DHS has moved a proposed rule to eliminate the 60-day grace period for certain nonimmigrant workers into OMB review, including H-1B, TN, and other categories. The proposal would change the current regulation that lets covered workers remain in status for up to 60 consecutive days after employment ends, and it must still clear White House review before any public comment period begins.
- The review covers a proposal under RIN 1615-AD22 that would eliminate the grace period for principal nonimmigrants and their dependents when the principal’s employment ends before the period of stay expires.
- The existing regulation, created in 2016 and effective in early 2017, covers E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN nonimmigrants.
- Under current rules, the grace period lasts the shorter of 60 days or the principal’s I-94 expiration date and is available once during each authorized petition validity period.
- The regulation gives DHS discretion to “eliminate or shorten this 60-day period”, making the proposal a direct use of existing authority rather than a wholly new policy framework.
- The Department of Homeland Security ended duration of status for F, J, and I visa holders.
- New fixed admission periods cap stays at four years for most international students and researchers.
- The new regulation will take effect September 15, 2026 for over two million nonimmigrants.
The Department of Homeland Security finalized a rule ending Duration of Status for F-1, J-1 and I nonimmigrants. The change takes effect September 15, 2026.
The rule replaces the current system with fixed admission periods tied to program dates or set limits. F and J nonimmigrants generally may stay until their program ends, but no longer than four years, followed by a 30-day grace period.
I nonimmigrants, who include foreign media workers, will generally receive up to 240 days. Some passport holders from the People’s Republic of China face shorter periods.
DHS estimates the rule will cover 2.1 million nonimmigrant participants. The affected population includes international students, researchers, trainees and media workers.
Employers will have to track authorized stay dates more closely. The change reaches hiring, Form I-9 reverification and decisions about whether a worker can remain on the job while seeking more time in the United States.
Employers will have to plan around each worker’s end date
Under the new framework, F-1 and J-1 workers cannot be treated as authorized for the full length of an academic or training program simply because they entered in D/S status. Anyone who needs to remain beyond the date on the I-94 will need to file an extension of stay with U.S. Citizenship and Immigration Services.
That requirement shifts more work to employers, universities and program sponsors. Human resources teams will need earlier warnings about expiration dates. Immigration teams will need to coordinate filings before a worker’s authorized period ends.
The change affects more than paperwork. A delayed extension filing could complicate staffing plans for higher education, research, clinical training and media organizations that depend on workers whose programs do not fit neatly within a four-year period.
Research universities have identified doctoral researchers, postdoctoral fellows and physician trainees as especially exposed to the new timing rules. Their programs often last longer than four years.
| Category | New admission limit or rule | Employer or program impact |
|---|---|---|
| F-1 students | Program end date, capped at four years | Track the I-94 end date and any extension filing |
| J-1 exchange visitors | Program end date, capped at four years | Coordinate with the program sponsor before the authorized stay ends |
| I media workers | Up to 240 days, with shorter periods for certain People’s Republic of China passport holders | Build shorter authorization periods into staffing plans |
| F-1 post-completion OPT and STEM OPT applicants | Transition relief applies to pending applications and applications filed within six months of the effective date | A separate F-1 status extension is not required under the transition measure |
Travel after the effective date can change the governing rules
Reentry will become a key dividing line. An F-1 or J-1 nonimmigrant who leaves the United States and returns after September 15, 2026, will enter under the new fixed-date system rather than the former D/S framework.
That creates a travel issue for workers and their employers. A person who held D/S before departure may return with an admission end date that requires a new planning schedule.
Current F-1 and J-1 nonimmigrants in the United States receive a separate transition rule. They may generally remain until their current program end date or September 15, 2030, whichever comes first.
The protection is not identical after travel. Leaving the country and reentering after the rule takes effect moves the person into the new admission structure.
OPT applicants receive limited transition protection
DHS included a special measure for F-1 students with pending post-completion OPT or STEM OPT applications. Students who file those applications within six months of the rule’s effective date also qualify for the measure.
Those students do not need to submit a separate F-1 status extension under the transition provision. The relief is tied to the specified applications and filing window.
The provision does not remove the broader need to monitor end dates. Employers still face reverification and internal tracking obligations as the older open-ended model disappears.
The new system reaches universities and clinical programs first
The rule’s operational effects will fall across several types of institutions. Universities must monitor student and researcher dates. Research organizations must account for longer projects. Hospitals and training programs must watch the admission limits affecting physician trainees.
Media employers may face a different scheduling problem because I nonimmigrants generally receive a maximum of 240 days. Certain Chinese passport holders may receive less time, adding another variable to assignments and renewals.
Employers that previously planned around a program’s expected duration will need to plan around the authorized admission date instead. They will also need closer coordination with school officials and exchange-program sponsors.
The timing of an extension will matter. A worker who needs additional time must pursue the USCIS process rather than rely on continued D/S treatment.
The rule therefore turns immigration tracking into a recurring workforce-planning task. Each I-94 end date can affect staffing continuity, reverification and the timing of a worker’s next filing.
The first compliance deadline arrives with the rule’s effective date, September 15, 2026. Existing F-1 and J-1 holders remain covered by the transition rule only until their program end date or September 15, 2030, whichever comes first.
