DHS Ends Duration of Status: What F, J, and I Nonimmigrants Should Know

The U.S. Department of Homeland Security has published a final rule that is set to take effect on September 15, 2026, that replaces the longstanding "duration of status" framework for F, J, and most I nonimmigrants with fixed periods of admission. The rule also cuts the F-1 post completion grace period from 60 days to 30 days and generally caps F-1 duration at four (4) years unless an individual timely files an Extension of Stay application with USCIS. These are some of the most significant changes to student and exchange visitor status maintenance in decades, and anyone currently in F, J, or I (media members) status, or advising someone who is, should understand what has changed.

What Duration of Status Used to Mean

For years previously, F-1 students and J-1 exchange visitors were admitted for "duration of status," meaning they could remain in the United States if they were maintaining their program as reflected in SEVIS (Student and Exchange Visitor Information System). If a student's program was extended, an updated Form I-20 generally kept that student in status without any need to go back to USCIS for further action. That is no longer the case.

Fixed Admission Periods Replace D/S

Under the new rule, F and J nonimmigrants are admitted until the program end date listed on the Form I-20 or Form DS-2019, not to exceed four years, plus applicable arrival and departure periods. Extending a program in SEVIS no longer extends a person's authorized period of stay. Once the Form I-94 expires, remaining in the United States lawfully requires the timely filing and USCIS approval of an Extension of Stay application. This means the Form I-94 expiration date, not the date on the I-20 or DS-2019, is now the controlling deadline for maintaining status.

As to I nonimmigrant visa holders, who previously held duration of status tied to their media employment contracts, are now admitted for a maximum of 240 days. Individuals holding passports from the People's Republic of China (PRC), excluding Hong Kong and Macau SAR, continue to be limited to 90 days.

A New Rule for Dependents

The final rule also adds a provision at 8 CFR 214.1(c) stating that extensions granted to members of a family unit must be for the same period, with the shortest period granted to any one family member applied to the whole family. Previously, when a principal filed a change or extension of status along with dependents, each family member's approval generally ran through the end date of the principal's program, with only an individual dependent's own passport expiration or age out shortening that person's validity. Now, the approvable period for the entire family group will be the shortest of four years, the program end date, or the earliest passport expiration date among any family member. Families in this situation may want to consider filing separately for a dependent who has a shorter passport validity or an approaching age out issue, although it remains unclear whether a separate filing could result in a denial.

F-1 Grace Period Cut to 30 Days

The rule shortens the post completion grace period for F-1 students from 60 days to 30 days, bringing it in line with the departure period already given to J-1 exchange visitors. This leaves considerably less time after finishing a degree program or practical training to depart the country, transfer schools, or file a change of status application. Students and their advisors should begin post completion planning earlier than they have in the past, particularly if another status or employment authorization is anticipated.

Programs Lasting Longer Than Four Years

Many F and J programs, including doctoral studies, certain medical training programs, and long-term research appointments, routinely run past four years. Under the new rule, individuals whose programs continue beyond that point must file a timely Extension of Stay application with USCIS before their admission expires or leave the U.S. and return in a new period of authorized stay. An updated Form I-20 or DS-2019 reflecting a longer program will no longer, by itself, authorize continued stay past the expiration of the I-94. F-1 and J-1 individuals will now need to track their I-94 expiration date closely and understand that even a single day of overstay can void a visa under INA 222(g), which limits reapplication to the visa holder's home country, separate and apart from the longer-term consequences tied to the three and ten year unlawful presence bars.

I Nonimmigrant Foreign Media Representatives

Foreign information media representatives in I visa status face one of the sharpest reductions under the new rule, moving from duration of status tied to their contract to a maximum admission period of 240 days, or 90 days for those holding a PRC passport, excluding Hong Kong and Macau SAR. Those wishing to remain past that period must either leave and obtain a new period of admission or file a timely Extension of Stay application. Individuals already present in the United States on the rule's publication date may remain for up to 300 days, until May 13, 2027, unless they hold a PRC passport, in which case they may remain for 150 days and must depart the U.S. by December 14, 2026.

What This Means Going Forward

The substantive eligibility requirements for F and J classifications have not changed, but the procedural framework for maintaining status has changed considerably. Individuals in these categories should begin tracking their Form I-94 expiration date the same way they would track any other critical filing deadlines, rather than relying solely on SEVIS program updates. Anyone whose program is expected to run past four years should start preparing an Extension of Stay filing well before their I-94 expires, and F-1 students nearing completion of their studies should plan for a much shorter leeway once the 30-day grace period begins.

Should you find that your immigration circumstance is affected by this rule, we encourage you to reach out to the immigration department at Pasricha & Patel, LLC to speak to our immigration attorneys, who can help you navigate the appropriate next steps.