DHS Final Rule Ends Duration of Status for F, J, and I Nonimmigrants

The U.S. Department of Homeland Security (DHS) has published a final rule in the Federal Register that replaces duration-of-status admissions for F, J, and I nonimmigrants with fixed admission periods. The rule is scheduled to take effect 15.Sep.2026, subject to the congressional review process and any further DHS notice affecting the effective date.

The change is significant for F-1 students, J-1 exchange visitors, I representatives of foreign information media, and their dependents. Under the current duration-of-status framework, many of these nonimmigrants are admitted without a specific expiration date on the Form I-94. The final rule moves these categories toward date-specific admissions and, in many cases, requires a formal extension-of-stay filing with U.S. Citizenship and Immigration Services (USCIS) to remain in the United States beyond the authorized admission period. This article provides an overview of this and other important changes in the F / M / I visa categories.

Fixed Admission Periods for F-1 Students and J-1 Exchange Visitors

Under the final rule, F-1 students and J-1 exchange visitors generally will be admitted for the length of the program listed on the Form I-20 or Form DS-2019, not to exceed four years. The rule also allows admission up to 30 days before the program start date and provides a 30-day period after the program end date, or after the four-year maximum admission period, to prepare for departure or otherwise seek lawful authorization to remain in the United States.

This is a major departure from the longstanding duration-of-status model. Instead of relying primarily on school or program records to establish the continued period of authorized stay, the Form I-94 will list a fixed admit-until date. Foreign students and exchange visitors who need more time to complete a program, pursue certain practical training or academic training, transfer schools, change educational level, or otherwise continue in the United States beyond the fixed period generally will need to apply for an extension of stay.

Formal USCIS Extension Requirement

The final rule creates a more formal extension process for affected F, J, and I nonimmigrants. For F-1 and J-1 nonimmigrants, the school or exchange visitor program still will play an important role in recommending or documenting the extension through SEVIS and the Form I-20 or Form DS-2019. But, in many circumstances, the nonimmigrant also will need to file Form I-539 with USCIS before the Form I-94 expires.

This change is intended to give DHS a more direct role in reviewing whether the individual continues to meet the requirements of the classification. DHS indicates that the process will allow immigration officers to evaluate status maintenance, program participation, financial resources, fraud concerns, and national security issues before granting additional time in the United States.

Shorter Grace Period for F-1 Students

The final rule reduces the post-completion grace period for F-1 students from 60 days to 30 days for those admitted or readmitted under the new fixed-date system. This means F-1 students will have less time after completing a program or practical training to depart the United States, transfer, change status, or take other steps to remain lawfully in the country.

This change makes advance planning especially important. Students nearing completion of a program or post-completion Optional Practical Training (OPT) should review the expiration date on the Form I-94, the program end date on the Form I-20, and any filing deadlines that may apply.

Restrictions on Academic Changes and Repeat Study

The final rule also places new limits on certain academic changes by F-1 students. Undergraduate students generally may not change their educational objective or transfer schools until after completing the first year of study, unless the Student and Exchange Visitor Program (SEVP) approves an exception based on extenuating circumstances.

Graduate students face stricter limitations. Under the rule, graduate-level F-1 students generally may not change educational objectives during the program. Graduate students also may transfer during the program only if SEVP approves an exception based on extenuating circumstances.

In addition, after completing a program at one educational level, an F-1 student generally may not begin a new program at the same or a lower educational level in F-1 status. DHS clarified that this limitation applies prospectively to programs completed after the effective date of the rule.

English Language Training and Other F-1 Limits

The final rule caps the admission period for F-1 students in English language training programs at 24 months, plus the 30-day period to depart or otherwise seek lawful status. The rule also retains existing limits for public high school study and clarifies that the public high school restriction may include charter schools or similar schools funded by U.S. taxpayers.

These limits may affect students in pathway programs, English-language programs, and other educational tracks that require careful sequencing before degree study. Schools, students, and advisors should review program timelines well before the effective date.

I Media Representatives

The final rule also changes the admission system for I representatives of foreign information media. In general, I nonimmigrants may be admitted for the time needed to complete the planned assignment or activity, not to exceed 240 days. Certain I nonimmigrants who present a passport issued by the People’s Republic of China, other than Hong Kong SAR or Macau SAR passport holders, are limited to a shorter period of up to 90 days.

I nonimmigrants may seek extensions of stay, generally in increments of up to 240 days, or up to 90 days for the affected PRC passport holders, if they continue to qualify for the classification. The rule also requires permission from USCIS before changing the information medium or employer.

Transition for Those Already in the United States in D/S

The final rule includes transition provisions for F and J nonimmigrants who were admitted for duration of status and are properly maintaining status in the United States on 15.Sep.2026. These individuals generally are not required to immediately obtain a new Form I-94 with a date certain. Instead, they may remain until the program end date on the Form I-20 or Form DS-2019 that is valid on the effective date, not to exceed four years from the effective date of the rule, plus the applicable departure period.

However, travel can change the analysis. F and J nonimmigrants who depart the United States after the effective date and then seek readmission generally will be admitted under the new fixed-date system and will receive a Form I-94 with a specific admit-until date.

The rule also includes special transition provisions for certain F-1 students with timely filed applications for post-completion OPT or STEM OPT. These provisions should be reviewed carefully before travel or before relying on any automatic transition rule.

For I nonimmigrants who were admitted for duration of status and are properly maintaining status on the effective date, the transition period generally authorizes continued stay for the time needed to complete the activity, not to exceed 240 days, or 90 days for certain PRC passport holders. Those who need more time may need to file an extension request with USCIS.

Unlawful Presence Concerns

A fixed admit-until date makes the status expiration date much clearer, but it also increases the risk of unlawful presence if deadlines are missed. Under the final rule, a nonimmigrant who remains in the United States beyond the fixed period of admission generally may begin accruing unlawful presence, unless a timely filed extension or other protection applies.

This makes the Form I-94 especially important. Students, exchange visitors, media representatives, and their dependents should review the Form I-94 after every admission to the United States and should not assume that the program end date on the Form I-20 or Form DS-2019, by itself, controls the period of authorized stay.

What Affected Nonimmigrants Should Do Now

F, J, and I nonimmigrants should use the period before 15.Sep.2026 to review their current immigration documents, program timelines, travel plans, and any expected need for additional time in the United States. Schools and exchange visitor programs should prepare for updated advising obligations, SEVIS processes, and a likely increase in extension-related questions.

Those planning international travel close to or after the effective date should be particularly cautious, because readmission after travel may trigger the new fixed-date admission framework. Similarly, students planning OPT, STEM OPT, a school transfer, a change in educational level, or a longer academic program should seek guidance early.

Conclusion

The final rule marks one of the most significant changes in decades to the admission and maintenance-of-status framework for F, J, and I nonimmigrants. The practical effect is that affected foreign nationals should expect closer government review, more date-specific deadlines, and a greater need for proactive immigration planning. Students, exchange visitors, media representatives, schools, and program sponsors should review the new requirements carefully and prepare before the 15.Sep.2026 effective date.

Copyright © 2026 Murthy Law Firm. All rights reserved.