USCIS Eliminates Duration of Status for F, J, and I Nonimmigrants; Mandatory Fixed Admission Periods and Extension of Stay Required Effective Sept. 15, 2026

The Department of Homeland Security (DHS) has published a final rule in the Federal Register (8 CFR Parts 214, 248, and 274a) officially replacing the longstanding “Duration of Status” (D/S) framework with fixed-date periods of authorized admission for F academic students, J exchange visitors, and I representatives of foreign information media.

Historically, nonimmigrants in F, J, and I status were admitted without a specific departure date, remaining in valid status for as long as they complied with program requirements. Under the new rule, lawful stay will no longer be determined solely by an active Form I-20 or Form DS-2019. Instead, the Form I-94 “admit-until” date will become the controlling document. Nonimmigrants who need additional time to complete their studies, training, or media assignments must now file a formal Extension of Stay (EOS) application directly with U.S. Citizenship and Immigration Services (USCIS).

Key Changes Under the New Rule

• Effective Date: The rule takes effect on September 15, 2026.

• Maximum 4-Year Admission Limits: F-1 students and J-1 exchange visitors will be admitted for the length of their specific program, not to exceed a maximum of four (4) years at a time.

• Fixed Admission Limits for Foreign Media (I Visas): Representatives of foreign media will be admitted for the period necessary to complete their specific assignment, not to exceed 240 days (or 90 days for certain People’s Republic of China passport holders).

• Reduced Post-Completion Grace Period: The post-completion grace period for F-1 nonimmigrants to prepare for departure or transfer is reduced from 60 days to 30 days. If study or training ends early, the student and dependents must depart or maintain status within 30 days.

• Mandatory USCIS Extension of Stay (EOS): Program extensions through a Designated School Official (DSO) or Responsible Officer (RO) will no longer extend legal immigration status. Nonimmigrants must file Form I-539 (or successor form) with USCIS before their I-94 expires.

• Increased Vetting and Biometrics: EOS applicants may be required to submit biometrics, attend field office interviews, and provide updated proof of sufficient financial resources.

• Language Training Cap: Enrollment in English Language Training (ELT) programs is capped at an aggregate maximum of 24 months.

• Restricted Program Transfers and Academic Shifts: F-1 graduate-level students are prohibited from changing educational objectives or transferring schools during their program absent SEVP-authorized extenuating circumstances. Undergraduate students must generally complete their first academic year before transferring. Movement to the same or a lower degree level after completing a program is prohibited.

• Accrual of Unlawful Presence: Once the fixed I-94 admit-until date expires without a timely filed EOS or status-preserving action, unlawful presence begins accruing immediately, which can trigger 3-year or 10-year reentry bars upon departure.   Read more about unlawful presence.

Continuation of Study and Work Authorization Pending EOS Adjudication

To mitigate disruptions caused by USCIS processing backlogs, the final rule provides specific protections for individuals with timely filed, pending EOS applications:

• Study Continuation: F-1 students who timely file an EOS application prior to I-94 expiration may continue pursuing a full course of study while the application remains pending with USCIS.

• Work Authorization Auto-Extensions:

  • STEM OPT: The standard 180-day automatic extension for timely filed STEM OPT extension requests remains unchanged.

  • On-Campus & Economic Hardship Work: On-campus work authorization and off-campus employment based on severe economic hardship may be auto-extended for up to 240 days while an EOS is pending.

  • J-1 & I Nonimmigrants: J-1 exchange visitors employed incident to status and I media representatives may continue working for up to 240 days while a timely EOS is pending.

  • Dependents (J-2): J-2 dependents relying on EADs do not receive automatic work extensions upon EAD expiration.

Transition Period Rules for Current Status Holders

DHS has implemented a phased transition mechanism (8 CFR 214.1(m)) to accommodate nonimmigrants currently present in the U.S. under Duration of Status:

1. Active F and J Status Holders: Individuals admitted in D/S prior to September 15, 2026, may remain in D/S until their current I-20/DS-2019 program end date, or for up to four (4) years from the rule’s effective date, whichever is shorter.

2. Short-Term OPT/STEM OPT Reprieve: F-1 students in D/S who timely file Form I-765 for post-completion OPT or STEM OPT on or before March 18, 2027, will not be required to file a separate EOS application during that cycle.

3. International Travel Triggers Conversion: Any international travel during the transition period terminates D/S. Upon re-entering the U.S., the individual will be issued a fixed-date Form I-94 and enter the new regime.

4. Active I Nonimmigrants: Current I visa holders in D/S may remain for the period necessary to complete their assignment, not to exceed 240 days (or 90 days for certain PRC passport holders) from September 15, 2026, after which an EOS filing is required.

Travel and Abandonment Risks

International travel becomes significantly more complex under the new rule:

• Pending EOS Applications: Departing the United States while an EOS application or Change of Status (COS) application is pending will generally result in the application being deemed abandoned by USCIS.

• Automatic Visa Revalidation: Re-entry after short trips (under 30 days) to contiguous territory or adjacent islands will now operate within the strict confines of the fixed I-94 date rather than open-ended D/S.

Implications for Current OPT and STEM OPT Holders

Current OPT and STEM OPT participants must navigate both immediate transition reprieves and stricter long-term compliance rules under the new framework.  Active F-1 students admitted in Duration of Status (D/S) who timely file Form I-765 for post-completion OPT or a STEM OPT extension on or before March 18, 2027, benefit from a temporary reprieve exempting them from filing a separate Form I-539 Extension of Stay (EOS) application. The final rule also expressly preserves the 180-day automatic work authorization extension for timely filed STEM OPT applications while adjudication is pending.

However, after this transition period expires (March 18, 2027)—or if a student departs the U.S. prior to filing and is readmitted with a fixed-date I-94—applying for STEM OPT or post-completion OPT will no longer be a single-form process. Because an approved OPT or STEM OPT period will likely extend the individual’s authorized time in the United States beyond their academic program’s fixed admission end date, F-1 students will be required to concurrently file both Form I-765 (for the Employment Authorization Document) and Form I-539 (for an Extension of Stay) to maintain valid immigration status and legally remain in the country.

Furthermore, once any OPT or STEM OPT period concludes, participants will face a shortened 30-day grace period—reduced from the traditional 60 days—to depart the U.S., advance to a higher degree level, or change nonimmigrant status. Finally, international travel while an OPT/STEM OPT or EOS filing is pending carries elevated risks, as departure can trigger case abandonment or result in readmission with a restrictive, fixed-date Form I-94

Implications for F-1 Students Seeking Subsequent Degrees and CPT After H-1B Lottery Rejection

For F-1 students who are not selected in the annual H-1B cap lottery, a common strategy has been to enroll in a subsequent degree program—such as a second master’s degree—that offers Curricular Practical Training (CPT) to maintain valid immigration status and continue working in the United States. The elimination of Duration of Status (D/S) and the introduction of strict academic mobility limits will drastically alter this pathway.

• The End of the “Second Master’s” Strategy: Under the final rule, any nonimmigrant who completes a program at one educational level is only permitted to begin a new program at a higher educational level to maintain F-1 status. Movement to the same or a lower educational level while an F-1 student is strictly prohibited. Consequently, students who earn an initial master’s degree will no longer be authorized to enroll in a subsequent master’s program to access CPT; their only viable option to continue studying will be to advance to a doctoral-level program.

• Strict Prohibitions on Graduate-Level Transfers and Changes: The rule severely restricts the mobility of graduate students. F-1 students at the graduate education level or above are expressly prohibited from changing their educational objectives at any point during their program of study. Furthermore, graduate students are barred from transferring to another school during their program unless the Student and Exchange Visitor Program (SEVP) authorizes an exception due to extenuating circumstances.

• CPT Constraints and EOS Filings: Students who utilize CPT must complete their practical training within their fixed, authorized period of admission. If a student’s program and associated training require more time, they must formally apply for an Extension of Stay (EOS) with USCIS rather than relying on a simple SEVIS update.

• Employment Protections During Pending EOS: If a student timely files an EOS application before their admission period expires, they will be authorized to continue pursuing a full course of study until USCIS adjudicates the application. Additionally, current authorizations for on-campus and certain off-campus employment may be auto-extended for up to 240 days while the timely filed EOS remains pending.

Students nearing the completion of an initial master’s program who intend to rely on CPT for continued employment must urgently reassess their strategies. Last-minute pivots to same-level degree programs will no longer be permissible once the rule takes effect on September 15, 2026.

Conclusion and Recommendations

The elimination of Duration of Status represents a major shift that will subject F-1 students, exchange visitors, and media representatives to significantly more rigorous compliance standards and financial burdens. Students must now be very careful to avoid newly created immigration pitfalls, including strict Form I-94 expiration dates, shortened post-completion grace periods, restricted academic transfers, and elevated travel risks.

Extending lawful stay or pursuing practical training will no longer be a seamless, school-managed SEVIS update. Instead, students will be forced to spend considerably more money and time navigating the new process —absorbing the costs of formal Extension of Stay filings. Moving forward, proactive planning, early filing strategies, and close coordination with Designated School Officials and immigration counsel will be absolutely essential.

We will continue to closely monitor the implementation of this final rule and any upcoming guidance issued by USCIS. Please do not hesitate to contact us if we can be of any help with a specific case filing or with a phone consultation.    Please feel free to subscribe to our free weekly newsletter to obtain developments on this and related topics.

Frequently Asked Questions