For decades, international students, exchange visitors, and foreign media representatives in the United States enjoyed a unique benefit: admission for “duration of status” (D/S), meaning they could remain in the country for as long as they maintained their program requirements, without a fixed expiration date. That era is now over. On July 17, 2026, the Department of Homeland Security, through U.S. Immigration and Customs Enforcement, published a final rule in the Federal Register eliminating D/S for F-1 students, J-1 exchange visitors, and I nonimmigrant media representatives. The rule takes effect September 15, 2026, and it represents one of the most significant structural changes to these visa categories in decades.
What’s Changing
Going forward, F-1 and J-1 nonimmigrants will be admitted for a fixed period tied to their program length, capped at four years. I nonimmigrants will generally be admitted for up to 240 days, or just 90 days for most passport holders from the People’s Republic of China (excluding Hong Kong and Macau SAR). Once that fixed period expires, individuals who need more time must file Form I-539 with USCIS for a formal Extension of Stay, or depart the country. The post-completion departure grace period for F-1 students is also shrinking, from 60 days to 30 days going forward. Perhaps most significantly, unlawful presence will now begin accruing automatically the moment an admission period expires, without the formal USCIS or immigration judge finding that D/S previously required. That is a meaningful shift in risk: 180 days of unlawful presence can trigger a 3-year reentry bar, and one year or more can trigger a 10-year bar.
## New Restrictions for F-1 Students The rule doesn’t stop at timing. It also imposes new substantive limits on F-1 students:
– Students generally must complete their first academic year at their initial school before transferring, absent a qualifying SEVP exception.
– Graduate-level students cannot change their educational objective or transfer schools at any point in their program, absent extenuating circumstances.
– Progression between educational levels must move “upward only” — a bachelor’s graduate can move to a master’s or doctorate, but not sideways or down.
– Language-training programs are capped at an aggregate 24 months.
## Transition Relief for Those Already Here DHS built in transition rules to soften the landing for people currently in D/S status. Those individuals may generally remain until their program end date or four years from the effective date, whichever comes first, without needing a corrected Form I-94. F-1 students who timely file for post-completion OPT or STEM OPT on or before March 18, 2027 may only need to file Form I-765, without a separate EOS application — but that relief disappears if the student travels internationally and re-enters during the transition window before filing.
What You Should Do Now
If you are an F-1 student, J-1 exchange visitor, or I nonimmigrant, confirm your program start date and calculate your resulting fixed admission deadline as soon as possible.
If you are currently in D/S, understand which transition rule applies to you, and know that international travel during the transition period will replace your D/S admission with a fixed I-94 date upon reentry.
Employers and universities should begin auditing records now, since recalculating admission periods and identifying who needs to file for an extension will take lead time.
This rule remains subject to congressional review as a major rule, and further guidance from USCIS, ICE, and the State Department is expected before the effective date. Our office is closely monitoring these developments and will provide updates as they occur.
Have questions about how this rule affects your specific situation?
Contact Purcell Law, APC for a consultation. This post is for informational purposes only and does not constitute legal advice for any particular situation.
