on Language Training Programs
Students enrolled in language training programs will be limited to a cumulative stay of 24 months, including breaks and annual vacation periods.
4. Stricter Standards for Program Extensions
The rule will tighten eligibility for program extensions by narrowing acceptable justifications for delays.
Compelling academic reasons, unexpected research problems, documented medical conditions, or circumstances beyond the student’s control may support an extension request.
However, situations such as academic probation, suspension, or a student’s repeated inability or unwillingness to complete coursework on time will generally not be considered valid grounds for extending stay.
These changes will significantly increase administrative and compliance responsibilities for both students and sponsoring institutions.
Transition Provisions for Individuals Already in the United States
The final rule includes transition protections for qualifying F and J nonimmigrants who were admitted for D/S and are properly maintaining their status on September 15, 2026.
These individuals will generally be permitted to remain until the later of:
The program end date listed on the Form I-20 or Form DS-2019 that is valid on September 15, 2026; or
The expiration date listed on an applicable Employment Authorization Document.
However, the transition period generally may not extend beyond four years from September 15, 2026.
Qualifying F nonimmigrants covered by the transition provisions will generally retain an additional 60-day departure period, while qualifying J nonimmigrants will generally retain an additional 30-day departure period.
Individuals who need additional time to complete their current program, begin a new program, pursue certain practical training, or continue beyond the transition period may need to file an Extension of Stay application with USCIS.
International travel after the rule takes effect may also result in admission under the new fixed-period system. Students and exchange visitors should therefore carefully review their documentation and immigration strategy before traveling internationally.
Conclusion
The DHS final rule represents a substantial departure from the “duration of status” system that has long governed F, J, and I nonimmigrants in the United States.
The regulation was published in the Federal Register on July 17, 2026, and is currently scheduled to take effect on September 15, 2026. However, because the regulation is classified as a major rule subject to congressional review, the effective date could still change. DHS has stated that it will publish an additional notice if the effective date is modified or the rule is terminated.
Its implications are far-reaching. Students, exchange visitors, foreign media representatives, educational institutions, sponsoring organizations, and immigration practitioners should closely monitor further implementation guidance, as the final rule will significantly reshape academic mobility and immigration compliance in the United States.
Given the complexity and potential impact of these changes, individuals and institutions are strongly encouraged to seek professional legal guidance to better understand how the rule may affect their specific circumstances and immigration planning strategies.
At Gaertner Torres, PLLC, recognized as Chambers Top Ranked USA 2025, our team is committed to guiding clients through every step of the immigration process with personalized and compassionate legal support.
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