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The end of Duration of Status: what F-1 and J-1 visa holders and their employers need to know

DHS has finalized a rule replacing open-ended student and exchange admission with a fixed date on your I-94. Here is what changes, who it affects, and what to do before it takes effect.
Key dates:  Published July 17, 2026. Takes effect around September 15, 2026, which is 60 days after publication. That 60-day window is the time to get organized.

The Department of Homeland Security has published a final rule ending “Duration of Status” for F-1 students and J-1 exchange visitors. It is one of the more consequential procedural changes to these categories in decades, and it is worth understanding now rather than scrambling later.

“Duration of Status” (D/S) is the open-ended admission that has applied to F-1 and J-1 nonimmigrants for decades. Instead of staying as long as you are maintaining your program, you will now be admitted until a specific date tied to your I-20 or DS-2019 end date, capped at 4 years at a time. Anyone who needs more time must file a formal extension of stay (EOS) with USCIS.

The rule is not effective immediately. It is scheduled for publication on July 17 and takes effect 60 days later, around September 15, 2026, subject to congressional review.

What is actually changing

The core shift is from an open-ended stay to a fixed end date printed on your Form I-94. Your admission will be tied to the program end date on your I-20 or DS-2019, capped at 4 years per admission, and shown as a fixed “admit until” date on your Form I-94. To stay beyond that date, you file an extension of stay (Form I-539) with USCIS instead of getting an extension through your school. The post-completion grace period for F-1 students drops from 60 days to 30 for anyone entering or re-entering on or after the effective date. Graduate-level F-1 students also face new limits on changing educational objectives, transferring schools mid-program, or moving to a same or lower level program after finishing one, and students in English language programs are capped at 24 months in total. The same fixed-date framework applies to I media visa holders as well.

What this means for you

F-1 student currently in school (including on CPT)

If you are already here in D/S status, a transition provision applies: your admission converts to a fixed date, your current program end date plus the now shorter grace period, capped at 4 years from the rule’s effective date. If your program runs longer than 4 years, such as a PhD or dual-degree, you will need to file a formal extension (Form I-539) with USCIS before your fixed period expires, rather than getting one through your school.

On OPT or STEM OPT

This is the group most likely to feel the change, and there is an important transition window. If you are already in F-1 status and in the US when the rule takes effect, you can apply for OPT or STEM OPT for roughly the first 6 months without the added extension of stay (Form I-539) filing, as long as you do not leave the country. After that window, an I-539 EOS is expected to become standard alongside your I-765. If you file a timely EOS, certain work authorization can be automatically extended for up to 180 days while it is pending.

J-1 exchange visitor

The same shift applies: a fixed date tied to your DS-2019, capped at 4 years, with a formal extension process required to stay longer. This affects researchers, professors, physicians, and trainees on multi-year appointments.

If you need to travel: your visa stamp and your D/S status are two different things. A valid stamp does not need replacing. Re-entering after the rule takes effect should trigger your new fixed I-94 date, so check your I-94 expiration going forward to avoid a status or work-authorization lapse.

For in-house immigration and HR teams

If your workforce includes F-1 or J-1 talent, this moves extensions from a rare event to a recurring, budgeted process. A few things to start now:

  • Audit your F-1 and J-1 population, if you have not already, so you know who is affected and when.
  • Start collecting I-20, DS-2019, EAD, and current I-94 records so you have a baseline once fixed dates are actually assigned.
  • Budget for a real increase in extension filings, including fees, counsel time, and biometrics. This was close to a zero-cost category before and will not be going forward.
  • Loop in outside counsel early on how EOS filings interact with OPT and STEM OPT timing specifically, since public guidance on that mechanic is still evolving.

Casium will keep posting updates as the details firm up and as guidance on the transition period becomes clearer. If you manage a foreign national workforce, now is the time to build extension timing into your planning.

Read the full rule: federalregister.gov/d/2026-14439

This post is general information about a developing regulation, not legal advice, and it does not create an attorney-client relationship. Rule details, including transition timing, may change before and after the effective date. For guidance on your specific situation, consult a qualified immigration attorney.

Your questions?
Answered

What is the new DHS rule ending Duration of Status?

DHS has finalized a rule that ends Duration of Status for F-1 students, J-1 exchange visitors, and I media representatives. Instead of open-ended admission, these nonimmigrants will be admitted until a specific date on their I-94, tied to their program end date and capped at 4 years at a time, with extensions filed through USCIS.

When does the DHS Duration of Status rule take effect?

The rule is scheduled to publish on July 17, 2026 and takes effect 60 days later, around September 15, 2026. That 60-day window is subject to congressional review.

How long can F-1 students stay in the US under the new Duration of Status rule?

Under the new rule, F-1 students are admitted for the length of their program up to a maximum of 4 years at a time. Programs that run longer, such as a PhD, require a formal extension of stay filed with USCIS before the fixed date expires. English language program students are capped at 24 months in total.

What happens if my F-1 program is longer than 4 years under the new rule?

If your program exceeds 4 years, such as a PhD or dual-degree, you must file a formal extension of stay (Form I-539) with USCIS before your fixed period expires. Extensions are no longer granted through your school's Designated School Official.

How does the new Duration of Status rule affect OPT and STEM OPT?

OPT and STEM OPT applicants are the group most likely to feel the change. If you are already in F-1 status and in the US when the rule takes effect, you can apply for OPT or STEM OPT for roughly the first 6 months without the added I-539 filing, as long as you do not leave the country. After that window, an I-539 extension is expected alongside the I-765, and a timely filing can keep certain work authorization valid for up to 180 days while it is pending.

What form do F-1 and J-1 visa holders use to file an extension of stay?

F-1 and J-1 nonimmigrants file Form I-539 with USCIS to extend their stay under the new rule. This replaces the school-level extension process and adds fees, counsel time, and potential biometrics.

What should employers do about the F-1 and J-1 Duration of Status rule?

Employers with F-1 or J-1 talent should audit their affected population, collect I-20, DS-2019, EAD, and current I-94 records, budget for a real increase in extension filings, and consult counsel early on how extensions interact with OPT and STEM OPT timing.

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