No More “Duration of Status” Permission to Remain in US for Students and Exchange Visitors: DHS Publishes Final Rule Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for F-1 and J-1 Nonimmigrants
On July 17, 2026, the U.S. Department of Homeland Security (DHS) published a final rule titled Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media. Effective Sept. 15, 2026, the rule replaces the longstanding “duration of status” (D/S) framework for F-1 academic students and J-1 exchange visitors with a fixed period of admission and establishes a new extension of stay process for students and exchange visitors who require additional time to complete their programs of study or engage in certain authorized activities.
The rule represents one of the most significant changes to the administration of F-1 student and J-1 exchange visitor status in decades. Under the existing framework, most F-1 students and J-1 exchange visitors have been admitted for the duration of their status, permitting them to remain in the United States for as long as they comply with the terms of their status. Beginning Sept. 15, 2026, however, students entering the United States in F-1 status will instead receive a fixed period of admission tied to the program end date reflected on Form I-20 with a maximum admission period of four years. Likewise, exchange visitors entering in J-1 status will receive a fixed period of admission tied to the program end date reflected on Form DS-2019, also subject to a maximum admission period of four years. The authorized admission period will also include a 30-day period before the program start date and a 30-day period following completion of the program.
The practical consequence of this change is that a student’s lawful admission period will no longer adjust automatically as academic plans evolve. Instead, students who require additional time to complete their degree program, begin a subsequent academic program, or engage in post-completion Optional Practical Training (OPT) or a STEM OPT extension, will generally be required to obtain additional immigration authorization. Under the final rule, this may be accomplished either by filing an extension of stay application with U.S. Citizenship and Immigration Services (USCIS) or by departing the United States and seeking a new period of admission from U.S. Customs and Border Protection (CBP) upon reentry. Similar extension procedures will apply to J-1 exchange visitors who require additional time to complete their authorized exchange programs.
The final rule includes transition provisions for students and exchange visitors who are already present in the United States under the D/S framework. Students admitted in F-1 status and exchange visitors admitted in J-1 status before September 15, 2026, may generally remain in the United States through the Program End Date listed on their Form I-20 or through the completion of any authorized period of post-completion OPT or STEM OPT, subject to an outside limit of November 14, 2030. DHS explains in the final rule that these transition provisions are intended to facilitate the phased implementation of the new admission system while limiting disruption to students and exchange visitors currently pursuing their studies or authorized exchange programs.
In addition to replacing D/S with a fixed admission period, the final rule revises the regulatory framework governing changes in educational level, changes of major, transfers between SEVP-certified schools, and the departure period following completion of a program of study.
Although the operational impact of the rule will vary depending on a student’s academic timeline and immigration history, the shift from a duration of status framework to one requiring affirmative extensions of stay represents a fundamental change in the administration of F-1 status. Similar considerations will apply to J-1 exchange visitors as they plan the completion of their exchange programs and any authorized extensions.
Taft’s Immigration team is available to help employers navigate the new requirements and avoid potential disruptions concerning F-1 students and J-1 exchange visitors.
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