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Takeaways
- DHS is replacing “duration of status” (D/S) with fixed periods of admission period of up to four years for F-1 students and J-1 exchange visitors.
- The rule also shortens the F-1 post-completion grace period from 60 days to 30 days and includes additional changes affecting school transfers, educational objectives, employment authorization and J-1 program administration.
- Employers should update compliance procedures before the rule’s 09.15.26 effective date.
Article
The Department of Homeland Security (DHS) has published a final rule replacing the long-standing “duration of status” (D/S) framework for F-1 academic students and J-1 exchange visitors with fixed periods of admission. Effective Sept. 15, 2026 (60 days after publication in the Federal Register), the rule also establishes a new extension of stay (EOS) process administered by U.S. Citizenship and Immigration Services (USCIS) for individuals who need additional time to complete their academic or exchange programs.
For employers, the rule significantly changes how many F-1 and J-1 nonimmigrants maintain lawful status. Instead of relying primarily on compliance with program requirements and SEVIS documentation, maintaining status will generally require monitoring Form I-94 expiration dates and, when additional time is needed, the timely filing of EOS applications with USCIS.
Fixed Admission Periods Replace D/S
F-1 and J-1 nonimmigrants and their dependents generally will be admitted for the length of the academic or exchange program reflected on Form I-20 or Form DS-2019, up to four years. Special rules apply to family members, who need to ensure their stay will not be shortened due to an expiring passport or a child’s age out since all family members may receive the shortened date.
The rule preserves the current 30-day pre-program period during which an individual may enter the United States. Following program completion, F-1 students generally will have 30 days instead of 60 days to depart the United States or otherwise maintain lawful status. The rule does not change the current post-program 30-day departure period for J-1 exchange visitors.
If an F-1 student or J-1 exchange visitor completes or otherwise ends a program before the scheduled end date, the individual generally must depart or otherwise maintain lawful status within 30 days of the revised program end date. An F-1 student who fails to maintain a full course of study, however, will not receive a departure grace period.
EOS Filings Become Part of Maintaining Status
The final rule changes how F-1 and J-1 nonimmigrants extend their authorized stay.
Historically, many students and exchange visitors maintained status by obtaining updated Form I-20s or DS-2019s through their educational institution or exchange program sponsor. Under the final rule, extending program documentation alone generally will not be sufficient. Individuals whose programs extend beyond their admission period generally must timely file an EOS application with USCIS to continue their authorized stay.
The rule also clarifies several aspects of the new process:
- F-1 students who timely file an EOS application may continue pursuing a full course of study while the application is pending.
- Certain employment authorized incident to F-1 status (including on-campus employment, curricular practical training (CPT), employment based on severe economic hardship, and Special Student Relief employment) generally will receive an automatic extension of up to 240 days while a timely EOS application is pending.
- Travel outside the United States while an EOS application is pending does not, by itself, constitute abandonment of the application.
Additional Changes
For F-1 students, DHS adopts new restrictions on certain school transfers and changes in educational objectives, while adding a limited exception permitting SEVP to authorize certain graduate-level school transfers in extenuating circumstances. The rule also limits English language training programs to an aggregate of 24 months, preserves the existing H-1B cap-gap provisions, and provides temporary transition relief for certain students with pending post-completion Optional Practical Training (OPT) or STEM OPT applications.
For J-1 exchange visitors, the rule clarifies reinstatement procedures, revises certain reporting timeframes to align with Department of State requirements, and confirms that J-2 dependents generally will not receive automatic employment authorization extensions while EOS applications are pending.
Employer Considerations
Employers that recruit or employ F-1 students participating in OPT or STEM OPT, employ J-1 exchange visitors, or sponsor these individuals for H-1B status should review their immigration compliance procedures before the rule takes effect.
In particular, employers should ensure that immigration tracking systems monitor Form I-94 expiration dates alongside relevant SEVIS program dates, enabling them to identify potential EOS filing needs well before an individual’s authorized stay expires. Employers, educational institutions, and exchange program sponsors also may wish to update onboarding materials, immigration policies, and internal guidance to reflect the new framework.
DHS included transition provisions for certain individuals currently in D/S status, as well as temporary accommodations for some pending OPT, STEM OPT, and J-1 applications. Employers should assess their affected populations and determine whether additional planning is needed.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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