DHS ENDS “DURATION OF STATUS”: MAJOR CHANGES FOR F-1 STUDENTS, J-1 VISITORS AND FOREIGN JOURNALISTS

DHS ENDS “DURATION OF STATUS”: MAJOR CHANGES FOR F-1 STUDENTS, J-1 VISITORS AND FOREIGN JOURNALISTS

#F1Visa #StudentVisa #DurationOfStatus #DHS #USCIS #I94 #J1Visa #IVisa #InternationalStudent #OPT #STEMOPT #I539 #ImmigrationUpdate #ImmigrationAttorney #AyhanOgmen #OgmenLaw

Today, I want to discuss one of the most important changes to the United States nonimmigrant visa system in many years.

The Department of Homeland Security has issued a final rule eliminating the long-standing Duration of Status, commonly called D/S, admission system for:

• F-1 academic students and their F-2 dependents;
• J-1 exchange visitors and their J-2 dependents; and
• I-visa representatives of foreign information media and their dependents.

The rule was published in the Federal Register on July 17, 2026, and is currently scheduled to take effect on September 15, 2026.

This change will affect international students, researchers, exchange visitors, foreign physicians, professors, journalists, media representatives and their families.

Let us discuss what Duration of Status means, what the new rule changes, who will be affected and what people in these categories should do to protect their status.

What Is Duration of Status?

Under the current system, most F-1 students, J-1 exchange visitors and I-visa media representatives are admitted to the United States for Duration of Status.

When they review their Form I-94 arrival record, the “Admit Until Date” commonly states:

D/S

Instead of giving the person a specific expiration date, D/S generally permits the person to remain in the United States while continuing the authorized activity and complying with the requirements of the particular immigration classification.

For an F-1 student, that normally means remaining enrolled, making normal progress toward completing the academic program and complying with the student-status rules.

For a J-1 exchange visitor, it generally means continuing to participate in the authorized exchange program.

For an I-visa holder, it generally means continuing to perform qualifying duties for the foreign media organization.

Under the D/S system, an F-1 student whose academic program was properly extended by the school could generally receive a new Form I-20 without separately filing an extension-of-stay application with USCIS.

That system is now changing.

What Will Change on September 15, 2026?

Under the new rule, individuals entering the United States in F, J or I status will generally receive a Form I-94 containing a specific expiration date.

This means the I-94 expiration date will become critically important.

Maintaining a valid Form I-20, DS-2019, employment assignment or school enrollment will not necessarily be enough by itself if the person’s I-94 admission period is about to expire.

A person who needs more time may have to:

• File an extension-of-stay application with USCIS;
• Change to another lawful immigration status;
• Obtain another form of authorization to remain in the United States; or
• Depart the United States and seek a new admission.

For many applicants, USCIS is expected to use Form I-539 for the extension request, although the final rule gives the government flexibility to use a successor or different form in the future.

How Long Will F-1 and J-1 Applicants Be Admitted?

For most F-1 students and J-1 exchange visitors, the admission period will generally be based on the length of the program shown on the Form I-20 or Form DS-2019.

However, the admission period will generally not exceed four years.

For example, if an F-1 student begins a two-year master’s degree program, the student may be admitted for the program period, subject to the applicable rules.

If a student begins a five-year doctoral program, the initial admission period will generally be limited to four years. The student may therefore have to seek an extension before completing the program.

The four-year limit does not mean that students are prohibited from completing longer programs. It means they may need additional government authorization to remain beyond their initial admission period.

What About I-Visa Journalists and Media Representatives?

The rule creates an especially significant change for I-visa holders.

Most foreign media representatives will generally be admitted for the time needed to complete their qualifying assignment, but for no more than 240 days at a time.

Certain I-visa holders presenting passports issued by the People’s Republic of China, other than qualifying Hong Kong or Macau passport holders, may be limited to shorter periods under the rule.

A journalist or foreign correspondent whose assignment continues beyond the authorized period may need to file an extension-of-stay application with USCIS.

The rule generally permits qualifying I-visa holders who timely file an extension to continue working for the same foreign employer for up to 240 days while the extension remains pending, subject to the specific regulatory requirements.

Will Everyone Currently in D/S Lose Status on September 15?

No.

This is a very important point.

The rule contains transition provisions for people who are already present in the United States under D/S on the effective date.

Many current F-1 and J-1 nonimmigrants will not suddenly become unlawfully present on September 15.

Instead, their authorized period will generally be tied to their existing program end date or a transition period calculated under the new rule, including a maximum transition period in certain situations.

For current F-1 students, the transition rules may also preserve the existing 60-day departure period in specified circumstances.

However, international travel after the rule takes effect may cause the person to be inspected and readmitted under the new fixed-date system.

Therefore, students and exchange visitors should carefully review their I-94 after every entry into the United States.

Do not assume that the new I-94 still says D/S.

What Happens to the F-1 Grace Period?

Under the current system, F-1 students generally receive a 60-day period after completing their program or authorized practical training to prepare to depart, transfer or take another authorized immigration step.

For F-1 students admitted under the new fixed-date system, the final rule generally reduces this period to 30 days.

This is a major change.

Thirty days provides considerably less time to:

• Arrange departure;
• Transfer to another school;
• Prepare a change-of-status application;
• Complete post-graduation arrangements; or
• Address an unexpected immigration problem.

Students should therefore begin planning well before their program or employment authorization ends.

What About OPT and STEM OPT?

OPT and STEM OPT are not eliminated by the rule.

However, the relationship between the student’s employment authorization, Form I-20 and I-94 admission period becomes more complicated.

The final rule includes special provisions for students applying for post-completion OPT or STEM OPT, including a temporary six-month transition provision after the effective date.

The rule also addresses admission for students with approved or pending OPT-related employment authorization.

Nevertheless, students should not assume that filing Form I-765 automatically extends every aspect of their underlying immigration status.

The student must carefully review:

• The I-94 expiration date;
• The Form I-20 program and employment dates;
• The EAD expiration date;
• Any pending Form I-539 extension; and
• The special transition rules.

Can Students Continue Studying While an Extension Is Pending?

The final rule provides that an F-1 student who timely files a qualifying extension-of-stay application may continue pursuing a full course of study while USCIS decides the application.

Certain types of authorized employment may also continue temporarily, subject to the rule’s limitations.

For example, certain F-1 on-campus employment, curricular practical training and qualifying hardship-related employment may receive temporary continuation for up to 240 days while a timely extension is pending.

However, not every type of employment receives the same protection.

Students should not continue working based solely on the assumption that a pending extension authorizes employment.

New Restrictions on Transfers and Educational Changes

The final rule does more than eliminate D/S.

It also creates additional restrictions on some F-1 school transfers and changes in educational objectives.

In general, an F-1 student may be required to complete the first academic year at the school that initially issued the Form I-20 before transferring or changing educational objectives, unless an authorized exception applies.

The rule also places restrictions on changes of educational objectives for some students at the graduate level or above.

These provisions may affect students who attempt to repeatedly change programs or remain enrolled at the same academic level solely to preserve immigration status.

Students considering a transfer, a new degree or a change of program should consult their designated school official and obtain legal advice before making the change.

Why Is DHS Making This Change?

DHS states that the D/S system allowed some F, J and I nonimmigrants to remain in the United States for long periods without a direct USCIS review of their continuing eligibility.

According to DHS, fixed admission periods will allow immigration officers to periodically review whether individuals are:

• Maintaining their status;
• Continuing to engage in authorized activities;
• Complying with immigration laws;
• Eligible for additional time; and
• Presenting fraud, overstay or national-security concerns.

Critics of the rule argue that it will create new expenses, processing delays and uncertainty for legitimate students, universities, exchange programs and foreign media organizations.

Why Is the I-94 Now So Important?

Under the new system, the I-94 expiration date may control how long the person is authorized to remain in the United States.

The expiration date on the visa stamp is not necessarily the same as the expiration date on the I-94.

The Form I-20 or DS-2019 is also not necessarily a substitute for the I-94.

After every international trip, F, J and I nonimmigrants should immediately download and review their new I-94.

If the I-94 contains an incorrect classification or expiration date, the person should address the error immediately.

Waiting until the expiration date approaches can create serious problems.

Unlawful-Presence Consequences

Another major concern involves unlawful presence.

Under the fixed-date system, an individual may generally begin accruing unlawful presence after the authorized admission period expires, unless another rule, timely filed application or authorized period protects the person.

Accumulating unlawful presence can cause serious consequences after departure from the United States, including the three-year or ten-year inadmissibility bars in qualifying cases.

The consequences may also affect:

• Future visa applications;
• Admission to the United States;
• Change-of-status applications; and
• Adjustment-of-status applications.

This is why individuals should not rely exclusively on the school’s Form I-20 or the employer’s statement that an assignment is continuing.

They must monitor the I-94.

Practical Advice for F-1, J-1 and I-Visa Holders

First, obtain a copy of your current I-94 and determine whether it states D/S or contains a specific expiration date.

Second, after any international travel on or after the effective date, download the new I-94 immediately.

Third, compare the I-94 expiration date with the Form I-20, DS-2019, EAD or media-assignment dates.

Fourth, begin preparing any necessary extension well before the I-94 expires.

Fifth, do not assume that a school extension, a new I-20 or an extended employment assignment automatically extends your authorized stay.

Sixth, obtain legal advice before transferring schools, changing educational objectives, traveling internationally or continuing employment while an extension application is pending.

Final Thoughts

The elimination of Duration of Status changes the basic structure of F, J and I nonimmigrant status in the United States.

The most important document will no longer be only the Form I-20, DS-2019 or employment-assignment letter.

The Form I-94 expiration date will become essential.

F-1 students, J-1 exchange visitors and foreign media representatives should begin monitoring their immigration documents more carefully and planning extensions well in advance.

The rule is currently scheduled to take effect on September 15, 2026. Because the rule is subject to congressional review and possible litigation, applicants should continue monitoring official updates before making important decisions.

If you found this information helpful, please like the video, subscribe to our channel and turn on notifications.

We will continue providing updates as DHS, USCIS, CBP and the Student and Exchange Visitor Program issue additional implementation guidance.

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