DHS Final Rule Ending Duration of Status for F, J, and I Nonimmigrants to be effective on 15 September 2026

Overview and Key Dates

On July 17, 2026, the Department of Homeland Security (DHS), through U.S. Immigration and Customs Enforcement (ICE), issued a final rule in the Federal Register (Vol. 91, No. 136) titled Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media. Amending regulations at 8 CFR Parts 214, 248, and 274a, the rule formally ends the "duration of status" (D/S) framework for nonimmigrants in F (academic student), J (exchange visitor), and I (foreign information media) classifications. The effective date of the regulation is September 15, 2026, subject to congressional review. The final rule follows a Notice of Proposed Rulemaking (NPRM) published on August 28, 2025 (90 FR 42070), which received nearly 22,000 public comments.

Fixed Time Period of Admission Framework

Under the previous framework established in 1979 for F students and 1985 for J and I visa holders, individuals were admitted for an unspecified period required to engage in authorized activities. The final rule replaces D/S with specific fixed periods of authorized stay:

• F and J Nonimmigrants: Admitted for the period indicated on Form I-20 or DS-2019, up to a maximum period of 4 years.

• English Language Training: F-1 language training students are restricted to an aggregate maximum stay of 24 months, including academic breaks and annual vacations.

• I Nonimmigrants: Representatives of foreign media will be admitted for a fixed period required to complete foreign employment duties, not to exceed 240 days (with specific provisions retained for certain passport holders from the People's Republic of China).

• Departure Grace Periods: The post-completion preparation period to depart the United States for F-1 students is reduced from 60 days to 30 days. If an F-1 student or J-1 exchange visitor ends study or program participation early, the principal alien and dependents must depart or maintain status within 30 days.

Restrictions on School Transfers and Educational Changes

The final rule establishes strict conditions regarding institutional transfers and educational program modifications for F-1 students:

• First-Year Completion Rule: F-1 students must complete their first academic year at the SEVP-certified institution that issued their initial Form I-20 before transferring or changing educational objectives, unless an exception is authorized by SEVP.

• Graduate-Level Restrictions: F-1 students at the graduate education level or above are prohibited from changing educational objectives during their study. Graduate students are also barred from transferring institutions unless SEVP approves an exception due to extenuating circumstances.

• Degree Level Progression: Students completing a program at one educational level may only enroll in a higher educational level as an F-1 student. Changes to the same or a lower educational level while maintaining F-1 status are prohibited.

Extension of Stay (EOS) Procedures and Transitional Provisions

To remain in the United States beyond their fixed period of admission, F, J, and I visa holders must apply directly to U.S. Citizenship and Immigration Services (USCIS) for an Extension of Stay (EOS) or depart the country and apply for readmission.

• Status Maintenance During EOS: F-1 students who timely file an EOS application are authorized to continue full-time studies while the application is pending.

• Employment Authorization Extensions: J-1 nonimmigrants with employer-specific authorization incident to status, alongside I visa holders, may continue working for up to 240 days while a timely filed EOS application is pending under 8 CFR 274a.12(b)(20). F-1 students with pending EOS applications based on severe economic hardship are eligible for auto-extensions of employment authorization up to 240 days.

• Transitional Reprieves: The rule provides a 6-month reprieve from filing an EOS for F-1 students applying for post-completion OPT or STEM OPT during the first 6 months post-effective date. A temporary reprieve is also provided for J-1 visitors whose D/S expires shortly after the rule takes effect.

• Biometric Collection: EOS applicants across F, J, and I classifications may be required to submit biometric information.

Agency Rationale and National Security Objectives

DHS states that replacing D/S with fixed admission periods addresses key oversight vulnerabilities. Volume increases in admissions—exceeding 1.8 million F admissions, 500,000 J admissions, and 37,000 I admissions in FY 2024—complicated tracking under open-ended admissions. According to DHS, fixed admission periods provide immigration officers with direct, periodic opportunities to evaluate status compliance, verify financial solvency, enforce unlawful presence provisions under INA Section 212(a)(9), and mitigate risks associated with visa fraud, overstays, espionage, and unauthorized technology transfer.

This article is based on information procured from official sources and public portals. It is provided for general informational purposes and does not constitute legal or immigration advice. Kindly consult the relevant public authority or an immigration advisor at the Legit Migrant for guidance specific to your circumstances.