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For decades, many international students, exchange visitors, and foreign media representatives admitted to the United States were granted Duration of Status (D/S) on their Form I-94. Under this system, individuals could generally remain in the U.S. for as long as they maintained their immigration status and complied with the requirements of their program.

That is about to change.

The Department of Homeland Security (DHS) has published a final rule replacing the longstanding Duration of Status framework with fixed periods of admission for many F-1 students, J-1 exchange visitors, and I visa holders. The rule takes effect September 15, 2026, and represents one of the most significant changes to these nonimmigrant classifications in decades.

What Is Changing?

Beginning September 15, 2026, many individuals entering the United States in F-1, J-1, or I status will no longer be admitted under Duration of Status.

Instead, they will generally receive a specific expiration date on their Form I-94.

For many F-1 students and J-1 exchange visitors, admission will typically be granted for the length of the approved academic or exchange program, up to a maximum of four years, followed by the applicable grace period. Most I visa holders will receive admission for up to 240 days.

This means maintaining lawful status will depend not only on continuing an approved program but also on ensuring the authorized stay on the I-94 does not expire.

Why This Matters

Under the previous D/S system, schools and exchange program sponsors could often extend a participant’s program without requiring a separate immigration application with USCIS.

Under the new rule, individuals who need additional time beyond their authorized admission period will generally need to file an Extension of Stay (EOS) with USCIS before their I-94 expires.

This change may affect students who:

• Need additional time to complete their degree
• Participate in Optional Practical Training (OPT) or other authorized activities
• Continue research or exchange programs beyond the original admission period

Failing to request an extension before the authorized stay expires could place an individual at risk of falling out of status.

Transition Rules for Current Students and Exchange Visitors

Individuals who are already in the United States under Duration of Status when the rule takes effect will generally not be required to immediately apply for an Extension of Stay.

DHS has provided transition provisions allowing many current F-1 and J-1 nonimmigrants to continue under the existing D/S framework until their current program ends or until the transition period expires, whichever occurs first.

However, travel outside the United States during the transition period may affect how the new admission rules apply upon reentry. Because individual circumstances vary, careful planning is important before making international travel arrangements.

What Schools and Employers Should Know

Educational institutions, exchange program sponsors, and employers that rely on international students or exchange visitors should begin preparing for the new requirements now.

Organizations may want to:

• Track I-94 expiration dates rather than relying on Duration of Status
• Plan Extension of Stay filings well before expiration
• Review onboarding and employment authorization procedures
• Educate affected students, researchers, trainees, and employees about the new requirements

Early preparation can help minimize interruptions to employment, research, and academic programs.

Key Takeaway

The end of Duration of Status marks a significant shift in how many F-1 students, J-1 exchange visitors, and I visa holders maintain lawful status in the United States. Although the rule does not take effect until September 15, 2026, affected individuals, schools, employers, and exchange program sponsors should begin understanding the new requirements and planning ahead.

Frequently Asked Questions:

1. What is Duration of Status (D/S)?

   Duration of Status allows certain nonimmigrants, including many F-1 students and J-1 exchange visitors, to remain in the United States as long as they maintain their approved immigration status instead of receiving a fixed expiration date.

2. When does the new rule take effect?
   

   The DHS final rule takes effect on September 15, 2026.

3. Who is affected by this change?
   

   The rule primarily affects many F-1 students, J-1 exchange visitors, and I visa holders entering the United States after the effective date, as well as certain individuals who travel internationally during the transition period.

4. Will I need to file an Extension of Stay?

   If you need additional time beyond your authorized admission period, you will generally need to file an Extension of Stay with USCIS before your I-94 expires.

5. Does this rule immediately affect people already in the U.S.?

   Not necessarily. DHS included transition provisions that allow many individuals already in F-1 or J-1 status to continue under the current D/S framework for a period of time, although international travel during the transition may change how the rule applies.

If you have questions about how this final rule may affect your immigration status, educational institution, or organization, you may schedule a consultation with the Law Office of Jacqueline Lentini, LLC by calling 630-262-1435 or emailing jacki@lentinivisas.com.