DHS Publishes Final Rule Replacing Duration of Status With Fixed Admission Periods for F, J, and I Nonimmigrants

Quick Hits

• On July 17, 2026, DHS issued a final rule that eliminates the “duration of status” framework and imposes fixed admission periods of up to four years for F-1 and J-1 nonimmigrants and up to 240 days for I nonimmigrants.
• F, J, and I nonimmigrants who need to remain beyond their authorized admission period must file extension of stay applications with USCIS, submit biometrics, and demonstrate continued eligibility.
• Employers of F-1 workers on OPT or STEM OPT and J-1 exchange visitors should monitor I-94 expiration dates and ensure timely extension filings to avoid unlawful presence consequences.

The final rule, which will take effect on September 15, 2026, requires these nonimmigrants to apply for extensions of stay directly with U.S. Citizenship and Immigration Services (USCIS) if they need to remain in the United States beyond their authorized period of admission.

Background

Under the prior framework, F, J, and most I nonimmigrants were admitted to the United States for an unspecified period of time during which they were complying with the terms and conditions of their nonimmigrant classification. Unlike most other nonimmigrant classifications, which require admission until a specific departure date, the duration of status framework did not require these nonimmigrants to have a fixed end date on their stay, as evidenced by the “D/S” notation made on the Form I-94 (Arrival/Departure Record).

DHS states that the duration of status framework, combined with significant growth in the F, J, and I populations, poses challenges to the department’s ability to monitor and oversee these nonimmigrants. Under this framework, these nonimmigrants were not required to have direct interaction with DHS except in limited instances such as applying for or extending Optional Practical Training (OPT) or reinstatement after a status violation. DHS cited concerns regarding fraud and abuse, “pay-to-stay” schemes, nonimmigrants remaining in active status for extended periods, and the inability to effectively enforce unlawful presence provisions against individuals admitted for the duration of their status.

On August 28, 2025, DHS published a notice of proposed rulemaking (NPRM) outlining the fixed admission framework, along with other changes to the exiting regulatory scheme for F-1, J-1, and I nonimmigrants. The prior Trump administration published a similar proposed rule on September 25, 2020, which received more than 32,000 comments during the public comment period before being rescinded by the Biden administration in 2021. The current NPRM authorized a thirty-day public comment period, which closed on September 29, 2025.

Fixed Admission Periods and Extension of Stay Requirements

The final rule replaces the existing duration of status framework with fixed admission periods. Nonimmigrants in these categories who need to remain in the United States beyond their authorized period of admission must apply for an extension of stay via a Form I-539  with USCIS or apply for readmission to the United States at a port of entry.

F-1 Academic Students

Under the final rule, F-1 students will be admitted for up to the length of their program as specified on Form I-20, not to exceed four years, or the end date of the approved employment authorization on the student’s OPT or STEM OPT Employment Authorization Document (EAD), whichever is earlier. F-1 students will also be granted a thirty-day grace period before the program start date to accommodate arrival and a thirty-day grace period following the program end date to accommodate departure. This represents a reduction from the prior sixty-day departure grace period. The thirty-day arrival and departure periods do not count toward the four-year maximum.

F-1 students who cannot complete their programs within the initial admission period must file an extension of stay application with USCIS before their period of stay or depart the United States and apply for readmission at a port of entry. Applicants must submit an updated Form I-20, required biometrics, evidence of sufficient funds, and applicable fees. If an applicant’s extension of status application is denied, there is no grace period, and the individual must depart the United States immediately.

For F-1 students, acceptable reasons for requesting additional time to complete a program include: (1) compelling academic reasons; (2) a documented illness or medical condition; or (3) exceptional circumstances beyond the student’s control. A pattern of academic probation, suspension, or repeated inability or unwillingness to complete coursework is not an acceptable reason for extension.

J-1 Exchange Visitors

J-1 exchange visitors will be admitted for up to the duration of their exchange visitor program as indicated on Form DS-2019, not to exceed four years. J-1 exchange visitors will also receive a thirty-day grace period to cover arrival and departure. Exchange visitor programs with durations exceeding four years, such as those for professors and research scholars or physicians, must now file an extension of stay application with USCIS before the four-year maximum expires or depart the United States and apply for readmission at a port of entry. Applicants must submit an updated Form DS-2019, required biometrics, and applicable fees.

I Foreign Media Representatives

I nonimmigrants will be admitted for a period necessary to complete their activities or assignments consistent with the I classification, not to exceed 240 days. I nonimmigrants presenting passports from the People’s Republic of China (PRC), excluding Hong Kong special administrative region (SAR) and Macau SAR passport holders, will be admitted for a period not to exceed ninety days.

I nonimmigrants must file extension applications with USCIS to remain beyond their initial 240-day or ninety-day admission period. Each extension may be issued for up to 240 days, or ninety days for PRC passport holders.

Automatic Extension of Employment Authorization

The final rule introduces specific considerations for work-authorized nonimmigrants in F-1, J-1, and I status.

F-1 Students

F-1 students with on-campus employment and off-campus employment authorization due to severe economic hardship will receive an automatic extension of employment authorization for up to 240 days while the extension of stay application is pending.

CPT employment authorization is automatically extended up to 240 days or until the end date authorized by the DSO on Form I-20, whichever is earlier, while a timely filed extension application is pending. However, if the extension application is filed during the thirty-day grace period, the student may continue studying but may not continue or begin practical training or other employment until the extension of stay application is approved. The existing 180-day automatic extension for timely filed STEM OPT extensions and the cap-gap provisions for F-1 students who are beneficiaries of cap-subject H-1B petitions remain unchanged.

Post-Completion OPT and STEM OPT

Unless exempted under the transition provisions, an F-1 student recommended for post-completion OPT must apply for both an extension of stay and employment authorization. The student may not engage in post-completion OPT employment until the application for OPT work authorization is granted. F-1 students filing for STEM OPT remain eligible for the 180-day automatic extension of their post-completion OPT EAD while their STEM OPT application is pending, so long as the extension application was timely filed before the expiration of their OPT work authorization.

J-1 Exchange Visitors

J-1 exchange visitors in categories employment authorized incident to status with a timely filed extension of stay application may continue working for up to 240 days under automatic extension provisions. J-2 spouses are not granted the 240-day automatic extension, and must have a valid EAD and period of admission to work in the United States.

I Foreign Media Representatives

An I nonimmigrant whose extension application is pending may continue working for up to 240 days under automatic extension provisions. If the application remains pending after 240 days and the I nonimmigrant has timely filed a subsequent extension of stay application, the applicant may remain in the United States but must cease working until the initial application is approved.

Unlawful Presence

Under the final rule, F, J, and I nonimmigrants who remain in the United States beyond their fixed admission period as noted on their Form I-94 without timely filing an extension of stay application will generally begin to accrue “unlawful presence,” which may result in future inadmissibility upon departing the United States. This is a significant change from the prior D/S framework, under which unlawful presence did not begin to accrue until the day after USCIS formally found a status violation or the day after an immigration judge ordered the foreign national removed.

F-1 School Transfers and Program Changes

Under the final rule, DHS imposes new restrictions on F-1 students’ ability to transfer schools or change academic programs, including a prohibition on graduate-level program changes and a rule restricting program changes to progression toward a higher educational level.

School Transfer and Program Change Limitations

Under the final rule, F-1 students seeking to transfer schools or change their academic program objective generally must complete the first academic year at the school where they are initially authorized to enroll. Unless the Student and Exchange Visitor Program (SEVP) expressly authorizes an exception, F-1 students will not be authorized to transfer schools or change their program objective during their first academic year.

F-1 students enrolled at the graduate level are barred from changing programs at any point during their program of study. This restriction continues through completion of the degree and is not limited to the first year of the academic program.

Academic Progression Requirement

An F-1 student who completes a program of study at one educational level may begin a new program only at a higher educational level while maintaining F-1 status. F-1 students will be authorized to begin a new program at the same or lower educational level. In practice, F-1 students will not be authorized to enroll in subsequent master’s degree programs after earning their initial master’s degree.

Considerations for J-1 Exchange Visitors

These restrictions are specific to F-1 students. J-1 exchange visitors seeking to change programs remain subject to oversight by U.S. State Department-designated responsible officers (ROs) rather than USCIS. DHS may delay or suspend implementation of these provisions, by notice from SEVP, if the Student and Exchange Visitor Information System (SEVIS) is unable to implement the necessary changes in time. Designated school officials (DSOs) may wish to begin flagging requests involving first-year transfers and program or major changes now, in anticipation of these requirements taking effect.

Transition Provisions

F and J nonimmigrants who are properly maintaining status on the effective date of the final rule (scheduled for September 15, 2026) and who were previously admitted for D/S will be authorized to remain in the United States until the program end date on their Form I-20 or DS-2019 that is valid on that date, not to exceed four years from the effective date, plus an additional sixty days for F nonimmigrants and thirty days for J nonimmigrants to depart the United States. F and J nonimmigrants who need additional time to complete their programs beyond this transition period must request an extension of stay.

F-1 students with an I-94 record indicating D/S who are present in the United States on the effective datand timely file Form I-765 for post-completion OPT or STEM OPT on or before March 18, 2027, are not required to file a separate EOS application on Form I-539 for the requested OPT or STEM OPT period.

I nonimmigrants present in the United States on the effective date of the final rule who were admitted for D/S will be authorized to remain for a period necessary to complete their activities, not to exceed 240 days from that date, or ninety days from that date for PRC passport holders, other than Hong Kong SAR and Macau SAR passport holders.

The transition provisions do not apply to F, J, or I nonimmigrants who are outside the United States when the final rule takes effect, or to any nonimmigrants present in the United States in violation of their status. Individuals outside the United States who seek admission after the effective date will be admitted under the new fixed admission framework.

Employer Considerations

Employers sponsoring or employing foreign nationals in J-1 status and F-1 status, including those on OPT and STEM OPT, should be aware that these individuals will now have fixed admission end dates reflected on their Form I-94. Employees in these statuses will need to monitor their I-94 admission periods and timely file extension applications when needed to maintain their nonimmigrant status and work authorization.

Employers may want to continue to monitor OPT and STEM OPT EAD expiration dates, as well as ensure internal I-9 compliance teams are aware of the 240-day automatic extension available to certain F-1 students while an extension of stay application is pending. In addition, there could be delays in F-1 student graduates receiving their initial grant of OPT required to start employment.

Employers of I nonimmigrant foreign media representatives may track admission periods and plan for timely extension of stay filings. Given the shorter maximum admission period of 240 days for I nonimmigrants, employers in the media industry may want to establish internal tracking systems to ensure extensions are filed before the initial admission period expires.

Next Steps

The final rule takes effect sixty days from the date of publication. Employers and immigration practitioners may wish to begin reviewing their F-1, J-1, and I nonimmigrant populations to identify individuals who may need to file extension of stay applications under the new framework. Educational institutions may choose to coordinate with designated school officials (DSOs) and Responsible Officers (ROs) to update internal processes for recommending program extensions and advising students and exchange visitors on the new filing requirements.

Given the potential for litigation challenges, employers may want to monitor developments regarding any legal challenges to the final rule that could delay or alter its implementation.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will post updates on the Immigration blog as additional information becomes available.

Follow and Subscribe
LinkedIn | Instagram | Webinars | Podcasts