DHS Ends Duration of Status for F-1 and J-1 Visas: What Students Need to Know

DHS Ends Duration of Status for F-1 and J-1 Visas: What Students Need to Know

The Department of Homeland Security (DHS) is set to implement a significant change to how F-1 student visas and J-1 exchange visitor visas are managed. This new rule, which replaces the long-standing “duration of status” (D/S) system, will assign fixed expiration dates to the I-94 arrival record for these visa holders. This shift means a fundamental change in how students and exchange visitors track their lawful stay in the United States, moving from an open-ended system to one with defined end dates. The change is expected to take effect 60 days after its publication in the Federal Register, with an estimated start date in the fall of 2026.

For decades, F-1 and J-1 visa holders have been admitted under “duration of status,” meaning their lawful presence in the U.S. was tied to maintaining their student or exchange visitor status. This typically involved full-time enrollment and adherence to program requirements, with no specific end date on their I-94. The Designated School Official (DSO) at their educational institution would manage updates within the Student and Exchange Visitor Information System (SEVIS). The new rule, however, introduces a fixed admission period, generally capped at four years, requiring a formal application process for any extensions.

Understanding the Shift from Duration of Status to Fixed-Stay

The “duration of status” system has been a cornerstone of U.S. student immigration policy since the 1950s. Under this framework, F-1 students were admitted for as long as they maintained their academic program and complied with SEVIS regulations. Their I-94 record would simply state “D/S.” This allowed for flexibility, enabling students to complete multi-year programs, including undergraduate and graduate studies, without needing to file extension petitions with U.S. Citizenship and Immigration Services (USCIS) for every academic year. The DSO’s role was central, handling administrative updates and ensuring students remained in compliance.

The proposed fixed-stay rule fundamentally alters this. Instead of an open-ended admission, F-1 and J-1 nonimmigrants will receive a specific expiration date on their I-94. This date will generally be tied to the program end date indicated on their Form I-20 (for F-1 students) or DS-2019 (for J-1 exchange visitors), but it will be capped. For most F-1 and J-1 students, this cap is set at four years. Students in English language or foreign language training programs will face a stricter limit of 24 months, including any vacation periods. This change means that students pursuing longer academic programs, such as doctoral degrees that may extend beyond four years, will need to proactively seek an extension of their stay.

Key Changes Introduced by the Fixed-Stay Rule

The implementation of the fixed-stay rule brings several significant alterations to the student and exchange visitor experience in the United States. These changes affect admission periods, the process for extensions, grace periods, and the accrual of unlawful presence.

Fixed Admission Periods and Extension Requirements

Under the new system, F-1 and J-1 visa holders will have a maximum admission period, typically four years. If a student’s program extends beyond this period, they must file Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS before their I-94 expires. This application comes with a filing fee, currently set at $470, and requires a biometrics appointment. This process shifts the responsibility for extending legal status from the DSO to the student and USCIS, introducing a more formal and potentially time-consuming procedure.

Reduced Grace Period for F-1 Students

The post-completion grace period for F-1 students will be reduced from 60 days to 30 days. This means that after finishing their program, F-1 students will have only 30 days to depart the U.S., apply for Optional Practical Training (OPT), change to another nonimmigrant status, or transfer to a new school. J-1 exchange visitors already have a 30-day grace period, so this aspect of the rule does not change for them. This shorter window requires students to plan their post-graduation activities with greater urgency.

Accrual of Unlawful Presence

One of the most critical changes concerns the accrual of unlawful presence. Currently, F-1 and J-1 students do not begin accruing unlawful presence until USCIS or an immigration judge makes a formal finding that they have violated their status. Under the fixed-stay rule, unlawful presence will begin to accrue automatically the day after the I-94 expiration date if an extension has not been timely filed. Overstaying for 180 days or more can result in a three-year bar from re-entering the United States, while overstaying for one year or more can lead to a ten-year bar. This makes timely filing of extensions absolutely essential to avoid severe immigration penalties.

Program Change Restrictions

The rule also introduces stricter limitations on changing academic programs. Undergraduate F-1 students will be prohibited from changing their degree program, major, or educational level within their first year. Graduate students will face a complete ban on changing their program at any point during their studies. Furthermore, students completing one F-1 program and wishing to pursue another at the same or a lower educational level will not be permitted to obtain new F-1 status for that purpose. Movement is only allowed to a higher educational level, such as progressing from a master’s degree to a doctorate.

Navigating the New Extension Process

The shift to a fixed-stay system means that students and exchange visitors must become familiar with the Form I-539 process for extending their stay. This application requires careful attention to detail and timely submission. USCIS processing times for Form I-539 can be lengthy, and the rule allows for an extension of on-campus employment authorization for up to 240 days for F-1 students with a timely filed, pending extension application. However, this protection is contingent on filing before the I-94 expires.

If a Form I-539 extension is denied, unlawful presence begins to accrue immediately after the denial. The consequences of overstaying are significant, as mentioned, potentially leading to long-term bars from the United States. This underscores the importance of consulting with a Designated School Official (DSO) or an immigration attorney well in advance of any I-94 expiration date to ensure all necessary steps are taken.

Effective Date and Transition Provisions

The final rule is expected to take effect 60 days after its publication in the Federal Register. While the exact publication date is not yet set, it is anticipated to be in the summer of 2026, making the effective date in the fall of 2026. This timing means that new F-1 and J-1 entrants beginning their programs in the fall 2026 term will likely be subject to the new rules.

A key question remains regarding how the rule will apply to current F-1 and J-1 students already in the U.S. under the duration of status system. The proposed rule text did not explicitly address transition provisions for existing students. Immigration advocates and universities have urged DHS to include a grandfather clause to allow current students to complete their programs under the existing D/S framework. The final rule’s text will contain the definitive transition provisions that will clarify this critical aspect.

What Students Should Do Now

While the rule is not yet in effect, students and exchange visitors can take proactive steps to prepare. It is advisable to track program end dates on I-20s and DS-2019s, especially for programs extending beyond four years. Understanding the Form I-539 timeline and the potential USCIS processing times is also crucial. Consulting with a DSO or an immigration attorney can provide personalized guidance, particularly for those with complex academic or immigration situations. It is important not to make any hasty decisions, such as shortening programs, based on speculation before the final rule is published and its transition provisions are clear.