Duration of Status Ends September 15, 2026: F-1, J-1 and I Visa Rules

The Department of Homeland Security published a final rule on July 17, 2026 that ends "duration of status" admission for F, J, and I nonimmigrants. The rule takes effect on September 15, 2026.

For decades, academic students and exchange visitors were admitted for "D/S," meaning they could remain in the United States for as long as they maintained their program, with no fixed end date printed on their Form I-94. That framework is being replaced with a fixed period of admission and a specific Admit Until Date.

What Replaces Duration of Status

Under the final rule, each covered nonimmigrant receives a defined period of authorized stay instead of an open-ended one:

• F-1 academic students: admitted until the program end date, up to a maximum of four years. Where post-completion OPT or STEM OPT ends earlier, the earlier date controls.
• J-1 exchange visitors: admitted until the program end date, up to a maximum of four years.
• I representatives of foreign information media: admitted for up to 240 days, and up to 90 days for holders of a passport issued by the People's Republic of China, excluding the Hong Kong and Macau SARs.

Grace Periods Are Shorter

F nonimmigrants receive 30 days before the program start date and 30 days after the program end date. The 30-day figure is a reduction from the 60-day post-completion grace period F-1 students have had. J nonimmigrants receive 30 days for arrival and departure combined.

If You Are Already in D/S on September 15

The rule contains a transition provision. Nonimmigrants who are properly maintaining status on the effective date are authorized to remain until the program end date shown on the Form I-20 or DS-2019 that is valid on that date, not to exceed four years from the effective date, plus 60 days for F nonimmigrants and 30 days for J nonimmigrants to depart.

Practically, current F-1 students do not lose the 60-day departure period on September 15. That changes once they travel abroad and are readmitted, or once they obtain an extension of stay, at which point the new framework applies.

The Change That Matters Most: Unlawful Presence

This is the part that is easiest to overlook and the most costly to get wrong.

Under the duration-of-status framework, unlawful presence generally did not begin to accrue at the moment a student fell out of status. It began only after USCIS made a formal finding of a status violation while adjudicating a request, or after an immigration judge ordered removal. That structure gave students and exchange visitors a meaningful buffer against permanent consequences.

Under the new rule, a person who remains in the United States past the fixed admission period, without a timely filed extension of stay or another lawful basis to remain, will generally begin to accrue unlawful presence from that point. No formal agency finding is required first.

Why Unlawful Presence Carries Long Consequences

Under INA 212(a)(9)(B), unlawful presence triggers reentry bars that apply after a person departs the United States:

• More than 180 days but less than one year of unlawful presence, followed by departure, can trigger a 3-year bar on reentry.
• One year or more of unlawful presence, followed by departure, can trigger a 10-year bar.

These bars are not discretionary penalties that an officer chooses to apply. They attach by operation of law once the conditions are met, and the available waivers are narrow.

Extensions of Stay

A nonimmigrant who needs additional time beyond the Admit Until Date must file Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS. Timing matters a great deal here. A request filed before the authorized period expires is treated very differently from one filed after it has run.

What F-1, J-1 and I Nonimmigrants Should Do Now

• Retrieve your Form I-94 and read the admit-until date. Once the new framework applies to you, the I-94 will carry an actual date rather than "D/S." That date, not your own sense of your program timeline, defines your authorized stay.
• Calendar the date and work backward. Extension requests take preparation, school signatures, and processing time. Treat the admit-until date as a deadline with months of lead time, not a reminder.
• Know which date controls. For F-1 students on OPT or STEM OPT, the earlier of the program end date, the four-year maximum, or the OPT end date governs.
• Plan international travel deliberately. For students currently in D/S, travel and readmission is one of the events that moves you onto the new framework and the shorter grace period.
• Do not assume your school is tracking this for you. A designated school official maintains your SEVIS record. Your admission period is a separate matter recorded on the I-94.

Common Questions

Does this rule cancel my current F-1 status on September 15, 2026?
No. If you are properly maintaining status on that date, the transition provision lets you remain until the program end date on your valid Form I-20, capped at four years from the effective date, plus your departure period.

When does unlawful presence start under the new rule?
Generally on the day after your fixed admission period ends, if you have not filed a timely extension of stay and have no other lawful basis to remain. Under the old framework it usually began only after a formal finding by USCIS or an immigration judge.

What form extends my stay?
Form I-539, Application to Extend/Change Nonimmigrant Status, filed with USCIS before your authorized period expires.

How long can an F-1 student be admitted for?
Until the program end date, up to a maximum of four years. If post-completion OPT or STEM OPT ends sooner, that earlier date applies instead.

Unsure what your admit-until date will be, or when to file an extension? Contact Kulen Law Firm to review your status timeline.

This article is general information about a published federal rule and is not legal advice. Status planning depends on individual facts. Consult a licensed immigration attorney about your situation.