DHS Ends “Duration of Status” for F-1, J-1, and I Visa Holders
New Rule Takes Effect September 15, 2026
The Department of Homeland Security (DHS) has finalized a major change affecting F-1 students, J-1 exchange visitors, and I visa holders. Beginning September 15, 2026, these individuals will generally no longer be admitted to the United States for “Duration of Status” (D/S). Instead, they will be admitted for a specific period of time with an expiration date recorded on their Form I-94.
This change is significant because the D/S system has historically allowed F-1 and J-1 nonimmigrants to remain in the United States while maintaining valid status and complying with the terms of their program, rather than having to obtain a new period of admission each time their program extended beyond the original expected end date.
What Is Changing?
Under the new rule, DHS will replace D/S admission with fixed periods of admission.
For most F-1 and J-1 students and exchange visitors entering the United States on or after September 15, 2026:
The Form I-94 will contain a specific “Admit Until Date” (AUD) rather than “D/S.”
The admission period will generally correspond to the anticipated length of the individual's program, subject to a maximum of four years.
An additional period may be provided for the applicable post-program departure period.
Individuals who need additional time beyond their authorized period will generally need to apply to USCIS for an extension of stay or depart the United States and seek readmission.
The rule also adds restrictions on students changing degree programs and educational levels. See our separate immigration alert on this topic.
The new rule also creates circumstances in which an F-1 or J-1 nonimmigrant may need to obtain USCIS approval for an extension even though the individual continues to maintain a valid underlying I-20, DS-2019, or SEVIS record.
What Does This Mean for F-1 Students?
F-1 students should pay particular attention to the expiration date on their Form I-94.
Under the new system, completing a degree or program may require an extension of stay if the student's authorized period of admission expires before the student completes the program or any authorized post-completion activity.
The rule may also create additional USCIS filing requirements in situations involving:
Program extensions;
Changes or extensions of educational programs;
Additional academic programs;
Certain changes in educational level or field of study;
Optional Practical Training (OPT);
STEM OPT; and
Other circumstances requiring the student to remain in the United States beyond the expiration of the initial admission period.
Students should therefore avoid relying solely on the expiration date of their visa stamp or the end date on their I-20. The Form I-94 will become especially important because it controls the individual's authorized period of admission.
What Does This Mean for J-1 Exchange Visitors?
J-1 exchange visitors will also transition from D/S admission to fixed periods of admission.
The maximum admission period will generally be four years, although the actual period will depend on the individual's exchange program and applicable regulatory requirements. J-1 dependents in J-2 status are also affected.
J-1 exchange visitors who need to remain in the United States beyond their authorized admission period may need to file an extension of stay with USCIS rather than relying solely on an extension or update to their DS-2019.
What About I Visa Holders?
The new rule also applies to I visa holders who are representatives of foreign information media, as well as qualifying dependents.
I visa holders will receive fixed periods of admission rather than D/S. The rule provides a different framework for I nonimmigrants than for F-1 and J-1 students and exchange visitors, including a transition period of up to 240 days for certain individuals to continue their activities while pursuing an extension.
What About People Already in the United States?
The transition rules are particularly important.
Individuals who were admitted in F-1, J-1, or I status before September 15, 2026 may continue to be subject to the existing D/S framework under the rule's transition provisions.
However, international students and exchange visitors who depart the United States and seek admission on or after September 15, 2026 will become subject to the new fixed-period admission system if they are admitted.
Accordingly, international students and exchange visitors should carefully consider upcoming international travel and reentry plans.
What Should F-1 and J-1 Students Do Now?
Students and exchange visitors should:
Check their Form I-94 and understand what admission period applies to them.
Keep their I-20 or DS-2019 current and ensure their SEVIS record accurately reflects their program.
Monitor their program end date and I-94 expiration date separately.
Discuss any anticipated program extension with their DSO or J-1 Responsible Officer well in advance.
Consult with an immigration attorney before international travel if they expect to return to the United States on or after September 15, 2026.
Begin planning early for any USCIS extension-of-stay filing that may become necessary.
A Lawsuit Has Already Been Filed
The new rule is already being challenged in federal court. On August 18, 2026, universities, unions, and other organizations filed a lawsuit seeking to block the rule before its September 15 effective date. The litigation could affect implementation of the rule, so individuals should monitor developments closely.
Unless and until the rule is enjoined, however, individuals should plan for the September 15, 2026 effective date.
Bottom Line
The elimination of D/S represents a fundamental change in how the United States determines the authorized period of stay for F-1 students, J-1 exchange visitors, and I visa holders.
Going forward, maintaining a valid SEVIS record or continuing to comply with the terms of a program will not necessarily mean that an individual can remain indefinitely under D/S. The expiration date on the Form I-94 will become a critical date that must be monitored.
Individuals in F-1, J-1, or I status should review their immigration records and upcoming travel plans now and consult with their immigration counsel regarding how the new rule may affect them.
This alert is provided for general informational purposes only and does not constitute legal advice. The new rule is subject to ongoing litigation and further agency guidance.
