Department of Homeland Security Final Rule Ends Duration of Status (D/S): What F-1, J-1, and I Visa Holders Need to Know
For decades, many international students, exchange visitors, and foreign media representatives admitted to the United States were granted Duration of Status (D/S) on their Form I-94. Under this system, individuals could generally remain in the United States for as long as they maintained their immigration status and complied with the requirements of their academic, exchange, or media program.
That framework is changing.
The Department of Homeland Security (DHS) has published a final rule that replaces the longstanding Duration of Status system with fixed periods of admission for many F-1 students, J-1 exchange visitors, and I visa holders. The rule takes effect on September 15, 2026, and introduces significant procedural changes for individuals and organizations that rely on these visa classifications.
What Is Changing?
Beginning September 15, 2026, many individuals entering the United States in F-1, J-1, or I status will no longer automatically receive admission under Duration of Status.
Instead, U.S. Customs and Border Protection will generally issue a Form I-94 containing a specific expiration date that controls the authorized period of stay.
For many F-1 students and J-1 exchange visitors, admission will typically be granted for the length of the approved academic or exchange program, up to a maximum of four years, followed by any applicable grace period. Most I visa holders will generally receive admission for up to 240 days.
As a result, maintaining lawful status will depend not only on continued participation in an approved program, but also on ensuring that the authorized stay reflected on the I-94 does not expire.
Why This Matters
Under the previous D/S framework, schools and exchange program sponsors could often extend a participant’s program duration through internal procedures without requiring a separate filing with U.S. Citizenship and Immigration Services (USCIS).
Under the new rule, individuals who need additional time beyond their authorized admission period will generally need to file an Extension of Stay (EOS) application with USCIS before their I-94 expires.
This change may affect students and exchange visitors who:
- Need additional time to complete a degree or academic program
- Participate in Optional Practical Training (OPT) or related authorized activities
- Continue research, training, or exchange programs beyond the original admission period
Failing to request an extension before the authorized stay expires could place an individual at risk of falling out of status.
Transition Rules for Current Students and Exchange Visitors
Individuals already present in the United States under Duration of Status when the rule takes effect will generally not be required to immediately file an Extension of Stay application.
DHS included transition provisions allowing many current F-1 and J-1 nonimmigrants to continue under the existing D/S framework until their current program concludes or the transition period ends, whichever occurs first.
However, international travel during the transition period may affect how the new admission rules apply upon reentry to the United States. Because each situation may differ, advance planning before international travel is important.
What Schools and Employers Should Know
Educational institutions, exchange program sponsors, and employers that work with international students and exchange visitors should begin preparing for the new requirements well before the rule becomes effective.
Organizations may wish to:
- Track Form I-94 expiration dates instead of relying solely on Duration of Status
- Prepare Extension of Stay filings in advance of expiration deadlines
- Review onboarding and employment authorization procedures
- Provide guidance to affected students, researchers, trainees, and employees regarding the new requirements
Early preparation may help reduce disruptions to employment, research projects, and academic programs.
Key Takeaway
The end of Duration of Status represents a substantial change in how many F-1 students, J-1 exchange visitors, and I visa holders maintain lawful status in the United States. Although the rule does not take effect until September 15, 2026, individuals, schools, employers, and exchange program sponsors should begin reviewing the new requirements and planning accordingly.
Frequently Asked Questions
What is Duration of Status (D/S)?
Duration of Status allows certain nonimmigrants, including many F-1 students and J-1 exchange visitors, to remain in the United States for as long as they maintain their approved immigration status instead of receiving a fixed expiration date.
When does the new rule take effect?
The DHS final rule takes effect on September 15, 2026.
Who is affected by this change?
The rule primarily affects many F-1 students, J-1 exchange visitors, and I visa holders entering the United States after the effective date, as well as certain individuals who travel internationally during the transition period.
Will I need to file an Extension of Stay?
If you need additional time beyond your authorized admission period, you will generally need to file an Extension of Stay application with USCIS before your Form I-94 expires.
Does this rule immediately affect people already in the United States?
Not necessarily. DHS included transition provisions that allow many individuals already in F-1 or J-1 status to continue under the current D/S framework for a period of time. However, international travel during the transition period may change how the new rule applies upon reentry.
If you have questions about how this final rule may affect your immigration status, educational institution, or organization, you may schedule a consultation with the Law Office of Jacqueline Lentini, LLC by calling 630-262-1435 or emailing jacki@lentinivisas.com.
