What Happened

The Department of Homeland Security (DHS) has published a final rule eliminating "duration of status" (D/S) as a period of admission for F-1 (student), J-1 (exchange visitor), and I (foreign media) nonimmigrants. Going forward, these visa holders will no longer be admitted for the open-ended duration of their program or activity. Instead, they will receive a fixed admission period with a specific end date on their I-94 Arrival/Departure Record — similar to most other nonimmigrant visa categories.

What Is Changing

Under longstanding practice, F-1, J-1, and I visa holders were admitted for "D/S," meaning they were authorized to remain in the United States for as long as they maintained their program status. The final rule replaces this framework with fixed periods of authorized stay. Key changes include:

• Fixed Admission Periods. I-94 records will now reflect a specific expiration date rather than "D/S." F-1 students will be admitted for up to four years (two years for English-language program students), and J-1 exchange visitors will receive a fixed period based on their program category.
• Extension of Stay Filings. Individuals who need additional time must file a formal extension of stay application with USCIS (Form I-539), rather than relying on a Designated School Official (DSO) or Responsible Officer to extend their records administratively through SEVIS.
• Unlawful Presence. Unlawful presence will begin accruing upon expiration of the fixed admission date. This is a significant shift — under the prior D/S framework, unlawful presence generally did not accrue unless USCIS or an immigration judge made a formal finding of a status violation.
• Reduced Grace Period. The post-completion grace period for F-1 students is reduced from 60 days to 30 days.
• Program Change Restrictions. Changes of academic program or educational level within the first year of F-1 status face new limitations.
• Transition for Individuals Currently in D/S. F and J nonimmigrants who are in the United States and properly maintaining status on the effective date (September 15, 2026) will not receive a new or corrected I-94 record. Instead, their existing D/S admission will be governed by a transition end date — they may remain until the later of their EAD expiration date (if applicable) or the program end date on the Form I-20 or DS-2019 that is valid on September 15, 2026, not to exceed four years from the effective date (September 15, 2030), plus an additional 60 days for F nonimmigrants and 30 days for J nonimmigrants to depart. F-1 students with a D/S I-94 who 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 I-539 extension of stay application for that OPT or STEM OPT period. Individuals who need additional time beyond the transition period must file an extension of stay with USCIS.
• Travel After the Effective Date. Individuals currently admitted for D/S who depart the United States and seek re-admission after September 15, 2026, will no longer be covered by the D/S transition provisions. Upon re-entry, they will receive a new I-94 with a fixed admission date under the new framework. Employers and individuals should factor this into any international travel planning.
• Deference Policy. The rule removes the regulatory codification of USCIS's prior deference policy on extensions.

What This Means for Employers

This rule has significant implications for employers beyond the higher education setting. Employers sponsoring or employing F-1 workers on Optional Practical Training (OPT) or STEM OPT, or hosting J-1 trainees and interns, will now need to track hard admission expiration dates rather than relying on the assumption of continued status through program completion. For H-1B-bound F-1 employees in particular, cap-gap timing, OPT-to-H-1B transitions, and any gaps in authorized stay will require closer attention and advance planning. It also remains unclear whether a student seeking OPT or STEM OPT can concurrently file an I-765 (Employment Authorization Application) or whether the I-539 extension must be approved first.

What You Should Do Now

• Identify current F-1, J-1, and I visa holders within your organization.
• Review anticipated program end dates and plan for extension filings well in advance of new admission deadlines.
• Implement internal tracking systems to monitor fixed admission expiration dates and avoid lapses in status.
• Coordinate with immigration counsel to build I-539 extension lead time into your sponsorship planning and filing timelines.

We Are Here to Help

The Koley Jessen Immigration Practice Group is closely monitoring developments related to this final rule and is prepared to assist employers, institutions, and individuals in navigating these changes. If you have questions about how this rule may affect your organization, please do not hesitate to reach out to a member of our team.

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