Department of Homeland Security Ends Longstanding “Duration of Status” for F, J, and Certain I Nonimmigrants Effective September 15, 2026
Summary of Changes
In a significant regulatory shift, the Department of Homeland Security (DHS) has issued a final rule eliminating “Duration of Status” (D/S) for F-1 students, J-1 exchange visitors, and most I visa media representatives. Under the new rule, F-1 students and J-1 exchange visitors will be admitted for fixed periods of stay, generally limited to the program end date shown on the Form I-20 or Form DS-2019, not to exceed four years, plus authorized pre-arrival and post-completion periods. Most I nonimmigrants will be admitted for 240 days, while individuals holding passports from the People’s Republic of China will be limited to 90 days. The rule is effective September 15, 2026.
Importantly, SEVIS program extensions will no longer automatically extend F-1 or J-1 nonimmigrant status. Instead, a timely filed and approved extension request with USCIS will generally be required to maintain lawful status. As a result, the Form I-94, not merely the program end date shown in a SEVIS record, will be the deadline for maintaining lawful nonimmigrant status. Impacted individuals should carefully review their I-94 expiration dates after any admission or approval on or after September 15, 2026.
Additionally, DHS has shortened the program completion grace period for F-1 students from 60 days to 30 days, aligning it with the existing J-1 departure period. This reduced timeframe provides less flexibility for F-1 students to seek a change in nonimmigrant status, pursue a new academic program, or plan their departure from the United States.
Impact on Family Unit Filings
The new rule also impacts nonimmigrant extension applications that include dependent family members. Under the new rule, all family members included in an extension filing will receive an approval period only through the shortest approvable period available to any member of the family. This eliminates the prior practice of approving dependent family members’ extension applications, with limited exceptions, to the end date of the principal nonimmigrant’s underlying program or employment status.
For example, if a dependent family member has a passport that expires before the period of admission requested in an extension application, all members of the family unit will have their status limited to that family member’s passport expiration date. Previously, only the family member with the early passport expiration date would receive the shortened approval. Consequently, F-1 students and J-1 exchange visitors filing extension applications with dependent family members will be limited to the shorter of four years, the principal’s program end date, or the earliest passport expiration date of any member of the family. Families should therefore confirm passport validity for each dependent before filing an extension request.
Practical Implications and Recommended Actions
This new rule significantly impacts F-1 students, J-1 exchange visitors, and many I visa holders by replacing the flexible duration of status framework with fixed periods of admission. Employers, educational institutions, students, and exchange visitors potentially impacted by this change should consider adopting the following practices:
- Track I-94 expiration dates in addition to Form I-20 and Form DS-2019 program end dates.
- Identify individuals in academic or exchange programs that may exceed four years.
- Educate F-1 students on the shortened 30-day grace period following program completion.
- Review passport validity for principals and all dependent family members before filing extension requests.
If you have questions about how the new rule may affect your organization or immigration status, please contact a member of the Miller Canfield Immigration team at Immigration@millercanfield.com.
