DHS Replaces Duration of Status with Fixed-Stay Rule for F-1 and J-1 Visa Holders

DHS Ends Duration of Status: F-1 and J-1 Fixed-Stay Rule Explained

The Department of Homeland Security (DHS) is set to implement a significant change to how F-1 and J-1 visa holders are admitted to the United States. This new rule, which replaces the long-standing “duration of status” (D/S) system, will assign fixed expiration dates to the I-94 arrival records for these students and exchange visitors. This shift, expected to take effect in the fall of 2026, means that international students and exchange visitors will no longer be admitted for the indefinite period tied to maintaining their program status. Instead, they will receive a specific end date on their I-94, requiring them to actively seek extensions through USCIS if their program extends beyond this initial period.

This change marks one of the most substantial alterations to the student visa system in decades. Previously, F-1 students were admitted under D/S, meaning their lawful stay was contingent on remaining enrolled full-time and adhering to program requirements. Extensions and program changes were largely managed by Designated School Officials (DSOs) through updates in the Student and Exchange Visitor Information System (SEVIS). The new fixed-stay rule shifts this responsibility, requiring formal applications to U.S. Citizenship and Immigration Services (USCIS) for any extension beyond the initial I-94 date. This process will involve a filing fee and a biometrics appointment, moving away from the DSO-only SEVIS update system.

The DHS submitted the final rule to the White House Office of Management and Budget (OMB) on May 5, 2026. Once OMB clears the rule and it is published in the Federal Register, it will become effective 60 days later. This transition is anticipated to impact new international students and exchange visitors entering the U.S. starting in the fall 2026 academic term. The move aims to standardize immigration procedures and tighten controls on international student programs, aligning them more closely with other nonimmigrant visa categories.

Understanding “Duration of Status” (D/S)

For decades, “duration of status” has been the standard admission category for F-1 and J-1 visa holders. This means that their lawful presence in the U.S. is not tied to a specific date on their I-94 form. Instead, it is directly linked to their ability to maintain their student or exchange visitor status. This includes continuously maintaining a full course of study, adhering to program requirements, and ensuring their SEVIS record is kept current by their DSO. The D/S system has allowed for flexibility, enabling students to complete multi-year programs, including undergraduate and graduate degrees, without needing to file extension petitions with USCIS for every academic year.

The practical effect of D/S is that students could remain in the U.S. for the entire duration of their academic programs, plus any authorized practical training, without the need for frequent USCIS involvement. DSOs managed administrative tasks like program extensions, transfers between institutions, and updates to SEVIS records. USCIS intervention was typically reserved for more complex situations, such as changes of status or reinstatements after a violation of status. Furthermore, under the current D/S framework, students do not automatically accrue “unlawful presence” simply by being in the country. Unlawful presence for F and J nonimmigrants generally begins only after a formal finding of a status violation by USCIS or an immigration judge.

The Proposed Fixed-Stay Rule: Key Changes

The new fixed-stay rule will replace the open-ended D/S admission with a defined expiration date on the I-94 form. While the final rule text is not yet published, the proposed rule from August 2025 outlined a tiered system for these fixed admission periods. Most F-1 and J-1 nonimmigrants are expected to receive admission periods that align with their program end dates, as indicated on their Form I-20 (for F-1 students) or DS-2019 (for J-1 exchange visitors). However, this period will be capped at a maximum of four years. Students enrolled in English language or foreign language training programs will face a stricter cap of 24 months, which includes any vacation or break periods.

These caps are particularly significant for students pursuing longer academic programs, such as doctoral degrees that can extend beyond four years. Such students will be required to file a formal Extension of Stay application with USCIS to cover the remaining years of their program. The proposed rule includes a provision allowing F-1 students with a timely filed, pending extension application to continue on-campus employment for up to 240 days while their case is being adjudicated. This protection, however, is contingent on filing the extension request before the initial I-94 expiration date.

Extension of Stay Requirements: Form I-539 and Biometrics

Under the proposed fixed-stay rule, any F-1 or J-1 nonimmigrant whose program duration exceeds their initial fixed admission period must file Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS. This application must be submitted before the I-94 expiration date. The filing fee for Form I-539 is currently set at $470, and it also requires the applicant to attend a biometrics appointment at a USCIS Application Support Center. This process is a significant departure from the current system, where DSOs manage extensions through SEVIS updates without USCIS adjudication or fees.

The shift to USCIS adjudication means that extension requests will be subject to the agency’s review and potential backlogs. Immigration attorneys and university advisors have expressed concerns that the influx of hundreds of thousands of student extension filings annually could lead to lengthy processing times, potentially creating gaps between program continuation and adjudication. While students with timely filed applications will have their authorized stay extended, including on-campus work authorization for F-1 students for up to 240 days, this protection could be insufficient if USCIS adjudication takes longer than eight months, a common occurrence for complex form types.

A critical consequence of the new rule relates to unlawful presence. If a USCIS extension application is denied, unlawful presence will begin to accrue the day after the denial. Overstaying for more than 180 days will trigger a three-year bar from re-entering the United States, and overstaying for more than one year will result in a ten-year bar. These are the same severe penalties that apply to other nonimmigrant overstays and will affect future re-entry into the U.S., not just eligibility for further student admissions.

Reduced Grace Period for F-1 Students

The proposed rule also significantly alters the post-completion grace period for F-1 students. Currently, F-1 students have 60 days after completing their program to depart the U.S., apply for Optional Practical Training (OPT), change to another nonimmigrant status, or transfer to a new institution. Under the new rule, this grace period will be reduced to 30 days. J-1 exchange visitors already have a 30-day grace period, so this aspect of the rule will not change for them.

A 30-day window is considerably shorter for the actions students typically undertake at the end of their academic programs. Applying for OPT, for instance, requires preparation and an endorsement from a DSO on the I-20 before filing with USCIS. Similarly, filing a change-of-status petition to another visa category involves substantial documentation. Students who fail to file a timely petition or depart within the 30-day window will begin accruing unlawful presence immediately, unlike the current system where a late OPT application does not automatically trigger an unlawful presence clock. This compressed timeline necessitates meticulous planning for students considering transitions between programs or visa types.

Unlawful Presence: A Sharper Consequence

Perhaps the most significant departure from current practice lies in the provisions for unlawful presence. Under the existing D/S system, a student who falls out of status, such as by dropping below a full-time course load, does not begin accruing unlawful presence until USCIS or an immigration judge makes a formal determination. This provides a buffer for students to identify the issue, consult with their DSO, and potentially seek reinstatement to lawful status. Reinstatement is a discretionary process but is often granted for prompt and unintentional violations.

The fixed-admission system eliminates this buffer. Once a student’s I-94 expires without a pending extension application, unlawful presence begins to accrue the very next day. This applies even if the student is fully enrolled and meeting all academic program requirements. The mechanical expiration of the I-94 date, regardless of academic compliance, will trigger the clock. The proposed rule does not appear to make exceptions for students who are academically compliant but may have missed an administrative filing deadline. This change aligns the treatment of F, J, and I visa holders with most other nonimmigrant categories, where unlawful presence accrues immediately after the authorized period of admission ends.

Restrictions on Program Changes

The proposed rule also introduces stringent limitations on academic program changes for F-1 students. Undergraduate students will be prohibited from changing their degree program, major, or educational level within their first year of study. While limited exceptions for extenuating circumstances may exist, the rule does not precisely define these exceptions. Graduate students will face even stricter limitations, with a complete prohibition on changing their program at the graduate level or above at any point during their studies. This means a graduate student who finds a more suitable doctoral program after their first year would not be able to switch without leaving F-1 status.

Furthermore, students completing one F-1 program and wishing to pursue another at the same or a lower educational level will be barred from obtaining new F-1 status for that purpose. Movement will only be permitted to a higher educational level; for example, a student completing a master’s degree can pursue a doctorate but not a second master’s or a post-baccalaureate certificate. For J-1 exchange visitors, program change restrictions will align with existing J-1 program eligibility rules, but the addition of a fixed admission period means any mid-program change that extends the stay beyond the I-94 date will also necessitate an extension filing process.

Effective Date and Transition Provisions

The final rule is expected to become effective 60 days after its publication in the Federal Register. Given that DHS submitted the final rule to OMB on May 5, 2026, and OMB reviews typically take 30 to 90 days, a publication in the Federal Register during the summer of 2026 would lead to an effective date in late September 2026. This timeline suggests that new F-1, J-1, and I-visa entrants beginning their programs in the fall 2026 term will be subject to the new rules.

A key question remains regarding the rule’s application to current F-1 and J-1 students already in the U.S. on D/S status. The proposed rule text from August 2025 did not specify transition provisions for existing D/S holders. The final rule will contain authoritative transition provisions, and advocates are urging DHS to include a grandfather clause for current students. If the rule applies retroactively to all current D/S students, millions would need to track and potentially file extensions within a short timeframe. Conversely, if it applies only to new entrants, the impact will phase in gradually. The final rule’s text will clarify these critical implementation details.

Preparing for the Change

While the final rule is not yet published, and D/S remains the applicable standard for current students, proactive preparation is advisable. Students should begin by tracking their I-20 and DS-2019 end dates precisely. If the final rule applies to existing students and ties the I-94 expiration to program end dates, knowing these dates will be crucial for compliance. Students whose programs extend beyond four years from their initial entry date should identify this milestone and discuss it with their DSO.

Understanding the Form I-539 timeline is also essential. Once the rule is in effect, extensions will require a filed I-539 before the I-94 expires. Given USCIS processing times, filing several months in advance of the expiration date is a prudent approach. Waiting until the last 30 days before expiration could be too late in a system with documented backlogs. Consulting with a DSO and an immigration attorney is highly recommended, especially for students with complex academic trajectories or funding situations. They can help identify how transition provisions might affect individual circumstances and outline necessary planning steps. Finally, staying informed by monitoring the Federal Register for the rule’s publication is the most direct way to know when the 60-day effective date clock begins. It is important for students not to make irreversible decisions, such as shortening their programs, based on speculation before the final rule is published.

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