DHS Rule Ends D/S for F, J, I Visas, Replaces with Fixed Terms

DHS replaced Duration of Status with fixed Admission Periods for F, J, and I visas, showing departure dates on I-94s; extensions need Form I-539, fees, biometrics, and limited qualifying reasons. Unlawful presence begins the day after the end date, increasing enforcement and reentry-bar risks. Track I-94 dates and file early.

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Key takeaways
DHS ended Duration of Status and instituted fixed Admission Periods for F, J, and I visas affecting about 2.1 million people yearly.
I-94 records will show a fixed departure date; unlawful presence begins the day after that date without timely USCIS extension.
Extensions require Form I-539, fees, biometrics; F-1s get narrower qualifying reasons and limited program-change privileges.

The Department of Homeland Security has ended the long-running Duration of Status system for student, exchange visitor, and foreign media visas and replaced it with fixed end dates on admission. The overhaul, affecting about 2.1 million people each year, is laid out in the DHS rule posted for public inspection in the Federal Register. The rule eliminates open-ended stays tied to program compliance and installs clear, date-certain Admission Periods for F (students), J (exchange visitors), and I (foreign media) categories.

You can review the official details in the DHS final rule posted for public inspection.

DHS Rule Ends D/S for F, J, I Visas, Replaces with Fixed Terms
DHS Rule Ends D/S for F, J, I Visas, Replaces with Fixed Terms

What changes on arrival and I-94 records

Under the new framework, every traveler in these categories will see an explicit departure date on the I-94 record. After that date, the person must either:

  1. Leave the United States, or
  2. File a timely extension of stay with USCIS.

Unlawful presence now starts the day after the fixed admission period ends. This is a sharp shift from Duration of Status, where unlawful presence usually began only after an official finding of a violation. The change makes late filings or overlooked dates far riskier for F-1 students, J-1 exchange visitors, and I media workers.

Key admission periods by category

F-1 (students)

  • Initial admission: up to 4 years or the program length, whichever is shorter.
  • Arrival buffer: 30 days.
  • Departure buffer: 30 days.
  • Language training cap: 24 months total (to prevent long-term chaining of language programs).
  • Public high school study: 12-month cap remains.
  • Special rules: border commuter students who live in Canada or Mexico are treated under distinct rules.

J-1 (exchange visitors)

  • Maximum stay: 4 years or the program length, with 30-day arrival and departure buffers.
  • Applies across J-1 categories: professors, research scholars, trainees, teachers, au pairs, etc.
  • Exceptions: Some programs naturally beyond 4 years (e.g., graduate medical education for physicians up to 7 years, certain research scholars up to 5 years) will require extensions to continue legally.

I (foreign media)

  • Admission length: up to 240 days per admission.
  • For nationals of the People’s Republic of China (PRC passport holders, excluding Hong Kong or Macau SAR passport holders): 90 days per admission.
  • Extensions: Up to 240 days (or 90 days for PRC nationals) may be available but require formal USCIS requests.

Policy changes and extension process

All three groups—F, J, and Imust now seek permission from USCIS to stay beyond the fixed end date. The mechanism is Form I-539, Application To Extend/Change Nonimmigrant Status.

  • The form carries filing fees and a biometric requirement.
  • USCIS will expect proof that the person has followed status rules (for example, F students must show financial ability to pay tuition and living costs without illegal work).
  • More details and filing steps are on the USCIS Form I-539 page.

For F-1 extensions, DHS narrows qualifying reasons. USCIS may approve more time for:

  • Compelling academic reasons, e.g., change of major or unforeseen research problems.
  • Documented medical illness, supported by licensed medical professionals.
  • Circumstances beyond the student’s control, such as natural disaster, school closure, or public health emergency.

USCIS will not grant extra time for academic probation, suspension, or repeated course failure. DHS also limits educational movement:

  • No transfers or program changes during the first academic year, unless SEVP allows an exception (e.g., school shutdown).
  • Graduate students cannot change programs during their studies.
  • After finishing one degree level, a student may move only to a higher level—not repeat the same level or drop to a lower one.

These restrictions aim to curb “professional student” patterns where people chain programs for many years without real educational progress.

Employment while extension is pending

If a person files a timely extension, certain employment may continue for up to 240 days while the request is pending:

  • F-1: on-campus jobs, Curricular Practical Training (CPT), and employment based on severe economic hardship.
  • J-1: employment permitted as part of the J-1 program.
  • I: media employment (for PRC nationals, up to 90 days).

For post-completion Optional Practical Training (OPT), F-1 students must file both the extension of stay and the employment authorization application to keep working. STEM OPT still carries a 180-day automatic extension while the employment authorization is pending.

Implementation and transition rules

  • People already in the U.S. on F or J status when the rule takes effect receive a fixed date tied to the program end date on their current Form I-20 or Form DS-2019, but not more than four years from the rule’s effective date.
  • F students keep a 30-day departure period after finishing their program (reduced from the prior 60-day window to align with J rules).
  • Those with pending OPT applications at transition get a limited grace period of six months to file without first securing an extension of stay.

  • I nonimmigrants present on the rule’s start date get automatic extension of up to 240 days (or 90 days for PRC nationals). To remain longer, they must file an extension with USCIS before the new end date.

Enforcement, risks, and national security rationale

Enforcement tightens significantly:

  • Under prior Duration of Status, unlawful presence usually began only after a formal finding. Now, unlawful presence begins the day after the fixed end date if the person remains without timely extension.
  • This can trigger the 3-year or 10-year reentry bars under INA 212(a)(9)(B) much more quickly for those who miss deadlines.

DHS argues the rule improves national security by increasing routine checks—biometrics, criminal record reviews, and security screenings—during more frequent extension filings. The change responds to documented fraud and espionage concerns tied to certain student activity and aligns F/J/I visas with other nonimmigrant categories that already use fixed periods.

Estimated costs and administrative impact

DHS projects meaningful costs tied to the change:

  • Over ten years, the agency estimates annualized costs of about $390.3–$392.4 million.
  • Cost drivers include extension filing fees, time spent by applicants, Designated School Officials (DSOs) and Responsible Officers (ROs), and employer compliance.
  • Estimated annual extension volumes: ~205,000 for F, ~203,000 for J, and ~6,000 for I.

The rule takes effect 60 days after publication and includes a severability clause so DHS can keep parts in force even if other parts face court challenges.

Practical impacts for individuals and institutions

  • A doctoral student with extended lab work may need an extension for compelling academic reasons.
  • A student on probation cannot use probation as a basis to extend.
  • Language students can no longer chain programs beyond a 24-month cap.
  • An overseas bureau chief on an I visa must track the 240-day limit (or 90-day for PRC nationals) and request extensions early to avoid work authorization gaps.

VisaVerge.com analysis recommends tracking the I-94 end date closely and preparing extension packets months in advance to reduce the risk of gaps.

For schools and sponsors:

  • International offices must flag students approaching fixed dates and advise on qualifying extension reasons.
  • Employers hosting interns, trainees, or research scholars should expect more check-ins and may need to update HR tracking to avoid payroll issues if authorization lapses.
  • Check your I-94 now and note the fixed end date.
  • If you need more time, start a draft of Form I-539 early and gather biometrics and financial evidence.
  • F-1 students: discuss with your DSO whether your reason fits DHS criteria before filing.
  • For post-completion OPT: file both the extension of stay and the employment authorization application to avoid work breaks.
  • Keep copies of grades, research timelines, and medical letters to support extension requests.
  • Set calendar alerts for 180, 120, and 90 days before your end date.

Sector-specific implications

  • Exchange programs that exceed four years must build in extension planning (e.g., J-1 research scholars or J-1 physicians in graduate medical education up to 7 years).
  • Media organizations should anticipate repeated I visa filings for reporters and crews and align travel plans with the new windows.

Stakes and takeaways

DHS states the overhaul addresses program integrity and national security while aligning F, J, and I with most work and visitor visas. Supporters cite concerns about fraud and technology theft; student advocates warn that fixed dates and narrower extension criteria reduce flexibility for genuine academic delays and sudden school issues.

The end of Duration of Status is more than a paperwork shift. It changes how people plan school, research, and careers in the United States. With firm Admission Periods, time becomes a resource that must be measured, documented, and renewed with care—or surrendered at the deadline.

For students, scholars, families, campuses, and newsrooms: early planning, close calendar management, and steady communication with DSOs and ROs are now essential to avoid fast and potentially long-lasting consequences.

Frequently Asked Questions

Q1
What does the end of Duration of Status mean for my I-94?
The I-94 will now show a fixed departure date (Admission Period). You must depart by that date or file Form I-539 with USCIS before it expires; otherwise, unlawful presence begins the next day and can trigger reentry bars.

Q2
How do I apply to stay longer once my fixed admission period ends?
File Form I-539, pay required fees, and complete biometrics as directed by USCIS. Gather supporting documents (financial proof, academic records, medical letters) and submit before the I-94 end date to avoid gaps.

Q3
Can I keep working while my extension is pending?
Certain employment may continue for up to 240 days while an extension is pending: on-campus jobs, CPT, severe economic hardship work for F-1, program employment for J-1, and media work for I. For OPT, you must file both the extension and the employment authorization application to continue working.

Q4
What reasons will USCIS accept to extend an F-1 student’s stay?
USCIS will consider extensions for compelling academic reasons (e.g., major change or research delays), documented medical illness, or circumstances beyond your control (natural disaster, school closure). Requests based on probation, suspension, or repeated course failure will likely be denied.

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Duration of Status → Previous DHS policy allowing F, J, and I nonimmigrants to stay as long as they maintained program compliance without a fixed end date.
Admission Period → A fixed, date-certain period of authorized stay displayed on the I-94 record for F, J, and I visa holders.
I-94 → CBP arrival/departure record that now shows the explicit departure date for admitted nonimmigrants.
Form I-539 → USCIS application form used to request an extension or change of nonimmigrant status.
Unlawful presence → Time spent in the U.S. after the authorized stay ends; now begins the day after the fixed admission period expires.
OPT (Optional Practical Training) → Post-completion employment authorization for F-1 students that requires a separate EAD application and, now, an extension of stay.
SEVP (Student and Exchange Visitor Program) → Department of Homeland Security program that oversees schools and exchange sponsors for F and J participants.
Reentry bars (INA 212(a)(9)(B)) → Three- or ten-year bans on returning to the U.S. triggered by accruing unlawful presence.

This Article in a Nutshell

DHS replaced Duration of Status with fixed Admission Periods for F, J, and I visas, showing departure dates on I-94s; extensions need Form I-539, fees, biometrics, and limited qualifying reasons. Unlawful presence begins the day after the end date, increasing enforcement and reentry-bar risks. Track I-94 dates and file early.

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