DHS Replaces “Duration of Status” (D/S) with Fixed-Term Admission for F, J, and I Nonimmigrants
The U.S. Department of Homeland Security (DHS) has issued a final rule that significantly changes how F, J, and I nonimmigrants are admitted to the United States. For decades, individuals in these categories were admitted for "Duration of Status" (D/S), allowing them to remain in the United States as long as they maintained the underlying activity supporting their status and complied with all applicable immigration requirements.
Beginning September 15, 2026, DHS will replace the D/S admission model with a fixed period of authorized stay reflected by a specific expiration date on the individual's Form I-94 Arrival/Departure Record. Before the I-94 expires, the individual must either obtain an extension of stay from within the US, secure another valid immigration status, or depart the United States.
This change affects not only principal F-1 students, J-1 exchange visitors, and I foreign media representatives, but also their dependent spouses and children.
How Will This Affect F-1 Students?
Most F-1 students will be admitted for the length of the academic program listed on Form I-20, not to exceed four years, plus:
Up to 30 days before the program start date; and
A 30-day departure period following program completion.
OPT and STEM OPT Considerations
Students pursuing OPT, STEM OPT, transfers, additional degree programs, or other status-related benefits may need to file an Extension of Stay (EOS) request with USCIS before their I-94 expires or obtain a new period of admission by departing and reentering the United States.
A valid EAD card and Form I-20 may not be sufficient if the individual has exceeded the period of stay authorized on the I-94.
Shorter Grace Period for F-1 Students
The final rule also reduces the F-1 departure grace period following program completion from 60 days to 30 days. This shorter period provides less time to:
Transfer schools;
Begin a new academic program;
Change educational levels;
Apply for a change of status; or
Prepare to depart the United States.
Students should begin planning future immigration options much earlier than under the prior framework.
How Will This Affect J-1 Exchange Visitors?
J-1 exchange visitors will also transition from D/S admission to fixed-term admission.
Depending on the exchange visitor program, many J-1 participants may receive an admission period corresponding to the program dates listed on Form DS-2019, subject to DHS limitations.
Exchange visitors whose research, training, academic, medical, or cultural exchange activities are extended beyond the admission period reflected on the I-94 may need to seek an extension of stay from USCIS or depart and seek readmission.
J-1 participants should be particularly attentive to:
Program extensions;
Transfers between sponsors;
Academic appointments;
Research projects extending beyond anticipated completion dates; and
Travel outside the United States.
How Will This Affect I Foreign Media Representatives?
Foreign journalists, broadcasters, and other media representatives admitted in I status have historically benefitted from D/S admission because many media assignments do not have predictable end dates.
Under the new rule, I nonimmigrants will receive a fixed admission period reflected on Form I-94. Media representatives whose assignments continue beyond the authorized admission period may be required to:
File an extension of stay application;
Obtain a new admission period through international travel and reentry; or
Pursue another available immigration option.
Media organizations should closely monitor assignment timelines to ensure continued status compliance.
What Should Dependents Know?
One of the most significant aspects of the new rule is that dependent family members must also monitor their own admission periods.
F-2, J-2, and dependent I family members should:
Check their I-94 records after every admission to the United States;
Keep copies of all I-94 records and travel history;
Verify that admission periods remain consistent with the principal's status;
Monitor expiration dates carefully; and
Consult immigration counsel before an anticipated expiration date.
Dependents can no longer assume that maintaining a relationship with the principal visa holder alone is sufficient to preserve lawful status.
Travel Considerations
International travel will become substantially more consequential under the new system.
Each time an F, J, or I nonimmigrant enters the United States, CBP will issue a new I-94 containing a specific admission expiration date. Travelers should review the admission record immediately after entry to confirm that the authorized stay period was issued correctly.
Travelers whose academic programs, exchange activities, media assignments, or dependent status may extend beyond the admission period should consult immigration counsel before traveling internationally.
Key Takeaway
The elimination of Duration of Status (D/S) represents one of the most significant changes to F, J, and I nonimmigrant status in decades. Beginning September 15, 2026, affected individuals can no longer rely solely on valid Forms I-20 or DS-2019, employment authorization, or ongoing media assignments to remain in lawful status. Instead, the expiration date on Form I-94 will become the critical date governing authorized stay in the United States.
F-1 students, J-1 exchange visitors, I foreign media representatives, and all F-2, J-2, and dependent I family members should carefully monitor their I-94 records, proactively plan for extensions when necessary, and review international travel decisions with their sponsoring institution, program sponsor, employer, or immigration counsel. Failure to monitor admission periods could result in inadvertent status violations even where all other program requirements continue to be met.
For additional information or assistance contact us at Nashwa@azroslaw.com or Morgan@azroslaw.com