This rule has been enjoined in ongoing litigation, with the court postponing its effective date pending final resolution of the case; accordingly, the current regulations governing F-1 and J-1 status remain unchanged. Presidents’ Alliance on Higher Education and Immigration, et al. v. U.S. Department of Homeland Security, et al., No. 26-13799-FDS (D. Mass. Sept. 14, 2026).
The Department of Homeland Security (DHS) published a final rule replacing the longstanding “duration of status,” or D/S, framework for certain nonimmigrants, including students, exchange visitors, and most foreign media representatives, with fixed periods of admission.
The rule is currently scheduled to take effect on September 15, 2026. DHS will publish a subsequent notice if congressional review changes the effective date or terminates the rule.
F and J Nonimmigrants
Under the new rule, beginning September 15, 2026:
- F and J nonimmigrants generally may be admitted through the end of their academic or exchange program, for no more than four years, plus an applicable 30-day departure period.
- For individuals admitted for a fixed period, extending a program in SEVIS or receiving an updated Form I-20 or DS-2019 will not, by itself, extend the expiration date on Form I-94. Individuals needing additional time must either:
- File a timely extension-of-stay application with USCIS; or
- Depart the United States and seek readmission.
- Students completing a program after the effective date will also face new restrictions on pursuing another program at the same or a lower educational level.
F and J nonimmigrants who are properly maintaining duration of status (D/S) on September 15, 2026, will be covered by special transition rules. Their authorized stay will generally extend through the later of the applicable program end date or Employment Authorization Document (EAD) expiration date, subject to a four-year transition limit. Qualifying F-1 students covered by these transition provisions generally retain a 60-day departure period, while J nonimmigrants retain a 30-day period.
F-1 Grace Period Reduced
For students subject to the new fixed-period framework, the F-1 post-completion departure period will decrease from 60 days to 30 days. These students will have less time to:
- Depart the United States;
- Transfer schools;
- File a change or extension of status; or
- Take other action to maintain lawful status.
Students should begin post-completion planning well before their program or employment authorization ends.
Programs Exceeding Four Years
Under the new rule, students and exchange visitors in doctoral programs, medical training, research appointments, and other long-term programs may need to file extension applications with USCIS. An updated Form I-20 or DS-2019 will not authorize continued stay beyond the expiration date on the Form I-94.
Dependents
When family members apply for extensions together, extensions must be granted for the same period and the shortest period available to any family member may limit the extension granted to the entire family. This provision may be particularly important where a dependent child is approaching age 21 or another applicant’s passport expires earlier than the program end date.
I Foreign Media Representatives
Most foreign media representatives on I visas will be admitted for a maximum of 240 days.
- PRC passport holders, excluding Hong Kong and Macau SAR passport holders, will continue to be limited to 90-day admissions.
- Most I nonimmigrants currently in D/S status may remain until May 13, 2027.
- Covered PRC passport holders may generally remain until December 14, 2026.
- Additional time will require a timely USCIS extension filing or departure and readmission.
Recommended Action
We recommend the following proactive steps for individuals, schools, exchange programs, employers, and media organizations impacted by the new rule:
- Review and track Form I-94 expiration dates;
- Identify programs likely to exceed four years;
- Begin F-1 post-completion planning earlier;
- Coordinate SEVIS extensions with USCIS filings;
- Review passport expiration and dependent age-out dates; and
- Evaluate applicable transition deadlines.
The rule does not substantially change the eligibility requirements for F, J, or I classification, but it significantly changes how individuals must maintain status and plan for extensions. The immigration attorneys at Ryan Swanson Law are available to help individuals and employers ensure that they maintain lawful status in the U.S. and compliance with immigration laws.
