DHS Rule Ends Duration of Status, Sets Fixed Admission Periods and 30-Day Grace Period

DHS ends indefinite 'Duration of Status' for F, J, and I visas, replacing it with fixed 4-year caps and specific end dates starting September 15, 2026.

Key Takeaways
  • 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.

DHS Rule Ends Duration of Status, Sets Fixed Admission Periods and 30-Day Grace Period
DHS Rule Ends Duration of Status, Sets Fixed Admission Periods and 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.

CategoryNew admission limit or ruleEmployer or program impact
F-1 studentsProgram end date, capped at four yearsTrack the I-94 end date and any extension filing
J-1 exchange visitorsProgram end date, capped at four yearsCoordinate with the program sponsor before the authorized stay ends
I media workersUp to 240 days, with shorter periods for certain People’s Republic of China passport holdersBuild shorter authorization periods into staffing plans
F-1 post-completion OPT and STEM OPT applicantsTransition relief applies to pending applications and applications filed within six months of the effective dateA 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.

People also ask

Answers from VisaVerge guides
What is the new rule regarding F-1 and J-1 visa holders' duration of status?

The DHS Final Rule replaces the long-standing Duration of Status policy with a fixed admission period capped at four years for F-1, J-1, and I visa holders.

Read: DHS Final Rule Ends Duration of Status, Prompting Brain Drain of Foreign Scientists
How does the proposed rule change the current duration of status (D/S) policy for F-1 and J-1 holders?

The proposal would replace the long-standing D/S policy with a fixed four-year limit on most international student visas and research scholar stays.

Read: BU Expands Opposition to DHS Four-Year Visa Limit Proposal
How will the duration of status for F and J visas change under the new proposal?

The proposal would replace the duration of status with fixed four-year admission periods based on the length of the I-20, capped at 4 years.

Read: Congress Proposes Educational Visa Transparency Act of 2026 to Tighten Student Tracking
When will DHS publish the rule to end Duration of Status for visas?
What changes are proposed for F-1 visa holders regarding 'Duration of Status'?

The Department of Homeland Security (DHS) is proposing to replace open-ended D/S for F-1 visa holders with fixed end dates, often between two and four years, requiring extensions for continued studies or OPT.

Read: Trump's 2025 Immigration Rules: Impact on F-1, H-1B, and Universities
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Nadia Hassan

Nadia Hassan covers immigration policy and legislation for VisaVerge.com, decoding the bills, executive actions, agency rule changes, and fee structures that reshape the system. With a sharp eye for how Washington's decisions reach ordinary applicants, she translates dense policy into practical context. Nadia's analysis gives readers the "what it means for you" behind every major immigration announcement.

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