On July 17, 2026, the Department of Homeland Security (“DHS”) published a final rule that fundamentally changes how many F international students, J exchange visitors , and I representatives of foreign media nonimmigrants are admitted to the United States. Beginning September 15, 2026, individuals entering the US in these visa classifications will generally no longer be admitted for “Duration of Status” (“D/S”). Instead, they will receive admission for a fixed period of time.
For decades, students, exchange visitors and foreign media representatives could generally remain in the United States for as long as they maintained the requirements of their immigration status. Under the new rule, many individuals will instead need to monitor the expiration date of their admission and, where necessary, apply to United States Citizenship and Immigration Services (“USCIS”) for an extension of stay before that period expires. Individuals who fail to extend their stay beyond the fixed period could accrue unlawful presence.
This is one of the most significant changes to these visa classifications in many years and will affect students, universities, exchange program sponsors, employers and media organizations alike.
What is “Duration of Status” (D/S)?
Duration of Status, commonly abbreviated as “D/S,” has long been the method by which most individuals in F, J and I status were admitted to the US. Instead of receiving an I-94 with a fixed expiration date, these individuals were admitted for as long as they continued to comply with the requirements of their status.
For example, an F-1 student could generally remain in the United States while pursuing a full course of study and any authorized practical training. Likewise, a J-1 exchange visitor could remain for the duration of the approved exchange program, while an I visa holder could remain for as long as they continued their qualifying foreign media activities.
Because admission was tied to maintaining status rather than a specific expiration date, many individuals never needed to file an extension of stay simply because their program took longer than originally anticipated.
What is changing?
The new rule eliminates the Duration of Status framework for most F, J and I nonimmigrants. Instead, these individuals will generally receive admission until a specific date shown on their Form I-94. For most F and J nonimmigrants, the admission period may extend through the end date on the Form I-20 or Form DS-2019, or through the expiration of an Employment Authorization Document where applicable, but generally may not exceed four years.
Foreign media representatives entering in I status will generally receive admission for up to 240 days. Individuals travelling on passports issued by the People’s Republic of China will generally be limited to a maximum admission period of 90 days. Once that admission period expires, remaining in the United States will generally require a timely filed extension of stay unless another immigration status has been obtained.
Does this mean my visa expires sooner?
No. This is one of the most important distinctions to understand.
A visa and an admission period are not the same thing. A visa allows you to travel to a US port of entry and request admission. It does not determine how long you are authorized to remain in the United States after you arrive. The length of your authorized stay is determined by your Form I-94, which is issued by US Customs and Border Protection (“CBP”) when you enter the country.
As a result, it is entirely possible for someone to hold a visa that remains valid for several years while their authorized stay expires much earlier. Under the new rule, checking the expiration date on your I-94 will become far more important than it has been under the Duration of Status system.
Who will be affected?
The rule applies to individuals entering the US in F, J and I classifications, as well as their qualifying dependents, whose admission periods will generally correspond to that of the principal applicant.
Educational institutions, exchange program sponsors, employers and media organizations should also prepare for the increased administrative burden associated with monitoring admission periods and, where necessary, assisting individuals with extension applications.
Will students now have to file extension applications?
In many cases, yes.
One of the biggest practical consequences of the rule is that students whose academic programs extend beyond their authorized admission period may now need to file an extension of stay with USCIS before their current admission expires. For example, a doctoral student admitted for four years whose research ultimately requires six years to complete may need to obtain an extension of stay before the end of the fourth year. Similarly, a student whose graduation is delayed because of research requirements or changes to dissertation timing may also need additional immigration filings that were previously unnecessary under the Duration of Status system.
What changes apply specifically to F-1 students?
In addition to replacing Duration of Status with fixed admission periods, DHS has made several other important changes affecting F-1 students. Graduate students and students pursuing higher levels of education will generally no longer be permitted to change their educational objective after beginning a program. In addition, the grace period following completion of studies or post completion Optional Practical Training will generally be reduced from 60 days to 30 days. The rule does preserve existing protections for certain students. Automatic employment authorization extensions for timely filed STEM OPT applications remain available, as do existing H-1B cap-gap protections for students transitioning to H-1B status.
What changes apply to I visa holders?
Foreign journalists and other qualifying foreign media representatives will experience perhaps the most significant operational change. Rather than remaining in the United States for Duration of Status, I visa holders will generally receive admission for no more than 240 days. Journalists travelling on passports issued by the People’s Republic of China will generally be limited to 90-day admission periods.
Long-term reporting assignments may therefore require one or more extension applications during the course of a project. Media organizations assigning personnel to the United States should begin incorporating immigration planning into longer-term assignments.
What happens if someone remains in the United States after their admission expires?
The consequences can be significant. Unlike the previous Duration of Status framework, remaining beyond the authorized admission period may result in a loss of lawful status and, depending on the circumstances, the accrual of unlawful presence. This can have serious immigration consequences, including future inadmissibility and difficulties obtaining future immigration benefits.
Because of these risks, it will be more important than ever for individuals to monitor their I-94 expiration date carefully and begin any required extension process well before that date arrives.
Does the rule affect people who are already in the United States?
DHS has included transition provisions for individuals who were previously admitted under the Duration of Status system. The rule also provides temporary accommodations during the initial implementation period for certain students applying for post completion OPT or STEM OPT employment authorization.
Because implementation guidance continues to evolve, students and exchange visitors should continue monitoring announcements issued by DHS, USCIS, and the Student and Exchange Visitor Program (“SEVP”).
What should students, exchange visitors and employers do now?
Although the rule is scheduled to take effect on September 15, 2026, affected individuals should begin preparing now. Students should become familiar with reviewing their electronic Form I-94 after every entry into the United States and should no longer assume they have authorization to remain simply because they continue participating in an approved program.
Universities, exchange program sponsors, employers and media organizations should also review their compliance procedures and identify individuals who may require future extension applications. Immigration planning that once occurred only at the beginning of a program may now become an ongoing responsibility throughout the individual’s stay in the United States.
Is this rule definitely taking effect on September 15, 2026?
The rule has been published with an effective date of September 15, 2026. However, DHS has designated it as a “major rule” under the Congressional Review Act and has indicated that, if the effective date changes as a result of that review process, it will publish further notice in the Federal Register. We also expect DHS, USCIS and SEVP to issue additional implementation guidance over the coming months to answer many of the practical questions that institutions and foreign nationals will have as this new framework is rolled out.
DLG’s Take
The elimination of Duration of Status represents a fundamental shift in the administration of F, J and I immigration classifications. While DHS describes the changes as providing greater oversight of these categories, the practical effect will be increased compliance obligations for students, exchange visitors, journalists and the institutions that support them and there will likely be longer delays with USCIS for extensions of stay as a result.
For many individuals, maintaining lawful status will no longer depend solely on complying with the requirements of their academic program, exchange activity or media assignment. It will also require careful monitoring of admission periods and, where necessary, timely filing of extension applications with USCIS.
As with any significant regulatory change, we expect implementation questions to arise over the coming months. Daryanani Law Group will continue monitoring DHS and USCIS guidance and will provide updates as additional information becomes available.
