USCIS Final Rule Eliminating Duration of Status for F, J and I Visa Holders: What Employers Need to Know

On July 17, 2026, the U.S. Department of Homeland Security (DHS) published a final rule, effective Sept. 15, 2026, replacing the longstanding Duration of Status (D/S) framework for F-1 students, J-1 exchange visitors and I media representatives with fixed admission periods and new extension-of-stay requirements. U.S. Citizenship and Immigration Services (USCIS) will process the new Extension of Stay (EOS) applications required under the rule, and employers and visa holders must file directly with USCIS to extend their stay. Employers impacted by these changes must carefully assess their student visa-related employment programs and integrate compliance measures.

Background

Under the former D/S framework, F-1, J-1 and most I nonimmigrants were admitted for as long as they maintained their status rather than until a fixed expiration date. Their Form I-94 Arrival Records were typically annotated “D/S,” allowing them to remain in the U.S. for the duration of their academic program, exchange program or media assignment, plus any applicable grace periods.

Schools and program sponsors generally managed extensions through updated Forms I-20 or DS-2019 without requiring USCIS extension filings. This differed from most employment-based nonimmigrant categories, such as H-1B, L-1, O-1 and TN, which have always admitted nonimmigrants for fixed periods and require timely USCIS extension filings.

Key Changes Effective Sept. 15, 2026

Fixed Admission Periods

F-1 and J-1 nonimmigrants will receive I-94 records with fixed expiration dates tied to the anticipated program duration, up to a maximum of four years per admission. I nonimmigrants will be admitted for fixed periods ranging from 90 to 240 days, depending on nationality.

Extension Filings Required

Individuals needing additional time must file an extension of stay with USCIS before their admission period expires, generally using Form I-539, or depart and seek readmission. Employers should closely monitor expiration dates to avoid status violations.

Reduced F-1 Grace Period and Optional Practical Training (OPT) Filing Window

The F-1 grace period following completion of studies or OPT will be reduced from 60 days to 30 days. Likewise, students seeking post-completion OPT must file Form I-765 within 30 days of their program completion date rather than 60 days.

Increased Unlawful Presence Risk

If an admission period expires without an approved extension, the individual immediately falls out of status and begins accruing unlawful presence, potentially triggering the three-year and 10-year inadmissibility bars. Under the former D/S system, unlawful presence generally did not accrue until a formal status violation determination was made.

New Restrictions on Program Changes and School Transfers

Non-graduate F-1 students must complete their first academic year at the school that issued their Form I-20 before changing majors or transferring schools, absent an SEVP-approved exception.

Graduate-level F-1 students may not change educational objectives or transfer institutions during their programs unless SEVP authorizes an exception based on extenuating circumstances.

Restrictions on Same-Level or Lower-Level Program Enrollment

After completing a program, F-1 students may no longer:

• Enroll in a program at a lower educational level
• Enroll in another program at the same educational level

This effectively eliminates a common fallback used by some F-1 students who exhausted OPT and were not selected in the H-1B lottery, namely enrolling in a second degree program offering Day 1 Curricular Practical Training (CPT).

Biometrics

USCIS may require biometrics for extension-of-stay applications filed by F, J, and I nonimmigrants.

Takeaways for Employers

The most significant employer impacts are:

1. Increased compliance monitoring: Employers must carefully track F-1, J-1 and I nonimmigrant admission expiration dates and ensure timely extension filings or international travel and readmission plans
2. Reduced flexibility for OPT workers: F-1 employees whose OPT is nearing expiration and who are not selected in an H-1B lottery may have fewer options to continue employment through CPT-based academic programs
3. Less mobility for graduate students and researchers: Restrictions on program changes and school transfers may limit flexibility for F-1 students whose academic or research objectives evolve during their programs

The Immigration and Nationality Team at Stevens & Lee will continue monitoring implementation of the final rule. Please reach out with any questions regarding these changes or other immigration matters.