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The End of "Duration of Status": What’s Changed and What’s Next?

DHS's final rule ends Duration of Status for F-1, J-1, and I visa holders on September 15, 2026. Here's what changes for each group, and how to stay compliant.

For nearly five decades, F-1 students, J-1 exchange visitors, and I visa (foreign media) representatives could remain in the U.S. under "Duration of Status" (D/S), an open-ended admission tied to staying enrolled, in-program, or employed, with no fixed expiration date on file. That ends on September 15, 2026.

DHS's final rule replaces D/S with a fixed period of admission for all three categories, backed by a formal extension-of-stay process modeled on how most other nonimmigrant visa categories already work. This rule changes what "in status" means for hundreds of thousands of people currently studying, teaching, researching, or working in the U.S.

What Changed, in Plain Terms

Until now, an F-1, J-1, or I visa holder's Form I-94 simply said "D/S". Status was determined by SEVIS records and program compliance, not a printed date. Starting September 15, 2026, every F-1, J-1, and I visa holder gets a fixed "admit until" date on their I-94. Once that date passes, staying longer requires an approved Extension of Stay (EOS), filed on Form I-539, before the current period runs out.

If you're in valid F-1, J-1, or I status on September 15, 2026, you don't need to file anything right away. You're automatically converted to a fixed admission period ending on the earlier of 

(a) your program end date on your I-20 or DS-2019, or

(b) four years from the rule's effective date, September 15, 2030, plus a departure grace period. 

International travel after that date can trigger a new fixed period on re-entry, so re-entry timing matters more than it used to.

For Employers

This is the section with the most operational risk, because unlawful presence and out-of-status employees are now compliance failures with a specific date attached. Here are some important things employers need to keep in mind.

  • Every F-1, J-1, and I visa employee now has a countdown. Each employee has an "admit until" date, and it needs to be tracked exactly like an EAD or visa expiration.
  • OPT and STEM OPT timing gets tighter. Students filing Form I-765 for OPT or STEM OPT by March 18, 2027 get a transition accommodation and can avoid a separate Extension of Stay filing, but that window won't stay open forever, and employers sponsoring F-1 talent through the OPT-to-H-1B pipeline should build this into onboarding and immigration case timelines now.
  • I-539 processing delays are coming. USCIS itself projects roughly 390,000 F-visa and 31,000 J-visa Extension of Stay filings annually at peak, a volume that didn't exist under D/S. Expect longer processing times and plan filings well ahead of expiration, not at the deadline.
  • Sponsor and researcher programs face a hard ceiling. J-1 Research Scholar and Alien Physician categories, which commonly run 5–7 years, now bump against the 4-year cap; meaning multi-year research appointments need early extension planning.
  • Spreadsheet tracking won't hold up. Manually tracking I-94 dates, I-20/DS-2019 program end dates, and I-539 filing windows across a distributed workforce is exactly the kind of process that breaks silently, usually right before someone falls out of status.

If you are an employer, then you need to inventory every F-1, J-1, and I visa employee; pull their current I-94 "admit until" date once issued; and put EOS filing deadlines on a calendar with enough lead time for biometrics and processing, not the day before they expire.

For F-1 Students

  • Fixed admission period, up to 4 years. Your I-94 will now show a real expiration date instead of "D/S," generally tied to your program length, capped at four years.
  • Grace period cut in half. The departure grace period after your program ends drops from 60 days to 30 days. That's less runway to depart, transfer, or transition to another status.
  • Extensions require a real reason. To extend beyond your fixed date, you'll need to file Form I-539 and show a compelling academic reason, a documented illness, or circumstances beyond your control, routine "still finishing my degree" won't automatically qualify the way D/S implicitly allowed.
  • Transfers are more restrictive. Undergraduates generally need to complete one full academic year before transferring schools; graduate students generally can't change academic objectives or transfer schools without extenuating circumstances.
  • OPT/STEM OPT filers get a transition window. Students currently in the U.S. who file Form I-765 for OPT or STEM OPT by March 18, 2027, get a transition accommodation and can avoid a separate Extension of Stay filing, provided they do not travel internationally after September 15, 2026. Re-entering the U.S. triggers the new rules immediately, meaning they will have to file (and pay for) an I-539 regardless of the transition date. Employers sponsoring F-1 talent through the OPT-to-H-1B pipeline should build this timeline, and strict travel advice, into onboarding and immigration case timelines now.
  • English language training has its own ceiling. F-1 students enrolled in English language training programs are now subject to a strict 24-month aggregate limit on their admission period. This 24-month cap includes all school breaks and annual vacations.

For J-1 Exchange Visitors

  • Same 4-year cap. Like F-1, your new fixed admission period tops out at four years, tied to your DS-2019 program end date.
  • Grace period unchanged at 30 days. J-1's departure grace period was already 30 days and stays that way.
  • Extensions go through Form I-539. You'll need to demonstrate continued program need to extend past your fixed date: plan for processing time, since J-visa EOS filings are a new, high-volume category for USCIS.
  • Research Scholars and Alien Physicians: pay close attention. These categories often run longer than four years. If your program was approved for 5–7 years, talk to your program sponsor now about how the new cap affects your timeline.

For I Visa Holders (Representatives of Foreign Media)

  • Much shorter admission window. I visa holders get a fixed period of up to 240 days, 90 days for holders of a People's Republic of China (PRC) passport.
  • Extensions are available and repeatable. You can file Form I-539 for additional 240-day periods (or 90-day periods for PRC passport holders). There is no hard cap on the number of extensions as long as you remain eligible and actively engaged in the qualifying media activity, but each one requires a separate filing with its own strict deadline.
  • You can keep working while an extension is pending. If you file before your current period expires, you're generally authorized to continue working for up to 240 days while USCIS adjudicates the extension.

D/S removed a huge amount of manual tracking from F-1, J-1, and I visa compliance for almost 50 years, because there was no fixed date to track. That's no longer true. Every one of these visa holders now has a specific "admit until" date, a specific extension process, and a specific deadline to file before falling out of status.

For international students and exchange visitors, the biggest risks are the shorter F-1 grace period, the tighter extension standard, and program lengths (especially J-1 research categories) that now exceed the 4-year cap. For employers, it's the sheer number of new dates to track across a workforce that, until now, didn't require this kind of individualized monitoring.

At Casium, we've built solutions that help you easily manage and track your employees who might be at risk when new regulations and changes like this come into effect. If you'd like to learn how you can better manage your team without having to rely on an aged Excel spreadsheet, connect with us today.

This post is for general informational purposes and does not constitute legal advice. Immigration status determinations are fact-specific. Consult your Designated School Official, Responsible Officer, or immigration counsel for guidance on your individual situation.

Your questions?
Answered

What is the maximum time F-1 and J-1 visa holders can stay under the new rule?

Under the new rule, F-1 and J-1 visa holders will generally be admitted for the length of their academic or exchange program, capped at a maximum of four years. Certain programs, like F-1 English language training, are capped at an aggregate of 24 months. To stay longer than the fixed date, individuals must file a Form I-539 Extension of Stay (EOS) with USCIS.

How does the new rule impact the F-1 student grace period?

The standard departure grace period for F-1 students has been reduced from 60 days to 30 days. However, there is a grandfathering clause: F-1 students who are already in the U.S. under D/S on September 15, 2026, and do not travel internationally, will retain their original 60-day grace period for their current authorized stay.

Can F-1 students still enroll in a second degree at the same educational level?

No. Under the final rule, F-1 students are prohibited from starting a new academic program at the same or a lower educational level. For example, a student who completes a Master’s degree cannot enroll in a second Master’s degree or a Bachelor's degree program. They may only pursue a program at a higher educational level.

How many times can an I visa (foreign media) holder extend their stay?

I visa holders are generally admitted for up to 240 days (or 90 days for People's Republic of China passport holders). There is no hard cap on the number of extensions you can request, provided you remain eligible and actively engaged in qualifying media activities. However, each extension requires a separate Form I-539 filing before the current status expires.

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