Major overhaul of F-1, J-1: End of "Duration of Status" or "D/S" - fixed admission periods and new Extension of Stay requirements

On July 17, 2026, the Department of Homeland Security (DHS) published a final rule in the Federal Register that fundamentally changes how F-1 academic students, J-1 exchange visitors, and I foreign information media representatives (and their F-2/J-2 dependents) are admitted to and remain in the United States. The rule eliminates the long-standing "duration of status" (D/S) framework and replaces it with fixed periods of admission, requiring nonimmigrants who need additional time to file an Extension of Stay (EOS) application with USCIS or depart and re-enter through a port of entry with a valid visa.

The rule takes effect on or around September 15, 2026. 

Key changes

1. Fixed admission periods replace duration of status

2. F-1 departure period reduced from 60 to 30 days

The post-completion "grace period" for F-1 students to prepare for departure or otherwise maintain lawful status is reduced from 60 days to 30 days. No changes were made to J-1 or M-1 students. 

3. Extension of Stay now required USCIS adjudication

Program extensions previously handled by Designated School Officials (DSOs) or Responsible Officers (ROs) in SEVIS no longer suffice to extend the nonimmigrant's authorized stay. Nonimmigrants needing additional time must file Form I-539 with USCIS or depart and seek re-admission at a port of entry. 

Acceptable grounds for an F-1 EOS are limited to:

• A compelling academic reason (e.g., change of major, unexpected research problems);
• A documented illness or medical condition supported by a licensed provider; or
• Circumstances beyond the student's control (e.g., natural disaster, national health crisis, school closure). 

Academic probation, suspension, or a pattern of failing classes are not acceptable grounds. Biometrics may be required. 

4. Restrictions on transfers and changes of education objectives

• Undergraduate F-1 students may not transfer schools or change educational objectives (major/level) during the first academic year, absent an SEVP-authorized exception for extenuating circumstances.
• Graduate-level F-1 students may not change educational objectives at any point; transfers are prohibited absent an SEVP exception for extenuating circumstances. 
• An F-1 student who has completed a program after the effective date may not re-enroll in another program at the same or lower educational level. 

5. Automatic extension of employment/Authorized stay while EOS is pending

• Timely-filed EOS applications place the nonimmigrant in a period of authorized stay while pending.
• On-campus employment, CPT, and severe economic hardship employment are automatically extended for up to 240 days while a timely EOS is pending (unless filed during the 30-day departure grace period). 
• J-1 employment authorization is similarly extended for up to 240 days.
• The H-1B cap-gap automatic extension provisions are preserved. 

6. Post-completion OPT and STEM OPT - Transition relief

F-1 students on D/S as of the effective date who timely file Form I-765 for post-completion OPT or a STEM OPT extension on or before 244 days after publication (approximately March 18, 2027) are not required to file a separate Form I-539. If the EAD is approved, the student is authorized to remain in F-1 status until the EAD expires, plus 60 days. 

7. Transition rules for nonimmigrants already in the U.S.

• F and J nonimmigrants properly maintaining D/S on the effective date may remain in status until the program end date on their Form I-20 or DS-2019, not to exceed 4 years from the effective date, plus the applicable departure period (60 days for F, 30 days for J). Travel abroad triggers admission under the new fixed-date framework. 
• I nonimmigrants on D/S may remain for up to 240 days (or 90 days for covered PRC passport holders) from the effective date to complete their activities, after which an EOS must be filed. 

Practical considerations for clients

1. Review F-1 program to identify programs extending beyond 4 years and calendar future EOS filings.

2. F-1 students planning post-completion OPT or STEM OPT should aim to file Form I-765 before March 18, 2027, to take advantage of the transition relief and avoid a separate Form I-539.

3. Employers and DSOs/ROs should update onboarding, I-9 reverification, and SEVIS batch-processing procedures. 

4. Travel planning is now critical: departure while an EOS is pending, combined with entry on a new Form I-20/DS-2019, may cause USCIS to deem the pending EOS abandoned.

5. Graduate students should confirm program length and specialization at the outset, as mid-program transfers and changes to educational objectives are now sharply restricted.

6. Unlawful presence will now begin to accrue immediately upon expiration of the fixed admission period (subject to timely-filed EOS protections), rather than only after a formal finding of a status violation — significantly increasing the stakes of missed deadlines.