Elimination of Duration of Status for J Scholars

The final rule “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media” was published on July 15, 2026, with an implementation date of 60 days from the date of publication. The rule will go into effect on September 15, 2026.

This rule will change how F-1/F-2 and J-1/J-2 nonimmigrants are admitted to the U.S. and the process for extending their stay. It will eliminate the long-standing "duration of status" (D/S) policy for F, J, and I nonimmigrants. Those entering the United States as F-1/F-2 international students and J-1/J-2 exchange visitors will be admitted for a fixed period of time as reflected by the “admit until date” on their Form I-94. The fixed end date will be limited to the end date of their Form I-20 or Form DS-2019, not to exceed 4 years, plus a period of 30 days following their program end date. The rule establishes procedures for F international students and J exchange visitors to file extension applications with the U.S. Citizenship and Immigration Services (USCIS) to extend their status.

If not a U.S. citizen, every person who enters the U.S. has either an immigrant or nonimmigrant status. Immigrants are those who come to the United States permanently and are often referred to as permanent residents or green card holders. A nonimmigrant enters the U.S. on a temporary basis – whether for tourism, business, temporary work, or study. Once a person has entered the U.S. in nonimmigrant status, they are restricted to the activity or reason for which they were allowed entry, and are restricted in how long they can remain in the U.S.. Some nonimmigrants may have more than one visa in their passport, but they can only be admitted into the U.S. in one type of nonimmigrant status at a time, as reflected on their Form I-94.  

When entering the United States as a nonimmigrant, the Customs Border Protection (CBP) officer examines their passport and visa and in most cases issues an electronic Arrival/Departure document called the Form I-94. The I-94 determines how long a nonimmigrant is allowed to stay in the United States, proves that they arrived in the country legally in the U.S., and confirms the current immigration status.

To access this record, nonimmigrants can visit CBP's website. The electronic I-94 record should be printed and stored immediately after arrival and every time a nonimmigrant enters the U.S. It is also recommended to save a digital copy. Should an international student or scholar notice a discrepancy on their I-94 they should contact BIO.

The “Admit Until Date” on Form I-94 determines how long a nonimmigrant is allowed to stay in the United States.

Since 1991 for F students and 1993 for J exchange visitors, those entering the United States in F or J status have been admitted for “duration of status”, which has been the period of time they are maintaining their status and engaging in their program activities as listed on their Form I-20 or Form DS-2019.

Upon implementation of this rule, students and scholars who enter the United States will have a fixed “admit until date” on their Form I-94. Students and scholars will need to depart the United States by their “admit until date” unless they have filed an application to extend or change their status.

No, the U.S. entry visa does not determine how long an international visitor can remain in the United States. A visa allows a nonimmigrant to travel to a U.S. port-of-entry (airport, for example) and present themselves to a U.S. Immigration Inspector. The Inspector will ask some questions about their intent for coming to the United States and check to make sure that the nonimmigrant has an appropriate visa. If admitted to the U.S., an I-94 Arrival/Departure Record will be created. This indicates which nonimmigrant status they have been admitted to and the amount of time they are allowed to stay.

Yes. For those in the U.S. on the effective date of implementation, September 15th, 2026, the end date of their status will be converted to a fixed end date. This end date will correspond with the duration of their exchange visitor program as stated on the Form DS-2019, for a maximum period of 4 years, plus an additional 30-day grace period. Their I-94 will not be updated with this information, but it is the scholar’s responsibility to understand the new rule and when their period of stay expires. If the scholar travels internationally, they will then receive an updated I-94 upon re-entry with a fixed end date.

Scholars with programs that end on or before September 15, 2026 who will not be transferring or extending their program do not need to take any action. As before, they can depart within the 30 day grace period after their program end date.

If you return prior to September 15, 2026, you may be admitted for Duration of Status (D/S). Check your I-94 when you return to the U.S. to see if you are admitted for D/S or if there is a fixed “Admit until date”. If you return prior to September 15, 2026 and your “Admit until date” has a date rather than “D/S” please contact BIO at jscholar@berkeley.edu and provide a copy of your Form I-94 and J visa stamp.

If you return prior to September 15, 2026, the end date of your status will be converted to a fixed end date on September 15, 2026. If you extend or transfer and extend your program you will need to follow additional procedures.