DHS Ends Duration of Status for F-1 & J-1 Students: Major Immigration Rule Changes Explained

TLDR: 

• DHS has finalized a rule ending “Duration of Status” for F-1 students, J-1 exchange visitors, and I representatives of foreign media, effective September 15, 2026.
• Instead of an open-ended stay tied to program completion, these individuals will now receive a fixed admission period (up to four years for F/J, up to 240 days for I) with a specific I-94 expiration date, after which an extension must be filed with USCIS.
• The rule also tightens school transfer rules, limits repeat enrollment at the same education level, shortens the post-completion grace period from 60 to 30 days, and caps English-language program enrollment at 24 months.
• Anyone in F-1, J-1, or I status (along with the schools, sponsors, and employers who work with them) should start tracking I-94 expiration dates now and plan extension filings well in advance.

Transcript:

If you’re an international student, an exchange visitor, a university administrator, or an employer who hires F-1 students, this is one of the biggest immigration changes we’ve seen in years.

DHS has just finalized a rule that fundamentally changes how F-1 students, J-1 exchange visitors, and I media representatives are admitted to the U.S. But that’s not all. Let’s break down what actually changed.

But first, hi everyone. I’m Gabriella Agostinelli, partner at Berardi Immigration Law.

On this channel, we break down complicated immigration changes into practical information you can actually understand.

If you find these updates helpful, I’d really appreciate it if you could take a second to like this video and subscribe to our channel. We post regular updates whenever there are major changes to U.S. immigration law and everything in between. So let’s jump in.

The biggest headline is this:

For decades, most F-1 students, J-1 exchange visitors, and I representatives of foreign media have been admitted to the U.S. for what’s called Duration of Status, or D/S.

This means their immigration status generally remained valid as long as they continued complying with the terms of their program. There wasn’t a specific expiration date on their stay.

That system is going away.

Instead, beginning September 15, 2026, these individuals will generally receive admission for a fixed period of time.

Their I-94 admission period will now have a specific expiration date.

If they need additional time to finish their program, they will generally have to file an extension of stay with USCIS or leave the U.S. and seek readmission.

In other words, USCIS is inserting itself into the extension process much more than before.

So why is DHS making this change?

According to the final rule, the government believes the Duration of Status system made it more difficult to monitor compliance and detect fraud. DHS says requiring periodic extension requests will allow immigration officers to more regularly review whether someone is still maintaining lawful status.

The next major change is that there are now maximum admission periods.

For most F and J nonimmigrants, admission may generally be granted for the length of the academic or exchange program, but not more than four years at a time.

For I visa holders, admission will generally be limited to the duration of the assignment, up to 240 days before an extension becomes necessary.

Let’s talk about students because several of the changes specifically affect F-1s.

Graduate students will face much stricter rules.

Generally speaking, graduate-level students will no longer be able to transfer schools during their program unless they qualify for a limited exception approved by SEVP.

Graduate students also won’t be permitted to change educational objectives once they’ve started their program.

For undergraduate students, transferring schools will also become more restrictive. In most situations, they’ll need to complete their first academic year before transferring unless an exception applies.

Another important change is that students generally cannot use F-1 status to pursue another program at the same or lower educational level.

For example, if you’ve already completed a bachelor’s degree in the U.S., you generally won’t be able to start a second bachelor’s degree in F-1 status.

Likewise, someone who has completed a master’s degree can’t enroll in another master’s degree simply to remain in F-1 status.

Instead, the expectation is that students move to a higher education level, such as from a bachelor’s degree to a master’s or a master’s degree to a Ph.D.

DHS says this change is intended to reinforce that F-1 status is for making forward academic progress, not for extending one’s stay by repeatedly enrolling in programs at the same educational level.

Another important change involves grace periods.

Currently, most F-1 students receive a 60-day grace period after completing their studies or OPT.

That is being reduced to 30 days.

Similarly, if a student finishes their program early, they’ll generally have only 30 days to either depart the United States or obtain another lawful immigration status.

That means there will be less time to make important immigration decisions after graduation.

This new rule also creates a new limitation for English language students.

Students enrolled in language-learning programs will generally be limited to a total of 24 months in that status.

In addition, DHS states that repeated academic problems, probation, suspension, or failure to complete coursework generally will not justify extending a student’s program.

There are also procedural changes.

Extensions of stay applications for F, J, and I nonimmigrants may now require biometrics, including fingerprints and photographs.

There are also transition rules for people who are already here in Duration of Status when this rule becomes effective, as well as special provisions for certain OPT and STEM OPT applicants so that they aren’t immediately caught by surprise.

Now let’s discuss something that has generated some discussion online.

Some people noticed that the proposed version of this rule appeared to remove the regulation requiring USCIS officers to generally give deference to prior approvals for any kind of visa petition when the same facts of the case are at play: the same beneficiary, the same employer, the same type of position, and no material changes.

Many practitioners, including immigration attorneys, were understandably concerned with this.

Here’s the good news: the final rule does not eliminate that prior deference provision.

Assuming all of the facts of your case are the same, you should be absolutely fine. If you have previously been approved for a specific work permit with the same employer and the same type of position, you can generally expect your subsequent extension petition to be approved.

What does all of this mean in practical terms?

If you’re an F-1 or J-1 student, you’ll want to pay much closer attention to your I-94 expiration date than you may have in the past.

If you’re a university, exchange sponsor, or employer working with international students or exchange visitors, you should begin preparing now for additional extension filings and more direct interaction with USCIS.

And if you’re planning your long-term immigration strategy, it’s going to be more important than ever to think ahead.

Waiting until the last minute may no longer be an option.

These changes are significant, and I suspect we’ll continue seeing additional guidance from USCIS over the coming months as the agency explains exactly how it intends to implement many of these new procedures.

We’ll be watching those developments closely.

If this video helped you understand what’s changing, please like the video, subscribe to our channel, and turn on notifications so you don’t miss future immigration updates.

Thank you so much for watching, and I’ll see you on the next one.