DHS Replaces Duration of Status with Fixed Period of Stay
The Department of Homeland Security (DHS) has finalized a rule that will replace the long-standing "duration of status" (D/S) framework with fixed periods of admission for F-1 international students and J-1 exchange visitors, effective September 15, 2026.
Under the current D/S system, F-1 students and J-1 exchange visitors may remain in the United States as long as they continue to comply with the terms of their academic or exchange program and maintain their immigration status. The new rule instead establishes a fixed expiration date for each period of authorized stay, requiring many individuals to seek USCIS approval to remain in the United States if their program extends beyond that date.
The final rule introduces five significant changes:
1. Fixed periods of admission
F-1 students and J-1 exchange visitors will be admitted only for the length of their approved academic or exchange program, up to a maximum of four years. Representatives of foreign media in I status will be limited to 240 days of admission.
Individuals whose programs continue beyond their authorized admission period must obtain an extension of stay to remain in lawful status.
2. USCIS will oversee extensions of stay
Students and exchange visitors who need additional time must file an extension application directly with U.S. Citizenship and Immigration Services (USCIS). Unlike the current process, extensions will no longer be granted through a school's designated school official (DSO) or a J-1 program sponsor. Instead, schools and program sponsors will provide recommendations that must accompany the USCIS filing.
As part of the adjudication process, USCIS will collect biometrics before approving an extension.
3. Greater restrictions on program changes
The rule significantly limits changes after entry into the United States, including transfers between schools and changes in a student's course of study. Many changes that are currently handled through a school's international student office may instead require prior government approval.
4. Limits on pursuing additional academic programs
An F-1 student who completes a program of study may enroll only in a program at a higher educational level while remaining in F-1 status. Students generally will not be permitted to begin a program at the same or a lower educational level without first changing to another immigration status.
5. Shorter grace period
The current 60-day grace period for F-1 students following completion of their program will be reduced to 30 days. This grace period allows students to prepare for departure, transfer schools, or apply for a change of status. J-1 exchange visitors will continue to receive a 30-day grace period.
Transition rule for current F-1 and J-1 holders
The final rule takes effect on September 15, 2026. Individuals who are already in F-1 or J-1 status on that date generally may remain in the United States until the expiration of their current Form I-20, Form DS-2019, or, if applicable, the expiration of a valid Optional Practical Training (OPT) Employment Authorization Document (EAD). However, their authorized stay may not extend beyond four years after the rule's effective date, after which they will receive the applicable grace period—60 days for F-1 students and 30 days for J-1 exchange visitors.
This alert is for informational purposes only. Please contact us if you would like to discuss these developments further.