News Alert: DHS Ends "Duration of Status:" What the New Rule Means for F, J, and I Visa Holders
Photo by Cole Keister on Unsplash. The Department of Homeland Security (DHS) recently published a final rule that fundamentally changes how international students (F-1), exchange visitors (J-1), and foreign media representatives (I) maintain their lawful status in the United States. Taking effect on September 15, 2026, this rule officially eliminates the longstanding "Duration of Status" (D/S) framework. Learn more in our News Alert.
On July 17, 2026, the Department of Homeland Security (DHS) published a final rule that fundamentally changes how international students (F-1), exchange visitors (J-1), and foreign media representatives (I) maintain their lawful status in the United States.
Taking effect on September 15, 2026, this rule officially eliminates the longstanding "Duration of Status" (D/S) framework—a system that allowed visa holders to remain in the U.S. as long as they maintained their academic, exchange, or professional programs.
Here is what you need to know about these major changes, how they affect your stay, and how to protect your legal status.
The Big Shift: Fixed Periods of Admission
Under the new framework, F, J, and I visa holders will no longer be admitted for duration of status. Instead, they will be admitted for a fixed period indicated on their Form I-94 arrival record:
F and J Visas: Admitted until the program end date on the Form I-20 or DS-2019, up to a maximum of four years (plus applicable grace periods).
I Visas (Foreign Media): Admitted for up to 240 days. (For passport holders from the People’s Republic of China, excluding Hong Kong and Macau, admission remains capped at 90 days).
Crucial Rule Change: In the past, extending your study program with your school official (DSO) or sponsor (RO) automatically extended your legal status in SEVIS. That is no longer true. An extended Form I-20 or DS-2019 alone no longer authorizes your stay beyond your I-94 end date. Your Form I-94 expiration date is now the strict deadline governing your lawful stay.
If your program naturally takes longer than four years—such as a Ph.D. track, medical residency, or long-term research—you will now be required to formally file an Extension of Stay (EOS) application (Form I-539) with USCIS (and attend an in-person biometrics appointment), or leave the U.S. and re-enter under a new admission period.
Key Policy Changes to Keep on Your Radar
1. F-1 Grace Period Shortened to 30 Days
The post-completion grace period for F-1 students is being cut from 60 days to 30 days, matching the existing J-1 grace period. This leaves significantly less time after graduation to depart the U.S., transfer schools, or transition to a new visa status.
2. The "Shortest Date" Rule for Families (Dependents)
If you are extending your stay alongside spouse or child dependents (F-2, J-2, or I-2), a new regulation caps the approved stay for the entire family based on the shortest period granted to any single family member. For instance, if one child’s passport expires in one year, or if a dependent child is aging out, the entire family’s extension will be shortened to match that date.
3. Strict Penalties for Overstaying
Failing to file an extension before your Form I-94 expires carries severe consequences. Accruing even one single day of unlawful presence automatically voids your current visa under INA § 222(g), requiring you to return to your home country to apply for a new visa.
Transition Rules: What If You Are Already in the U.S.?
If you are physically present in the U.S. in valid F-1, J-1, or I status on September 15, 2026, special transition rules apply to protect you:
Current F-1 and J-1 Students: You may remain in the U.S. until your current I-20/DS-2019 end date, up to a maximum of four years (until September 15, 2030). During this transition period, F-1 students temporarily retain their 60-day grace period.
Beware of International Travel: If you travel outside the U.S. after September 15, 2026, and re-enter, you forfeit your transition status. You will be readmitted under the new four-year fixed rule and will automatically drop to the shorter 30-day grace period for F-1s.
OPT / STEM OPT Applicants: If you are in the U.S. and file for post-completion OPT or STEM OPT before March 18, 2027, you generally do not need to file a separate Form I-539 extension—your Form I-765 work authorization filing will protect your status. However, international travel during this window will trigger the need to file both forms.
Why This Matters & Action Steps to Take Now
The rule is scheduled to take effect on September 15, 2026. Here is how you should prepare:
Check Your I-94 Regularly: Do not rely solely on your I-20 or DS-2019 dates. Download your official I-94 record from the CBP website after every entry.
Act Before September 15, 2026: If you are currently in the U.S. and know you need more time to complete your program, work with your DSO or RO to update your SEVIS record and issue an extended I-20/DS-2019 before September 15.
File OPT Early: If you graduate between December 2026 and June 2027, file your OPT application (Form I-765) as early as eligible (up to 90 days in advance) to avoid extra extension paperwork.
Plan Travel Carefully: Re-think international travel around September 15, 2026, as re-entering the U.S. will subject you to fixed admission dates and shorter grace periods.
Navigating fixed admission dates requires proactive planning. Read the comprehensive webpage on the Study in the States website and the official DHS press release to learn more. If you have questions about how these changes impact your academic timeline or family status, reach out to our office to review your immigration strategy! Please contact us to set up a consultation to see how we can help. Follow us on Instagram, Twitter, Facebook, LinkedIn, Tumblr and TikTok, for up-to-date immigration news.
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