DHS has published a final rule ending duration of status, D/S, for F academic students, J exchange visitors, and I representatives of foreign information media. This moves the change from proposal to reality. The rule was published in the Federal Register on July 17, 2026, and takes effect 60 days later, on September 15, unless Congress intervenes during its review period since this is classified as a major rule.
What’s Actually Changing
Instead of being admitted for as long as a student maintains a full course of study, or an exchange visitor stays in an authorized program, F and J nonimmigrants will now be admitted for a fixed period tied to their program length, capped at four years. I nonimmigrants will be admitted for up to 240 days, or just 90 days for most Chinese passport holders. Anyone who needs more time will need to file an Extension of Stay directly with USCIS rather than simply getting a program extension from a Designated School Official or Responsible Officer at their institution.
F students enrolled in programs below the graduate level cannot change educational levels or their major during their first year of study, unless SEVP authorizes an exception for extenuating circumstances. Students enrolled in programs at the graduate level or above cannot change educational levels or their major during their program of study. Additionally, students are prohibited from changing to a program of study at a lower educational level (e.g., moving from a master’s program to a bachelor’s program); or changing to a program of study at the same educational level (e.g., moving from a bachelor’s program to a bachelor’s program).
The Transition Period Is More Generous Than It First Appeared
Anyone already in F or J status under D/S when the rule takes effect does not need to rush to file an Extension of Stay right away. They can continue under D/S until their current program end date or four years after the effective date, whichever comes first. The only trigger that forces an earlier switch to a fixed date-certain I-94 is leaving the country and re-entering during that transition window. Separately, F-1 students who timely file for post-completion OPT or a STEM OPT extension within 244 days of publication won’t need to file a separate EOS application on top of that. I nonimmigrants already here under D/S get a similar cushion, continuing for up to 90 or 240 days after the effective date depending on their passport.
Why DHS Says This Is Necessary
DHS points to cases of F-1 students remaining in the country for decades through repeated program extensions and school transfers, along with a string of national security cases involving F-1 and J-1 holders, as justification for moving to a system that gives immigration officers more frequent, direct opportunities to verify someone is still complying with their status. Under D/S, that verification often only happened if the person applied for a new benefit or tried to reenter the country.
Who Should Be Paying Attention Now
Universities, exchange visitor sponsors, and anyone currently in F, J, or I status with a program that runs past the effective date should start planning around the EOS filing process well in advance rather than waiting for the current transition provisions to run out. Because this is a major rule subject to congressional review, there’s a chance the effective date shifts or the rule is modified before it takes hold, so it’s worth watching for further updates rather than assuming the September timeline is locked in.
This finalizes the framework we first covered when DHS proposed the change last year. See our earlier post on the proposed fixed admission periods for F, J, and I visa holders for background on how the original NPRM compared to the prior D/S framework.
Frequently Asked Questions
When does the final rule take effect?
60 days after publication in the Federal Register on July 17, 2026, so on September 15, 2026, unless the congressional review period changes that timeline.
Does this apply to students and exchange visitors already in the U.S.?
Yes, but with a significant cushion. Anyone already in F or J status under D/S can continue under that framework until their program end date or four years after the effective date, whichever comes first, without immediately needing to file an Extension of Stay.
Can a school still extend my program directly?
A Designated School Official or Responsible Officer can still recommend a program extension, but staying in the U.S. beyond the fixed admission period now requires a separate Extension of Stay application approved by USCIS.
How long is the F-1 departure grace period now?
30 days after completing a course of study or authorized practical training, down from the previous 60 days.
Is this rule guaranteed to take effect as written?
Not necessarily. It’s classified as a major rule subject to congressional review, so the effective date or specific provisions could still change before it takes hold.
If you have questions about how this rule could affect your F-1, J-1, or I status, or your school’s or organization’s compliance obligations, our attorneys are available to help.
If you or your family members have any questions about how Special Immigrant Juvenile Status or other immigration matters may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by visiting our website at www.visaserve.com for more information.