On July 16, 2026, the Department of Homeland Security (DHS) announced a final rule that will significantly change how F visa academic students, J visa exchange visitors and I visa representatives of foreign media are admitted to the United States. The rule replaces the longstanding “duration of status” framework for F, J and I visa holders with fixed periods of admission. The final rule was scheduled for publication in the Federal Register on July 17, 2026, and is expected to take effect 60 days after publication, subject to congressional review.
For decades, F, J, and most I nonimmigrants were not admitted until a specific calendar date. Instead, their Form I-94 typically reflected “D/S,” meaning they were authorized to remain in the United States for as long as they maintained the terms of their status.
Also, the new rule greatly restricts F-1 students ability to considering a new degree level, change a field of study, transfer schools, or extended their academic pathway.
Key Changes Under the Final Rule
Fixed admission periods for F and J classifications. F-1 students and J-1 exchange visitors will be admitted for the length of their specific program, but generally for no more than four years. This is a major departure from the prior D/S model, under which continued compliance with status requirements—not a fixed expiration date—controlled the period of authorized stay.
Extension of stay applications through USCIS. Nonimmigrants who need additional time to complete their studies, exchange programs, media assignments, or related activities will have to apply for an extension of stay directly with U.S. Citizenship and Immigration Services. DHS states that this process will require additional federal review, including biometric vetting, background checks, and fraud screening.
Shorter F-1 grace period. The rule reduces the post-completion grace period for F-1 students from 60 days to 30 days. This means students will have less time after completing a program to prepare for departure, transfer to another school, or seek a change of status.
New limits on academic changes. The rule imposes stricter limits on certain program changes, educational objective changes, and transfers after admission, including:
- F-1 undergraduate students generally may not change programs, majors, or educational objectives during the first academic year.
- F-1 graduate students may not change educational objectives at any point during their studies and generally may not transfer schools during their program of study unless an exception is authorized.
- F-1 students who have completed an academic program after September 15, 2026, may not maintain, be admitted or otherwise be provided with F-1 status through a program at the same or lower educational level.
Transition rules for current D/S holders. Current nonimmigrants in the United States under the prior D/S framework will transition to the new system automatically. According to the DHS announcement, their authorized stay will be capped at a maximum of four years from the effective date of the rule, although individuals may need to act sooner depending on their program end date, status, travel, or extension needs.
Why This Matters
The practical effect of the rule is that F, J, and I nonimmigrants will need to pay close attention to the expiration date on their Form I-94. Under a fixed-admission system, remaining beyond the authorized period may create serious immigration consequences, including the potential accrual of unlawful presence if an extension is not timely filed or approved.
International students may be particularly affected. A four-year maximum admission period may not cover longer academic trajectories, delayed completion, changes in major, graduate study following undergraduate study, medical or doctoral programs, or extended practical training scenarios. Students who previously relied on school-issued documentation and SEVIS updates may now need to file for an extension of their nonimmigrant stay with USCIS.
Schools, exchange program sponsors, and employers should also prepare for increased compliance burdens. Designated school officials and program sponsors may need to advise students and exchange visitors earlier about I-94 expiration dates, extension timelines, travel consequences, and the risks of late filings. Employers with F-1 workers in OPT or STEM OPT, and organizations hosting J-1 exchange visitors, should monitor work authorization and admission periods carefully.
The most substantial and negative impact of eliminating duration of status and replacing it with a fixed end date is the potential accumulation of unlawful presence and the resulting risk of triggering bars to admission to the United States after departure. Under INA § 212(a)(9)(B), a person who accrues more than 180 days but less than one year of unlawful presence during a single stay and then departs may be barred from returning for three years. A person who accrues one year or more of unlawful presence during a single stay and then departs may be barred from returning for ten years. These bars can have especially serious consequences for F, J, and I nonimmigrants who previously relied on D/S, because a missed I-94 expiration date, late extension filing, or denied extension could create unlawful presence that becomes consequential upon departure from the United States. Although certain waivers may be available in the nonimmigrant visa context, waiver options are far more limited for immigrant visa applicants. For immigrant visas, the principal waiver for the three- and ten-year unlawful presence bars is the extreme hardship waiver, which requires showing extreme hardship to a qualifying U.S. citizen or lawful permanent resident spouse or parent; hardship to the applicant or to a U.S. citizen or lawful permanent resident child, standing alone, is not sufficient.
What Affected Individuals Should Do Now
- Review the Form I-94 admission record and confirm whether it reflects D/S or a specific “admit until” date.
- Confirm the program end date listed on Form I-20 or DS-2019 and compare it with the rule’s transition provisions.
- Plan well in advance for any extension of stay filing with USCIS.
- Before changing majors, degree programs, educational objectives, or schools, confirm whether the change is permitted under the new F-1 restrictions, including the first-academic-year limit for undergraduate changes, the bar on graduate program changes, and the limits on lateral or lower-level programs after completion.
- Seek legal guidance before international travel, especially after the rule’s effective date, because reentry may result in a date-specific I-94.
- For F-1 students nearing completion, account for the shortened 30-day grace period when planning departure, transfer, change of status, or other next steps.
Bottom Line
DHS’s final rule marks a significant shift in the treatment of F, J, and I nonimmigrants. By replacing duration of status with fixed admission periods, the government is moving these categories closer to the model used for many other temporary visa classifications. The change will require more proactive planning by students, exchange visitors, media representatives, schools, sponsors, and employers. Individuals affected by the rule should review their immigration documents carefully and seek advice before making academic, employment, travel, or extension decisions.
This post is provided for general informational purposes only and does not constitute legal advice. Please contact Attorney Monique Kornfeld for legal advice.