DHS Final Rule Will End "Duration of Status" for F-1 and J-1 Nonimmigrants
On July 17, 2026, the Department of Homeland Security (DHS) published a final rule that will give F-1 students and J-1 exchange visitors a specific date by which they must either leave the United States or take steps to extend or change their immigration status. This replaces the long-standing "duration of status" system and will take effect on September 15, 2026.
For decades, F-1 students and J-1 exchange visitors were generally admitted for the duration of their academic or exchange program rather than until a specific expiration date. As long as they maintained status and their school or program sponsor properly updated their records, they could usually remain in the United States without filing extension requests with USCIS.
Beginning September 15, 2026, students and exchange visitors will instead be admitted for a fixed period of stay. For F-1 students, the admission period will generally be based on the program length listed on Form I-20, up to a maximum of four years, plus limited arrival and departure periods. Students needing additional time will need to file an Extension of Stay application with USCIS or depart the United States and obtain an extended I-94 card.
Other important changes include:
- Extension of Stay applications may be required for program extensions, new degree programs, OPT, and STEM OPT.
- The F-1 grace period will be reduced from 60 days to 30 days.
- New restrictions will apply to certain transfers, changes in educational level, and changes of major or educational objectives.
- Schools and students should expect additional USCIS filings, increased costs, and greater compliance obligations.
The rule contains transition provisions for students already in F-1 status when it takes effect. However, international students, educational institutions, and employers should begin preparing now for a more filing-intensive immigration process.
As always, if you have specific questions about your case, please reach out to your MU attorney.