DHS Issues Final Rule Creating Fixed Period of Admission for F, J, and I Visa Holders
On July 17, 2026, the Department of Homeland Security (DHS) published a final rule that eliminates the admission of F (student), J (exchange visitor), and I (foreign media representative) visa holders for “Duration of Status” or “D/S.” Effective September 15, 2026, this rule creates fixed admission periods with expiration dates for F, J, and I visa holders, including those already admitted to the US for Duration of Status.
The final rule has retroactive impact, in that individuals already admitted to the US for “Duration of Status” will be granted a “transition” period following the effective date of the rule. F, J, and I visa holders should be aware of their status limitations if they remain in the US.
The final rule also limits the ability of both graduate and undergraduate students to change programs, and prevents foreign students who have completed a US degree from pursuing a second degree program at the same level in the United States.
The final rule takes effect on September 15, 2026, although the rule has been classified as a major rule subject to congressional review under the Congressional Review Act. DHS has stated it will publish an additional Federal Register document if the congressional review process changes the effective date or results in termination of the rule.
Background
Historically, most F-1 students, J-1 exchange visitors, and I foreign media representatives were admitted for Duration of Status (D/S), meaning they could remain in the United States while they continued to comply with the requirements of the applicable student program, exchange activity, or media assignment. The final rule changes this framework by admitting these visa holders for a fixed period with a specific lawful status end date. In many cases, individuals in F, J, or I status will need to file an application with USCIS to extend their status to complete their activity in the US.
Overview of the Final Rule
The rule has a number of facets that we discuss in more detail below:
| Topic | Final Rule Change | Practical Effect |
| D/S eliminated | F, J, and I admissions to the US shift from D/S to fixed expiration dates, noted on Form I-94 | Foreign nationals and employers must track I-94 expiration dates to ensure maintenance of status |
| Status extension application filings to USCIS will be required for many visa holders | Additional time needed to complete the degree program, exchange program, or media assignment will generally require an extension of status application or departure and reentry | More filings, additional costs, advance planning, and potential delays in work authorization extension are likely |
| F-1 grace period changed | F-1 departure period under the new fixed system is reduced from 60 days to 30 days | Shorter runway after program completion to depart, change status, or otherwise maintain lawful status |
| Retroactive impact for individuals already admitted in F, J, or I visa status | Current D/S populations must be aware of temporary status conversion rules to determine their status expiration date | Institutions and employers should identify affected individuals before the effective date and track their expiration date |
Impact to Period of Lawful Status for F, J, and I Visa Nonimmigrants
We address the impact of the final rule on each population below. In addition, dependent family members (spouse and children under age 21) will have the same expiration dates and may also require an extension of status filing to USCIS to maintain lawful status.
F-1 Students
F-1 students admitted after the effective date will generally receive a fixed period of admission based on the length of their degree program, as listed in the Form I-20 Certificate of Eligibility for Nonimmigrant Student Status issued by their school. F-1 students will be admitted for a maximum of four years, and may be admitted for a shorter duration based on the length of their degree program or employment authorization. F-2 dependents may not be admitted beyond the principal F-1 student.
Here is an overview of the status limitations for F-1 students in various stages of their study or practical training:
| F-1 Scenario | Status / Authorized Stay End Date |
| F-1 student admitted for a degree program | Program end date on Form I-20, not to exceed four years, plus 30 days |
| Program exceeds four years | Student must timely file an extension of stay with USCIS or depart and seek reentry |
| Student completes program before I-20 end date | Status analysis will turn on program completion, any OPT request, and the fixed I-94 end date. Students should consult the Designated School Official (DSO) at their school before relying on the remaining I-94 period |
| English language training program | Admission limited to a maximum of 24 months, plus 30 days |
| Public high school | Limited to an aggregate of 12 months |
| F-2 dependent | Authorized stay may not exceed the principal F-1 student |
A. Post-Completion OPT and STEM OPT
| OPT / STEM OPT Scenario | Status / Authorized Stay End Date |
| Post-completion OPT approved | OPT EAD end date, plus 30 days |
| Post-completion OPT I-765 pending at admission or reentry | DSO-recommended OPT employment end date on Form I-20, plus 30 days |
| STEM OPT approved | STEM OPT EAD end date, plus 30 days |
| STEM OPT I-765 pending at admission or reentry | DSO-recommended STEM OPT employment end date on Form I-20, plus 30 days |
Please note that students who have not yet completed their program of study and have not yet applied for post-completion OPT or STEM OPT may be required to file an application for extension of stay (EOS) with USCIS in order to maintain F‑1 status beyond their Form I‑94 admission-until date. Depending on the timing of the student’s program completion and employment authorization filing, the EOS application may need to be filed in addition to, and potentially concurrently with, the Form I‑765 application. Under the prior D/S framework, students generally were not required to obtain a USCIS extension of stay solely to continue their program beyond the date reflected on the Form I‑20 or pursue a higher degree.
J-1 Exchange Visitors
J-1 exchange visitors will generally be admitted for the length of the exchange program shown on Form DS-2019, not to exceed four years, plus a 30-day departure period. Extensions require careful coordination among the Responsible Officer, the host institution, the foreign national, and counsel.
| J-1 Scenario | Status / Authorized Stay End Date |
| J-1 program of four years or less | DS-2019 program end date, plus 30 days |
| J-1 program longer than four years | Admission capped at four years, plus 30 days, unless extended |
| J-1 needs more time to complete program | Must timely file extension of stay with USCIS or depart and seek reentry |
| Program end date shortened | J-1 and J-2 dependents should depart or otherwise maintain lawful status within the applicable post-program period |
| J-2 dependent | Authorized stay is tied to the principal J-1 and cannot exceed the principal period |
I Visa Foreign Media Representatives
The final rule replaces D/S for I foreign information media representatives with fixed periods of admission. Most I visa holders will be admitted for the period necessary to complete the media assignment, not to exceed 240 days. Certain I nonimmigrants presenting passports issued by the People’s Republic of China (PRC), excluding Hong Kong SAR and Macau SAR, remain subject to a 90-day maximum period of admission.
| I Visa Scenario | Status / Authorized Stay End Date |
| Most I visa holders admitted after the effective date | Period necessary to complete the media assignment, not to exceed 240 days |
| Certain PRC passport holders | Shorter fixed admission period, generally not to exceed 90 days |
| Assignment extends beyond I-94 | Must file extension of stay before expiration or depart and seek reentry |
| I dependent | Authorized stay may not exceed the principal I visa holder |
Retroactive Impact — Transition of Individuals Admitted for D/S to a Fixed Expiration Date
Individuals in F, J, or I visa status who are already admitted to the US, or who will be admitted prior to the final rule’s September 15, 2026 effective date, must be aware that the rule has retroactive impact, and must calculate their status expiration date. The details for each visa type (and dependent visa holders) follow below.
Transition Rules for Current F-1 D/S Students
| Current F-1 D/S Scenario on September 15, 2026 | Transition Authorized Stay |
| Current F-1 in program | Form I-20 program end date, capped at November 14, 2030 |
| Current F-1 on post-completion OPT | OPT EAD expiration date, capped at November 14, 2030 |
| Current F-1 on STEM OPT | STEM OPT EAD expiration date, capped at November 14, 2030 |
| Needs additional time, new program, OPT, or STEM OPT beyond transition period | Must file extension of stay with USCIS or depart and seek reentry |
Transition Rule for Current J-1 D/S Exchange Visitors
| Current J-1 D/S Scenario on September 15, 2026 | Transition Authorized Stay |
| Current J-1 in active program | DS-2019 program end date, capped at October 15, 2030 |
| Current J-1 with academic training | DS-2019 or training end date, capped at October 15, 2030 |
| Needs additional time beyond transition period | Must file extension of stay with USCIS or depart and seek reentry |
Transition Rule for Current I Visa Holders
| Current I D/S Scenario on September 15, 2026 | Transition Authorized Stay |
| Most I visa holders in D/S | Until assignment completion, not beyond May 13, 2027 |
| Certain passport holders from the PRC in I status | Until assignment completion, not beyond December 14, 2026 |
| Assignment continues beyond transition date | Must file extension of stay or depart and seek reentry |
| Timely status extension application filed and pending with USCIS | Continued work authorization may apply, generally up to 240 days, or 90 days for covered PRC passport holders |
F-1, J-1, and I Visa Holders Are Now Susceptible to Accruing Unlawful Presence
A significant consequence of the shift to fixed admission periods is the increased potential to accrue unlawful presence. Under the D/S framework, unlawful presence generally did not accrue absent a formal determination by USCIS or an immigration judge that an F, J, or I visa nonimmigrant was no longer maintaining status.
With fixed I-94 expiration dates, F, J, and I visa holders who remain in the United States beyond their I-94 expiration without a timely filed extension of stay application will begin accruing unlawful presence. Accrual of more than 180 days of unlawful presence can trigger a three-year bar to admissibility to the US, and accrual of more than one year triggers the 10-year bar under Section 212(a)(9)(B) of the Immigration and Nationality Act (INA). This underscores the importance of closely monitoring I-94 expiration dates and timely filing extension applications.
F-1 OPT “Cap-Gap” Extensions and Automatic OPT Extensions Based on STEM OPT Extension Filings Are Not Impacted
The F-1 “cap-gap” provision permits certain F-1 students who are beneficiaries of properly filed cap-subject H-1B petitions requesting a change of status to remain in F-1 status, and where applicable continue employment authorization, during the period between the expiration of their F-1 status or Optional Practical Training (OPT) authorization and the effective date of H-1B status. If an F-1 student is the beneficiary of an H-1B cap-subject petition that is filed to USCIS while their OPT remains valid, their OPT is extended until April 1 of the following year, or until USCIS makes a final adjudication of the H-1B petition, whichever comes first. This cap-gap rule remains unchanged.
In addition, the 180-day OPT extension that is granted based on the timely filing of a STEM OPT extension application with USCIS is not impacted by this final rule. F-1 students who file their Form I-765 STEM OPT extension application with USCIS prior to the expiration of their OPT will still benefit from the 180-day extension of their OPT work authorization.
Limitations on Changing Degree Programs for F-1 Students
The final rule provides that an F-1 undergraduate student may not change university programs, their degree major, or education level during the first academic year of study, unless they receive an authorized exception from the Student and Exchange Visitor Program (SEVP). Examples of exceptions identified by DHS include a school closure and extended inability to conduct in-person instruction due to a natural disaster or similar event.
Undergraduate students who have completed one full academic year may change majors or degree programs with standard SEVP approval.
Graduate students have stricter limitations on program changes, which will likely reduce the number of graduate students seeking to study in the United States. F-1 students at the graduate level are limited in their ability to change majors or educational programs, absent exceptional circumstances that are authorized by SEVP.
Prohibition on F-1 Students Seeking a Second US Degree at the Same Level
F-1 students who complete a degree program after the September 15, 2026 effective date of the final rule are prohibited from enrolling in another F-1 program of study at the same or a lower degree level. For example, an F-1 student who completes a master’s degree program in the US may not pursue a new course of study for a bachelor’s or master’s degree. This will limit some F-1 students from being able to enroll in “day-one CPT” master’s degree programs if they already have a US master’s degree.
Impact on Dependent Visa Holders
Individuals in F, J, or I visa status must also be aware that their dependents (spouses and children under age 21) who hold F-2, J-2, or I-dependent visa status will have a status expiration either on or before the principal’s status expiration date. The transition rules described above also apply to dependent visa holders.
Conclusion
This final rule creates significant burdens for F-1, J-1, and I visa holders and their employers. Individuals in these statuses will need to closely monitor their expiration dates. Individuals currently in the US also must review the transition rules so that they are aware of their status expiration.
F-1 students in particular will be burdened as the limitation on admission will require the filing of an extension of status application if their course of study is extended, and if they apply for OPT or STEM OPT work authorization.
Moreover, individuals who are dependent on having their extension applications adjudicated by USCIS in a timely manner may face the possibility of having a gap in work authorization based on the lengthy processing times that currently plague USCIS.
Please contact a member of the Mintz Immigration team for more information.
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