DHS Policy Update: End of "Duration of Status" (D/S) for F and J Nonimmigrants

Please Note: Implementation of the Final Rule to eliminate Duration of Status (D/S) is on pause following a Preliminary Injunction Order issued by the U.S. District Court for the District of Massachusetts on September 14, 2026. The Final Rule is not effective on September 15, 2026 and is ON HOLD. All information on this page reflects the proposed rule, which is on hold pending further action or resolution by the court.

July 20, 2026

On July 17, 2026, the Department of Homeland Security (DHS) published a final rule in the Federal Register titled “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.”

This rule takes effect on September 15, 2026, and eliminates the long-standing "Duration of Status" (D/S) policy for F-1/F-2 students and J-1/J-2 students and scholars. Instead, nonimmigrants will be admitted for a fixed period of time linked to their Form I-20 or DS-2019 end date (not to exceed 4 years).

Important Note: This is a complex rule that will require substantial review. BIO remains committed to reviewing its implications and will provide ongoing written updates, webinars, and implementation guidance in the coming weeks. Legal challenges may also potentially impact or delay the effective date.

Key Provisions:

Fixed Period of Admission (Max 4 Years)

  • New Arrivals (On or after Sept 15, 2026): F/J students and scholars entering the U.S. will be admitted for the end date on their current I-20/DS-2019 plus 30 days OR up to 4 years plus 30 days, whichever is shorter.
  • Transition for F/Js in the US (In the U.S. on Sept 15, 2026): Current F/J individuals will be transitioned to an authorized stay ending on their current I-20/DS-2019 end date OR up to 4 years (plus 60 days for F status; plus 30 days for J status), whichever is shorter.
  • Programs Longer Than 4 Years: F/J students and scholars can still complete their degree or scholar program if it exceeds 4 years, but will need to apply for a formal Extension of Stay (EOS) with USCIS or extend via international travel and re-entry.

Extension of Stay (EOS) & 240-Day Grace Period

  • Extending status beyond the fixed period will require filing an EOS application with USCIS (which includes filing fees) or traveling internationally and re-entering with a new fixed end date.
  • While an EOS application is pending with USCIS, F/J students  or scholars may continue authorized employment, including on-campus employment, CPT, or J-1 academic training for up to 240 days.

Provisions Specific to F-1 & J-1 Students

  • Reduced F-1 Grace Period: The departure grace period following program completion or post-completion practical training is reduced from 60 days to 30 days for F-1 students.

  • OPT & STEM OPT Applicants: Applying for OPT/STEM OPT will require a simultaneous EOS procedure (either via USCIS or travel/re-entry).

    • Transition Provision: Students who file for OPT/STEM OPT on or before March 18, 2027, can apply for employment authorization without the additional EOS process (provided they do not depart and re-enter the U.S. before filing).

  • School Transfers & Objective Changes (F-1 Students):
    • Requiring that the student complete his or her first academic year of a program of study at the school that initially issued his or her Form I-20 or successor form.
    • Prohibiting F-1 students at the graduate education level or above from changing educational objectives at any point during a program of study.
    • Prohibiting F-1 students at the graduate education level or above from transferring at any point during their program of study, unless an exception is authorized by SEVP for extenuating circumstances.
    • Requiring any student who has completed a program at one educational level to only be allowed to begin another program at a higher educational level as an F-1 student and prohibiting a change to the same or a lower educational level while an F-1 student.\

Provisions Specific to J-1 Scholars

  • Fixed End Date & Extensions: J exchange visitors arriving on or after September 15, 2026, will receive a fixed I-94 end date matching their DS-2019 (up to 4 years).
  • Program Extensions & Transfers: Extending or transferring a scholar program on or after September 15, 2026, will require filing an Extension of Stay application with USCIS (including filing fees) or completing international travel and re-entry.

Additional Information and Resources

This new rule is still undergoing significant review. For the most up-to-date information on impacts, guidance, and resources, visit the Elimination of Duration of Status for F-1/J-1 Students web page and the Elimination of Duration of Status for J Scholars web page. BIO will be continuously monitoring and updating these pages as more information is ready to be shared.