Back in July, we sent an initial alert letting you know that DHS had finalized this rule (you can revisit our original post, “It’s Final: DHS Ends Duration of Status for F, J, and I Visa Holders,” here). Since then, several important developments have occurred, including a legal challenge to the rule, so we wanted to follow up with a fuller picture of what is changing, what it means for you, and where things currently stand.
The U.S. Department of Homeland Security (DHS) has issued a final rule that significantly changes how individuals in F, J, and I nonimmigrant classifications are admitted to and remain in the United States. The rule is currently scheduled to take effect on September 15, 2026.
For international students and exchange visitors, one of the most significant changes is the replacement of the longstanding “Duration of Status” (D/S) system with admission for a fixed period of time. Because the new system may affect international travel, extensions of stay, academic plans, and the information appearing on Form I-94, F-1 students, J-1 exchange visitors, and their dependents should understand how the changes may apply to them.
What Is Changing?
Under the current Duration of Status system, many F-1 students and J-1 exchange visitors are admitted to the United States for “D/S.” Generally, this allows them to remain in the United States while properly maintaining their nonimmigrant status and continuing their authorized educational, training, or exchange activities.
Under the new DHS rule, eligible F and J nonimmigrants will instead be admitted until a specific date, generally based on the length of the authorized program and subject to a maximum admission period. For many individuals, the maximum fixed admission period will be four years or the authorized program length, whichever is shorter. This date will become particularly important because it will determine how long the individual has been authorized to remain in the United States.
What If You Need More Time to Complete Your Program?
Students and exchange visitors who need to remain in the United States beyond their authorized fixed admission period may need to file an Extension of Stay (EOS) application with U.S. Citizenship and Immigration Services (USCIS). This represents an important change from the D/S framework.
The final rule provides certain protections for individuals with timely filed extension applications, including continued authorized stay while qualifying applications remain pending. However, students should not wait until the last minute to determine whether an extension will be necessary.
Current F-1 and J-1 Students Should Pay Particular Attention
The final rule contains transition provisions for individuals already in the United States in F or J status when the rule takes effect. According to the rule and currently available guidance, individuals already present in the United States may be treated differently from individuals who enter or re-enter the country after the effective date.
This distinction makes international travel especially important. A student or exchange visitor who departs the United States and seeks readmission after the new rule becomes effective may become subject to the new fixed-period admission system upon reentry.
Check Your Form I-94 After International Travel
After entering the United States, F-1 and J-1 nonimmigrants should make it a routine practice to review their electronic Form I-94 Arrival/Departure Record. Under the new system, the “Admit Until Date” on the I-94 may become critical. Students should compare the information on their I-94 with their Form I-20 or DS-2019 and promptly address any apparent discrepancies. Do not assume that your previous admission terms will automatically continue after international travel.
The Rule Also Affects Academic Changes
The final rule includes additional restrictions concerning changes in educational objectives and program levels for F-1 students, including limitations on when students may change their educational level, major, or course of study. Graduate students, in particular, should carefully review the restrictions before making significant changes to their academic program.
Students considering transferring schools, changing degree levels, changing majors, beginning another academic program, or otherwise modifying their educational plans should consult their Designated School Official (DSO) and, where appropriate, immigration counsel before taking action.
Grace Period Changes
The final rule also changes certain departure grace periods. For F-1 students who become subject to the new fixed-period framework, the post-completion grace period generally changes from 60 days to 30 days. Transition provisions may apply differently to individuals already maintaining F-1 or J-1 status when the rule takes effect. Because the applicable grace period may depend on an individual’s circumstances and admission history, students should confirm the period that applies to their particular case rather than assuming that the previous rules continue to apply.
What Should F-1 and J-1 Nonimmigrants Do Now?
International students, exchange visitors, and their dependents should consider taking several practical steps:
- Review the expiration date on your current Form I-20 or DS-2019.
- Retrieve and review your most recent Form I-94.
- Discuss upcoming academic changes with your DSO or program sponsor before making them.
- Carefully consider the immigration consequences of international travel and reentry after September 15, 2026.
- Determine well in advance whether additional time may be required to complete your program.
- Keep copies of immigration documents and records relating to your status.
- Seek individualized immigration advice when your situation involves travel, extensions, changes in academic programs, employment authorization, or other complications.
The Situation Remains Developing
The final rule has already generated significant concern within the international education community and is the subject of litigation. On August 18, 2026, a coalition that includes NAFSA: Association of International Educators, the Presidents’ Alliance on Higher Education and Immigration, and several other higher-education associations and labor unions filed suit against DHS in the U.S. District Court for the District of Massachusetts (Presidents’ Alliance on Higher Education and Immigration, et al. v. DHS, et al., No. 1:26-cv-13799), seeking to vacate the rule and to enjoin it before the September 15 effective date. The court has set an expedited briefing schedule, with a hearing on the plaintiffs’ request for emergency relief expected in early September, ahead of the effective date.
The filing of a lawsuit does not, by itself, prevent a federal rule from taking effect. Students and exchange visitors should therefore avoid assuming that the September 15 implementation date has changed unless DHS, a federal court, or another appropriate government authority announces a change.
NPZ Law Group will continue monitoring government announcements and legal developments concerning implementation of the rule.
NPZ Law Group Is Here to Help
The transition away from Duration of Status represents a significant change for international students and exchange visitors. Every individual’s circumstances are different, particularly when international travel, OPT/STEM OPT, extensions, program changes, dependents, or other immigration matters are involved.
F-1 students, J-1 exchange visitors, educational institutions, and employers with questions about the new requirements may contact NPZ Law Group for guidance regarding their specific circumstances.
Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C. — VISASERVE – Immigration and Nationality Law
www.visaserve.com | 201-670-0006
This information is provided for general informational purposes only and does not constitute legal advice. Immigration rules and implementation guidance may change, and individual circumstances vary.