On July 17, 2026, the Department of Homeland Security (DHS) issued a final rule to a USCIS announcement that amends its “regulations to change the admission period in the F (academic student), J (exchange visitor) and I (representatives of foreign media) classifications from duration of status to an admission for a fixed time period” along with additional changes related to the admission and extension of individuals in these categories.
The final rule will take effect on September 15, 2026.
Historically, individuals in F, J and I status have been admitted into the United States for a period of time known as duration of status, or D/S. Due to cited concerns about compliance with maintenance of status, misuse of these nonimmigrant visa categories to remain in the United States on a long-term basis and “fraud and abuse” in these categories, DHS will replace the D/S framework with this rule and “return to an admission period with a specific date upon which the authorized stay ends” and will require F, J and I nonimmigrants who would like to amend their current stay or stay beyond the fixed period granted to them upon admission to apply for an extension of stay via an extension application with USCIS or by departing and reentering the United States. The rule intends to give immigration officers more touchpoints with these groups of nonimmigrants and thus more opportunities to determine whether individuals are complying with the terms and conditions of their F, J or I status.
This alert primarily addresses changes to the F and J categories. If you have questions regarding the impact on the I visa category, please feel free to contact our offices.
An Overview of the Significant Changes
The following represent some of the more significant changes to the F and J categories as a result of the new rule:
- Instead of “D/S” admissions, individuals in these categories will now be admitted “for up to the length of their program listed on the Form I-20 or Form DS-2019, or successor form, not to exceed a period of four years.”
- F-1s will no longer receive a 60-day grace period following the end of their degree program or optional practical training; instead, the F-1 grace period will be shortened to 30 days consistent with J-1s.
- The grace period for F-1s entering the United States after September 15, when the rule goes into effect, will be shortened from 60 days to 30 days.
- Individuals who wish to remain in the United States beyond the admit-until date issued to them upon admission will need to timely file before their admit-until date (status) expires, an extension of status request through USCIS on Form I-539.
- Individuals filing Form I-539 will be required to pay a filing fee, will be scheduled for a biometrics appointment and may be subject to interview.
- Important transition provisions:
- Those who enter the United States before September 15 or for those who are currently present in the United States and do not depart, do not need to apply for a fixed-date I-94 record and can continue to remain in the United States pursuant to their earlier issued I-94 marked with D/S.
- Individuals in D/S status as of the final rule’s effective date may continue to benefit from D/S through their current program period, plus an additional period of 60 days for F nonimmigrants and 30 days for J nonimmigrants, but not to exceed four years from the final rule’s effective date.
- F-1 students and J-1 exchange visitors who determine they require additional time to complete their current program of study, F-1 OPT or STEM OPT, or J-1 academic training, or wish to start a new program of study or J-1 program, must apply for an extension of stay with USCIS, which application, if approved, will result in an admission period to a fixed date.
- A timely filed J-1 extension application will afford the scholar an automatic extension of work authorization for up to 240 days provided the employment and activities are consistent with the individual’s J-1 program. F-1 students who are present in the United States and do not depart, or who enter the United States before September 15, will retain their 60-day grace period even after the rule goes into effect on September 15, but those who depart and reenter after September 15 will be assigned a fixed admit until date followed by a 30-day grace period following their readmission.
- Undergraduate students will only be allowed to change majors or transfer schools after they have completed their first year of study unless they are approved for an “extenuating circumstances” exception.
- Graduate students will not be able to change majors or educational levels “at any point during their program of study” and will only be allowed to transfer schools if they are approved for an “extenuating circumstances” exception.
- F-1 students will no longer be allowed to pursue a degree program at the same or lower education level as the degree program they previously completed.
Important Takeaways and Practical Tips
Under the new rule, maintaining lawful status will require significantly closer monitoring of admission records. F, J and I nonimmigrants should understand that the expiration date on their Form I-94 — not the expiration date of their visa stamp — controls their authorized stay in the United States. Individuals who travel internationally after September 15, 2026, should carefully review each newly issued I-94 and be aware that admission periods may be shortened to match passport validity dates. Employers, universities, exchange visitor sponsors, teaching hospitals and media organizations should evaluate whether additional tracking systems, extension-of-stay support and I-9 reverification procedures are needed to address the transition from D/S admissions to fixed admission periods.
Academic Students and Exchange Visitors
- If you are concerned about your status being limited or your work authorization being interrupted or truncated as a result of this new rule, you should consider remaining in the United States or planning on reentering the United States before the new rule takes effect.
- If you decide to depart the United States and reenter after September 15, it is now more important than ever to remember to pull, print and share with stakeholders your electronic I-94 record. You will need to review and track the admit-until date on your I-94 record as that date will dictate until when you are allowed to remain in the United States and by when you will need to take action to extend or change your nonimmigrant status. It is the admit-until date on your I-94 record that will control your status in the United States and note that your admit-until date on your I-94 record may be limited or shortened based on the validity dates of your passport.
- If you decide to depart the United States and reenter after September 15, it is critical that you share your travel plans with your DSO, your employer and, if represented, your immigration counsel before you depart, so you can be aware of the effect of your international trip on your ability to reenter the United States and your nonimmigrant status once you reenter.
- If after September 15 you are considering any changes to your major, degree program or school, contact your DSO/RO before pursuing or finalizing those changes.
Employers/F-1 and J-1 Sponsoring Entities
Employers and sponsoring entities should consider implementing processes and procedures to:
- Identify all individuals in F, J or I status and track I-94 expiration dates when applicable.
- Develop educational resources regarding I-94 monitoring obligations.
- Determine whether the organization will support extension-of-stay filings, employment authorization filings and dependent-related filings.
- Train I-9 personnel on the new reverification requirements and compliance risks associated with fixed admission periods.
- Educate recruiting and talent acquisition teams regarding the responsibilities of employers, employees, DSOs and sponsoring organizations.
The rule is dense, and we expect that there will be many scenarios that the rule does not address or account for. If you have questions about the rule as it applies to your students/scholars or your particular individual case, please contact our office to set up a consultation or to speak to our team members on Fredrikson’s Immigration Law Group’s Academic & Higher Education Immigration Services team.
