Elimination of “Duration Of Status (D/S)” for F, J and I Non-Immigrants

Pursuing the implementation of its Enhanced Vetting policy, the U.S. Citizenship & Immigration Services (USCIS) has published, on July 17, 2026, its final rule, eliminating Duration of Status (D/S) for students (F), exchange visitors (J) and media representatives (I), and their dependents), in favor of a fixed admission period.  The new rule takes effect September 15, 2026:  with an average of 2 million Foreign National admissions annually (including approximately 1.2 million F-1 academic students), its impact will be large-scale, not only on impacted Foreign Nationals, but also on Academic/Exchange Program Administrators.

What is the Current D/S Policy?

Under current regulations, non-immigrants admitted to the United States in F, J or I status are not given a specific status expiration date. Instead, their D/S admission means that they are authorized to maintain their F/J/I status in the U.S. for the duration of their program as long as they continue to comply with the terms of their status. This policy has historically provided flexibility to those non-immigrants in the U.S. to change/transfer sponsoring university/organization, and/or extend their stay in the U.S.  The ability to do so has been critical for individuals in F or J status, whose D/S admission has enabled them to further their education and training in the U.S. without pre-filing/authorization from USCIS, by:

• Transferring universities to complete their program
• Continuing their education by enrolling in a higher degree program
• Extending their F-1 status to complete their authorized Optional Practical Training (OPT) period, or
• Extending their J-1 stay in the U.S. to complete their Medical Residency and fellowships.

J-1 status is a key visa status for Foreign Medical Residents in the U.S., sponsored by the ECFMG and providing both training flexibility to hospitals and medical facilities, while at the same time allowing residents to gain first-class medical training in the U.S.

The D/S admission policy also means that F/J/I non-immigrants who fail to comply with their status in the U.S. (e.g., drop out of school, terminate their exchange program, …) do not accrue unlawful presence in the U.S. Unlawful presence in the U.S. for more than 180 days triggers a three-year bar to re-admission to the U.S. (and a ten-year bar following unlawful presence of over one year).

Enhanced Vetting and Elimination of D/S

With the new rule and the elimination of D/S status, the Administration seeks to establish controls over Student, Exchange Visitor and Media status, by limiting their status, at entry in the U.S., to up to 4 years, and requiring they apply for extension of status should they wish to remain past this 4-year period. Those extension applicants would then be required to submit new Biometrics for an updated security check.

F-1 Academic Students	J-1 Exchange Visitors	I Media Representatives
Admitted for the duration of their degree program, not to exceed 4 years Grant of a 30-day grace period following termination of status (down from 60 days currently)	Admitted for the duration of their exchange visitor program, not to exceed 4 years Grant of a 30-day grace period following termination of status (same as current grace period)	Admitted for the duration of their assignment, not to exceed 240 days (or 90 days for holders of PRC passports, except Macau/Hong Kong)

The new rule also limits flexibilities so far granted to F/J non-immigrant students:

• First-year undergraduate students will be prohibited from changing programs, majors, or education levels within the first year (unless ICE’s Student and Exchange Visitor Program (SEVP) grants them an exception for extenuating circumstances),
• F-1 graduate students will be entirely prohibited from changing programs, majors or educational levels, while transfers might be permitted due to extenuating circumstances,
• F-1 students who have completed a degree program in the U.S. at a certain level will also be prohibited from later enrolling in a program at the same (or lower) level, and could only later enroll in a higher degree program,
• The F-1 post-completion grace period to depart the U.S. will be reduced from 60 days to 30 days.

Expected Impact

Effective September 15, 2026, the new rule will generally limit the flexibilities F/J/I non-immigrants have had so far, to either transfer their sponsoring programs/institutions or extend their enrollment, adding significant new compliance requirements and responsibilities for educational institutions and J-1 sponsoring organizations.  But the new rule is also expected to have broader implications:

• Delays in processing time could cause status gaps that might impact students’ and exchange visitors’ ability to pursue their degree/exchange program/J-1 Medical Residency in the U.S., even if they timely apply for extension,
• The new extension requirement is also expected to result in a significant increase of applications filed with USCIS, which in turn is expected to cause more processing delays (from, currently, ~ 3-4 months).
• For those F-1 students registered in the annual H-1B Cap Lottery, the reduction of their grace period to 30 days may render them ineligible for change of status in the U.S., and for those who do remain eligible for change of status, it may still impact their eligibility for the F-1 Cap-Gap automatic extension of work authorization until April 1 the following year.
• Unlawful presence (and potential three/ten-year bar) will be triggered at expiration of status (unless they timely file for extension or change of status before their F/J/I status expires), thus impacting their later eligibility for further immigration benefits if they remain in the U.S. for more than 180 days/1 year.

Implementation of the rule will also require significant updates to the SEVP system, to ensure/monitor compliance with extension rules and acceptable criteria (i.e., compelling academic, documented medical, or exceptional circumstances).

The Extension Process & Work Authorization

The application for extension of F/J/I status will have to be filed on Form I-539 with USCIS, before expiration of current status and with Form I-20 (for F-1 students) or DS-2019 (for J-1 Exchange Visitors), confirming that additional time is required to complete the program. As is often the case with requests for extension, the question of international travel also arises, and while international travel should be allowed while the extension application is pending, status, at return to the U.S., will be limited to:

• The balance left on the applicant’s previous 4-year admission (the pending application for extension will remain in process), or
• The extended period requested on the application for extension (since status will effectively have been extended at re-entry, the pending application for extension will be deemed abandoned).[1]

As it relates to F-1 work authorizations (OPT/STEM OPT), the rule does not impact the continued availability of the automatic 180-day extension for STEM extension applicants, i.e., they can continue work for 180 days past their OPT expiration if they have timely filed their I-765 STEM extension and while that extension is pending.

But for those students whose F-1 status is due to expire before their OPT expiration, the rule does include provision for automatic extension of authorized stay and of employment authorization for up to 240 days, so long as the I-539 extension application was timely filed.

Transition Rules

F, J and I non-immigrants admitted to the U.S. before the rule takes effect will be admitted under the current D/S policy. The rule therefore provides special considerations for transition to the new fixed-term status rule:

• Foreign Nationals in F/J status, present in the U.S. when the rule takes effect (September 15, 2026), can remain in the U.S.:
  • Until the later of (1) their I-20/DS-2019 program end date, or (2) their OPT expiration date[2],
  • But not to exceed 4 years from the rule’s effective date
  • Those who submit a timely I-765 OPT/STEM OPT application within six months of the rule becoming effective will not require a separate I-539 application be filed.
• Foreign Nationals in I status (media representatives) can remain in the U.S. for the duration of their assignment, up to 240 days (or up to 90 days for PRC passport holders) from September 15, 2026.

The new Fixed-Term Rule for F/J/I Foreign Nationals is expected to have a broad impact, not just on those Foreign Nationals, but also on Program Administrators and on U.S. employers, as the F-1 OPT/STEM OPT programs have provided critical pipelines to U.S. industries for addressing workforce shortages in highly-skilled positions.

Clark Hill will continue to monitor updates, and USCIS’s and allied agencies’ implementation of this rule. If you are impacted by this new rule or are an employer who currently employs F/J workers and are concerned about impact of this rule on them, please feel free to contact a member of Clark Hill’s Immigration Law Practice, and remember to subscribe to receive future Immigration Law alerts directly to your inbox!

[1] However, if applying for a change of status, the rule remains that the application will be denied as abandoned, should the applicant leave the U.S. while it remains pending.

[2] However, students who complete their program early will see their 30-day grace period start from their actual program end date, not from their I-20/DS-2019 end date.