New Immigration Rule Ends “D/S” for F and J Nonimmigrants
The U.S. Department of Homeland Security (DHS) published a final rule, which takes effect on September 15, 2026, that eliminates the “Duration of Status” (D/S) period of admission for F and J [1] nonimmigrants and replaces it with fixed admission periods. This final rule represents a significant shift in the administration of F and J visa classifications.
Currently, individuals in F and J status are admitted for “Duration of Status” (D/S), which means they can remain in the United States for as long as their applicable student program or exchange visitor program continued. The final rule changes this. Effective September 15, 2026, individuals in F and J status will now be admitted for a maximum period of four years, and may be admitted for a shorter duration if their student or exchange visitor program or F-1 OPT/STEM OPT Employment Authorization Document (EAD) ends sooner, or if they are admitted pursuant to F student status in certain non-degree-seeking student programs (e.g., English language training program or high school).
F and J nonimmigrants entering the U.S. or receiving a change of status to F or J will now receive I-94 records providing a fixed period of stay that is tied to the Program End Date listed on the I-20 or DS-2019 - subject to a four-year maximum - or the end date of the F-1 OPT/STEM OPT EAD, plus applicable grace periods. F and J nonimmigrants that need more time to complete their program or employment will be required to either apply to USCIS for an extension of status or change of status (if permitted) or depart the United States and request a new stay upon re-entry. These individuals will begin to accrue “unlawful presence” (which could subject them to a bar from returning to the U.S.) immediately after their admission period expires unless they timely file an extension of status with USCIS, a change of status with USCIS (if permitted), or depart the U.S. The individual’s Form I-94 expiration date will now be the operative deadline for maintenance of status.
The rule also shortens the F-1 grace period from 60 to 30 days and shifts the focus for determining status maintenance from the Student & Exchange Visitor Information System (SEVIS) to monitoring Form I-94 expiration dates and coordinating USCIS filings. This reduced grace period means students will have half the time to depart the U.S. or take actions to change or extend their status.
Transition Period: Individuals in F-1 and J-1 status who are physically present in the U.S. on September 15, 2026, will be allowed to remain in the United States until their Program End Date or EAD expiration date, whichever is later, up to a maximum of four years from the rule’s effective date (i.e., until September 15, 2030) plus a 60-day grace period for F-1s (i.e., until November 14, 2030) and a 30-day grace period for J-1s (i.e., until October 15, 2030). During this transition period, F-1 students retain a 60-day grace period, and J-1 exchange visitors retain a 30-day grace period. They do not need to file an extension of status with USCIS to benefit from this transition period.
International Travel After Effective Date: If an F-1 or J-1 nonimmigrant who is physically present in the U.S. in valid status on September 15, 2026, departs the United States after that date and later returns, they will be readmitted under the new rule with an I-94 that expires on the Program End Date on their Form I-20, F-1 Employment Authorization Document (EAD) expiration date, or Form DS-2019 program end date, but no later than four-years after their date of re-entry. After such reentry, they will only receive a 30-day grace period, meaning that F-1s will lose their eligibility for a transitional 60-day grace period because of the international travel and reentry. Once readmitted under these new rules, F-1 and J-1 nonimmigrants will need to file extension of status applications on Form I-539 with USCIS or leave the country and seek reentry for a new authorized period of stay, if they need more time to complete their program, transfer to a new program, and/or apply for OPT/STEM OPT, etc.
Dependents: The final rule adds a further complication which states that, “[e]xtensions granted to members of a family unit must be for the same period of time. The shortest period granted to any member of the family will be granted to all members of the family.” Until now, changes or extensions of stay in any nonimmigrant visa status which included applications by dependent family members would allow all applicants to be approved until the approved end date of the principal’s underlying program or employment status, shortening the approved validity only of an individual whose passport was due to expire sooner or who was aging out. The final rule changes this established practice, limiting the approvable period of stay for the principal and all dependents applying together to the shortest period based on the soonest passport expiration for any member in the family group or to the date any dependent ages out. The limit on the period of stay of I-94s will be the first to expire of: four years, Program End Date, F-1 OPT/STEM OPT EAD expiration date, or the earliest passport expiration date in the family or a dependent’s age-out deadline.
Additional Elements of the Rule: The final rule also places limitations on F-1 undergraduate students’ ability to change university programs, their degree major, or education level during their first academic year of study, unless an exception is granted. F-1 graduate students are restricted from changing majors or educational programs at any point, unless an exceptional circumstances authorization is granted.
Of important note for employers is the final rule’s new prohibition on F-1 students seeking a second U.S. degree at the same or a lower degree level. In addition to limiting the ability of international students to explore new areas of learning after earning a degree at the same level, this new prohibition will significantly impact the ability of F-1 students to utilize degree programs that permit immediate Curricular Practical Training employment authorization. In many cases, these “day-one CPT” programs are utilized by F-1 students who have completed their authorized period of OPT/STEM OPT following the award of a degree and thereafter are seeking a new degree at the same level but in a different field. Historically, F-1 students in this situation have been permitted to continue working while pursuing, for example, a second master’s degree in a complementary field of study. The final rule would permit such “day-one CPT” programs only if the student enrolls in a higher-level degree program.
Practice Tips: Employers with employees in F or J status should consider implementing procedures to:
Track Form I-94 expiration dates in addition to program end dates reflected on Forms I-20 and DS-2019.
Identify F-1 students and J-1 exchange visitors whose programs are expected to exceed four years and ensure that they prepare extension of status filings sufficiently in advance of their I-94 expiration dates.
Counsel F-1 students regarding the shortened 30-day grace period and the reduced flexibility for post-completion planning.
Coordinate with F-1 students, J-1 exchange visitors, and their DSOs and ROs to ensure that SEVIS program extensions are accompanied by timely USCIS Extension of Status filings where required.
Require F-1 and J-1 employees to provide their updated I-94 records immediately upon re-entering the U.S., as travel post-September 15, 2026, can trigger a new fixed expiration date.
Factor in possible processing delays for USCIS extension applications when planning long-term employment utilization for practical training or academic-tied extensions.
Recommend that F-1 or J-1 nonimmigrant already in the United States who plans to change programs, start a new degree or exchange program, or needs more time to complete their current program should work with their school or program sponsor to update their SEVIS record and receive an extended Form I-20 or Form DS-2019 as soon as possible, before the final rule takes effect on September 15, 2026.
Recommend that any F-1 student who is eligible to apply for OPT or STEM OPT before March 18, 2027, should do so as soon as they are eligible to file their Form I-765. Since F-1s can file OPT applications up to 90 days in advance of graduation, F-1 students graduating before June 15, 2027, should be able to file their OPT applications before March 18, 2027, and should do so to avoid also having to file Form I-539 to extend their stay. Thus, most F-1 students graduating in December 2026 and May/June 2027 should be able to take advantage of the transition rule’s delay in having to file Form I-539 applications and should only need to file Form I-765 to apply for OPT.
Coordinate so that incoming F-1 and J-1 nonimmigrants who are able to enter the United States before the rule’s September 15, 2026 effective date (within 30 days prior to their Program Start Date on the Form I-20 or Form DS-2019) do so to benefit from the transition rules, particularly the F-1 60-day grace period and the temporary relief from filing Form I-539 applications.
Ensure that F-1 and J-1 nonimmigrants (and their dependents) who plan to travel internationally around the time the rule takes effect, should return before the effective date to preserve their transition benefits, including the 60-day grace period for F-1s and a delay in needing to file Form I-539 applications.
This new rule has substantively changed the procedural framework governing maintenance of status for individuals in F-1 and J-1 status, as well as dependents in F-2 and J-2 status. Going forward, careful monitoring of admission periods and proactive extension planning will become central components of advising employers and their employees who are students or exchange visitors.
FY 2027 Cap Reached: In addition to this new rule, USCIS recently announced that it had received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year 2027. Employers should start gathering names of employees for next year’s H-1B Cap Lottery.
Consult with your Cowan Miller Lederman attorney if you have questions about this news.
[1] Although the new rules also apply to foreign media representatives in I visa status, this news blast provides information for F-1 students and J-1 exchange visitors only.