The Department of Homeland Security (DHS) and US Immigration and Customs Enforcement (ICE) published a Final Rule to amend the regulations for F, J, and I classifications to change the period of admission from duration of status (D/S) to a fixed time period, among other changes. The effective date of this rule is September 15, 2026, subject to change on congressional review.
After the effective date, F, J, and I nonimmigrants will be issued an I-94 with an expiration date. To remain in the U.S. after the expiration of the I-94, the nonimmigrant must file an extension of status application or exit and reenter the U.S. Admission and extension periods for F and J nonimmigrants will be up to the program length, not to exceed a 4-year period. In addition, the grace period granted to F nonimmigrants after the program end date will be reduced from 60 days to 30 days. According to DHS, this final rule will provide additional protections and oversight of these nonimmigrant categories and will allow DHS to better evaluate whether these nonimmigrants are maintaining status while temporarily in the United States.
Key Takeaways for F-1 Students
- Fixed Period of Admission: F students will be admitted to the US for a fixed period of time, up to the length of the program of study listed on their Form I-20, not to exceed four years, plus a 30-day period for arrival and an additional 30-day period for departure. Limitations on period of admission may vary based on type of program.
- Four-Year Transition Period: There is a 4-year transition period for the changes, during which time F nonimmigrants in D/S on the day the rule takes effect do not need to have their Form I-94 corrected, provided they continue their studies or programs listed on their I-20s. They will be allowed to stay in D/S until the program end date or 4 years after the effective date of the rule, whichever comes first. However, a new I-94 with a fixed expiration date will be issued on reentry if the student travels abroad.
- Extensions of Stay: Nonimmigrants seeking to stay beyond the fixed period, including to engage in OPT or STEM OPT, will be required to apply for an extension of stay or regain admission by exiting and re-entering the U.S. There will be a short reprieve from filing extensions of status during the first six months after the rule takes effect if a nonimmigrant is applying for OPT or STEM OPT. If an extension of status application is timely filed, then the nonimmigrant may continue their course of study until USCIS adjudicates the application.
- Limitations to Transfers: An F-1 student may not change educational objectives or transfer to another school unless the student has completed the first year of study at the school that issued the initial I-20, unless an exception is authorized by SEVP. F-1 students at the graduate level may not transfer at any point, unless authorized by SEVP.
- Limitations on Language Training: Language Training students will be permitted an aggregate 24-month period of stay, including breaks and annual vacation.
- Grace Period Reduced: F-1 nonimmigrants completing a course of study will be granted 30 days to depart from the US rather than 60 days.
Key Takeaways For OPT
- Grace Period Reduced: F-1 nonimmigrants completing or ending OPT will be granted 30 days to depart from the US rather than 60 days.
- No Extension of Status Required before March 18, 2027: F-1 nonimmigrants admitted in the United States for D/S, who have timely filed Form I-765 for post-completion OPT or a STEM OPT extension on or before March 18, 2027, will not be required to file an extension of status application.
Key Takeaways for J-1 Nonimmigrants
- Extension of Status Required on Effective Date: J-1s whose D/S status expires shortly after the rule takes effect may apply for extension of status and continue to work for the duration of the time on their new Form DS-2019 regardless of how long the extension of status application takes to adjudicate.
- Admission Expires 30 Days After Program End: If the J-1 program end date is shortened, the J-1 visitor and any accompanying J-2s must leave the US within 30 days of the new program end date or seek alternative lawful status.
- Four Year Transition Period: During the 4-year transition period, J nonimmigrants in D/S on the day the rule takes effect do not need to have their Form I-94 corrected to a date certain, provided they continue their studies or programs listed on their DS-2019s. They will be allowed to stay in D/S until the program end date or 4 years after the effective date of the rule, whichever comes first. A new I-94 with a fixed expiration date will be issued on reentry if the J nonimmigrant travels abroad.
Link to Federal Register Publication: https://www.federalregister.gov/documents/2026/07/17/2026-14439/establishing-a-fixed-time-period-of-admission-and-an-extension-of-stay-procedure-for-nonimmigrant
Link to Quick Facts from the Department of Homeland Security: https://studyinthestates.dhs.gov/final-rule-establishing-a-fixed-time-period-of-admission-and-an-extension-of-stay-procedure-quick
The above is informational only and is not intended to constitute legal advice for any specific situation. Please feel free to reach out regarding any specific questions or issues.
