On July 17, 2026, the Department of Homeland Security published a final rule that fundamentally changes how international students (F-1), exchange visitors (J-1), and foreign media representatives (I) are admitted to the United States. The rule eliminates the decades-old “duration of status” (D/S) framework and replaces it with fixed admission periods. The rule takes effect on September 15, 2026.
In short, if you or a family member is in the United States in F, J, or I status, your authorized stay will soon have a hard expiration date, and staying beyond that date without filing an extension will carry serious immigration consequences. This article explains the rule and, most importantly, what you should do now.
What Changed
Since 1978, students in F status have been admitted for “duration of status,” meaning they could remain in the United States for as long as they maintained a full course of study, without a fixed end date on their Form I-94. The new rule ends that system. Key changes include:
Fixed admission periods. F-1 students and J-1 exchange visitors will be admitted for the length of the program listed on their Form I-20 or DS-2019, up to a maximum of four years, plus a short grace period. Students in foreign-language training programs are limited to 24 months. I visa media representatives are limited to 240 days, with a possible 240-day extension.
Grace period reduced from 60 to 30 days. After completing a program, F-1 students will have only 30 days to depart the United States, transfer, or change status, instead of the previous 60 days.
Extensions must now go through USCIS. Students who need more time than their fixed admission period must file Form I-539 (Extension of Stay) directly with USCIS. This replaces the old system in which the school’s designated official could extend a program in SEVIS. USCIS extension applications require a filing fee, biometrics, background checks, and fraud screening, and processing times may be lengthy. Extensions may also be required in connection with program extensions, moving to a higher degree level, and OPT or STEM OPT.
Unlawful presence begins at the I-94 expiration date. This is one of the most consequential changes. Under the old D/S system, students generally did not accrue unlawful presence until the government made a formal finding. Under the new rule, a student who remains past the “admit until” date on the Form I-94 without a timely filed extension will begin accruing unlawful presence, which can trigger the three-year and ten-year bars to returning to the United States.
New limits on academic changes. The rule restricts program and major changes, particularly in the first year of study, and graduate-level students generally may not change educational objectives or transfer schools during their program except in limited circumstances.
What Happens to People Already in the United States
If you are currently in the United States in F, J, or I status under duration of status, you are not required to file anything on September 15, 2026. However, the rule transitions you automatically to the new system:
- Your authorized stay will generally run until the program end date on your current Form I-20 or DS-2019, or four years from the effective date of the rule, whichever comes first.
- If you need to stay beyond that date, you must file a timely Extension of Stay application with USCIS.
- If you travel abroad and reenter the United States on or after September 15, 2026, CBP will admit you with a date-specific I-94 rather than D/S.
What Our Clients Should Do Now
1. Check your Form I-94 and your program end date. Pull your most recent I-94 record from the CBP website and compare it to the program end date on your Form I-20 or DS-2019. After September 15, 2026, your I-94 date, not your school’s records, will control how long you may lawfully remain.
2. Calendar your deadlines. Mark your program end date and count forward 30 days, not 60. If your program may run long, or if you plan to pursue OPT, STEM OPT, or a higher degree, identify the date by which an extension application must be filed and plan to file well in advance.
3. Think carefully before traveling internationally. Any departure and reentry on or after September 15, 2026 will convert your admission from D/S to a fixed end date. Travel is not prohibited, but you should understand exactly what admission period you will receive upon return before you leave.
4. Avoid academic changes without advice. Changing majors, changing degree levels, transferring schools, or dropping below a full course load now carries greater immigration risk, especially for graduate students. Consult with your designated school official and with immigration counsel before making changes.
5. Do not overstay, even briefly. Because unlawful presence now accrues automatically after the I-94 date, even a short overstay can have long-term consequences for future visas, adjustment of status, and reentry. If your status is expiring and your extension has not been filed, seek legal advice immediately.
6. Plan your long-term path early. If your goal is to remain in the United States after your studies through employment, family sponsorship, or another pathway, the compressed timelines under this rule make early planning essential. Waiting until the final semester is no longer a safe strategy.
How The Anwari Law Firm Can Help
Our firm assists students, exchange visitors, and their families with extension of stay applications, change of status filings, travel risk assessments, and long-term immigration planning. Please call us to schedule a consultation: (703) 348-8448
Existing clients with questions about their pending matters may reply to their case email and our team will respond promptly.
This article is for general informational purposes only and does not constitute legal advice. Immigration law changes rapidly, and the application of this rule to your circumstances depends on the specific facts of your case.
Posted in: Immigration
posted on: July 17, 2026