Key Provisions of the DHS Final Rule

On July 17, 2026, the U.S. Department of Homeland Security (DHS) published its 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." The regulation fundamentally changes the admission and maintenance of status requirements for F, J, and I nonimmigrants by replacing the long-standing Duration of Status (D/S) framework with fixed periods of admission and a new Extension of Stay process administered by U.S. Citizenship and Immigration Services (USCIS).

The Final Rule is scheduled to become effective on September 15, 2026, subject to the Congressional Review Act.

Who Is Affected?

The Final Rule applies to:
- F-1 and F-2 academic students and their dependents;
- J-1 and J-2 exchange visitors and their dependents; and
- I representatives of foreign information media and their qualifying family members.

The regulation affects both individuals applying for admission to the United States after the effective date and, through transition provisions, many nonimmigrants who are already maintaining lawful F, J, or I status.

Effective Date

The rule was published in the Federal Register on July 17, 2026.

Unless delayed under the Congressional Review Act, the regulation becomes effective on September 15, 2026. Beginning on that date, newly admitted F, J, and I nonimmigrants will generally be admitted under the new fixed-period admission system rather than under the Duration of Status (D/S) framework.

Fixed Periods of Admission

One of the most significant changes introduced by the Final Rule is the elimination of Duration of Status (D/S) for newly admitted F, J, and I nonimmigrants. Beginning September 15, 2026, newly admitted individuals in these classifications will generally receive an admit-until date on their Form I-94 instead of being admitted for an indefinite period tied to their immigration status.

F-1 Students and J-1 Exchange Visitors

Under the new rule, F and J nonimmigrants are no longer admitted for Duration of Status (D/S). Instead, they will generally be admitted for the length of the academic or exchange program shown on Form I-20 or Form DS-2019, up to a maximum of four years. DHS emphasizes that the rule does not automatically grant a four-year admission. Rather, the authorized period of admission corresponds to the actual program length, not exceeding four years.
For example:
- A student admitted to a two-year Master's program will generally receive a two-year period of admission, not four years.
- A student enrolled in a five-year doctoral program will generally receive an initial admission limited to four years and, if additional time is needed to complete the program, must request an Extension of Stay (EOS) from USCIS before the authorized period expires.
- Likewise, a J-1 exchange visitor participating in a 12-month exchange program will generally be admitted for 12 months, while participation in a longer exchange program may result in an initial admission of up to four years, depending on the approved program length.

In addition to the authorized program period, F and J nonimmigrants generally receive:
- 30 days before the program start date to enter the United States; and
- 30 days after successful completion of the program to prepare for departure, change status, or timely apply for an Extension of Stay where permitted.

I Representatives of Foreign Information Media

Representatives of foreign information media admitted in I status will generally receive a period of admission sufficient to complete their assignment, not to exceed 240 days. For passport holders from the People's Republic of China (excluding Hong Kong and Macau Special Administrative Regions), the maximum initial admission period is generally 90 days. If additional time is required beyond the authorized admission period, I nonimmigrants must generally apply to USCIS for an Extension of Stay before their current period of admission expires.

Extension of Stay (EOS)

Unlike the previous D/S system, remaining in the United States beyond the authorized admission period will generally require approval from USCIS. Individuals seeking additional time must file Form I-539, Application to Extend/Change Nonimmigrant Status, before their current period of admission expires.
USCIS may require:
- biometrics (fingerprints and photographs);
- security and background checks;
- evidence that the applicant has continuously maintained lawful status; and
-documentation demonstrating continued eligibility for the requested classification.

Additional Requirements

F-1 students must establish compelling academic reasons, documented medical circumstances, or circumstances beyond their control that justify additional study. Academic probation, repeated course failures, or poor academic performance generally do not qualify. J-1 exchange visitors generally must first obtain approval from both their designated sponsor and the U.S. Department of State before submitting an Extension of Stay request to USCIS.

Transition Rules for Current F, J, and I Nonimmigrants

To reduce disruption for individuals already present in the United States, DHS created transition provisions for those maintaining valid Duration of Status (D/S) on September 15, 2026. F and J Nonimmigrants Individuals who are maintaining lawful status on the effective date may generally continue under the existing D/S framework until:
- completion of their current academic or exchange program; or
- September 15, 2030, whichever occurs first.

I Nonimmigrants

Current I nonimmigrants may generally remain for the time reasonably necessary to complete their assignment, subject to the transition limits established by the Final Rule.
The transition period generally expires:
- May 13, 2027 (240-day transition); or
- December 14, 2026 for certain passport holders from the People's Republic of China.
Individuals who depart the United States and are readmitted after the effective date will generally become subject to the new fixed-admission system.

New Restrictions for F-1 Students

The Final Rule significantly changes the educational flexibility previously available to F-1 students. Among the most important changes are:

Educational Progression

Students who complete a degree program generally may not enroll in another program at the same or a lower educational level solely to maintain F-1 status. For example, a student completing a Master's degree generally may not begin another Master's program without qualifying for an exception. Educational progression is expected to move to a higher academic level, such as a doctoral program.

Transfers and Changes in Educational Objectives

The rule places new limitations on school transfers and changes of educational objectives.
- Undergraduate students generally may not transfer schools or change educational objectives during their first academic year without SEVP approval for extenuating circumstances.
- Graduate students generally may not change educational objectives or transfer institutions during their academic program unless an exception is approved.

English Language Programs

Study in English Language Training (ELT) programs is generally limited to an aggregate maximum of 24 months.

Grace Period

The traditional 60-day grace period following completion of an F-1 program is reduced to 30 days.

Optional Practical Training (OPT)

Students requesting Optional Practical Training must also select an OPT start date within a 30-day window following program completion instead of the previous 60-day period.

Employment Authorization During a Pending Extension of Stay

Recognizing that Extension of Stay applications may require significant processing time, DHS created limited protections against interruptions in authorized employment. Provided an Extension of Stay application is timely filed, certain employment authorizations may continue automatically for up to 240 days while USCIS adjudicates the application.
This protection generally applies to:
- authorized on-campus employment;
- Curricular Practical Training (CPT);
- employment based on severe economic hardship; and
- employment authorization available to certain J-1 exchange visitors.
The Final Rule also establishes temporary transition provisions for certain J-1 exchange visitors immediately following implementation.

Why DHS Adopted the Rule

According to DHS, the Final Rule is intended to strengthen oversight of nonimmigrant admissions by replacing the open-ended Duration of Status system with clearly defined periods of authorized stay.
DHS states that the rule is designed to:
- improve national security screening;
- reduce immigration fraud and abuse;
- prevent misuse of student and exchange visitor classifications;
- establish regular government review of continued eligibility;
- improve compliance with immigration laws; and
- reduce unlawful overstays by establishing fixed admission expiration dates.

Public Comments and DHS Response

During the rulemaking process, DHS received nearly 22,000 public comments from universities, educational institutions, healthcare organizations, businesses, professional associations, immigration attorneys, students, exchange visitors, journalists, and members of the public.
Commenters raised concerns that the proposal could:
- discourage international students from studying in the United States;
- reduce university enrollment and research opportunities;
- increase administrative burdens for USCIS and educational institutions;
- create significant filing costs and processing delays;
- restrict academic flexibility;
- negatively affect J-1 physician programs serving medically underserved communities;
- impose additional burdens on foreign journalists; and
- reduce the international competitiveness of American higher education.
In the Final Rule, DHS acknowledged many of these concerns and revised several provisions, including certain transition rules, implementation timelines, cost estimates, and limited exceptions for extenuating circumstances. However, DHS concluded that the anticipated benefits to national security, immigration enforcement, and fraud prevention outweigh the projected economic and administrative costs.

Key Dates

July 17, 2026 - Final Rule published in the Federal Register.
September 15, 2026 - Rule scheduled to become effective.
December 14, 2026 - Transition period ends for certain PRC passport holders in I status.
March 18, 2027 - Important OPT/STEM OPT transition deadline for certain F-1 students.
May 13, 2027 - General transition period ends for certain I nonimmigrants.
September 14, 2028 - Expiration of DHS's temporary authority to delay certain educational restrictions.
September 15, 2030 - End of the principal transition period for many F and J nonimmigrants previously admitted under Duration of Status (D/S).

Disclaimer: This summary provides general information about the DHS Final Rule and is intended for educational purposes only. It does not constitute legal advice. Individuals affected by these changes should consult the official regulation or seek legal advice regarding their specific circumstances.