The Final Rule ending D/s Admissions, Pt 1:Fixed Periods of Admission, Extensions of Stay

DHS published a Final Rule on Friday 07/17/2026 that radically changes the landscape for F-1 students, J-1 Exchange Visitors, and I Foreign Media Representatives.

Once the rule goes into effect on 09/15/2026, F, J & I nonimmigrants will be admitted for a fixed period, instead of for Duration of status (D/s). Since February 2023, F and J nonimmigrants whose programs are extended, changed or go up a level have had their visa status extended through updates to their SEVIS records and issuance of a new Form I-20 or DS-2019 to document their status. Under the Final Rule, updates to SEVIS and a new I-20 or DS-2019 will no longer extend the F or J nonimmigrant’s period of authorized stay; the individual will have to file an extension of status application with USCIS.

F, J & I nonimmigrants who are physically present in the US by 09/15/2026 are covered by transition rules, and will retain their D/s I-94 records; F-1s will retain a 60-day grace period and the ability to file for post-completion optional practical training with only an I-765 application, so long as they do not depart. Those who enter the US or depart and re-enter after that date will receive an I-94 valid until a fixed date:

• the fixed period of admission granted to F-1 students who enter after 09/15/2026 will be the shortest of four years, anticipated educational program end date, or date of passport expiration, EXCEPT
    – the maximum limit on F-1 admission for English language programs will be an aggregate of 24 months (2 years)
  – the maximum limit on F-1 admission for public high school or publicly-funded charter high school will be 12 months (1 year)
  
• the period of fixed admission granted to J-1 exchange visitors who enter after 09/15/2026 will be the shortest of four years, anticipated exchange program end date, or date of passport expiration
  
• the period of fixed admission granted to I foreign media representatives will be for a maximum of 240 days, EXCEPT
  – I foreign media representatives with passports issued by the People’s Republic of China will be granted a period admission for not more than 90 days
  -I foreign media representatives present in the US before 09/15/2026 and covered by transition rules may stay until 5/13/2027, except for PRC passport holders, who must depart by 12/14/2026

This means that F, J & I nonimmigrants will have to think about their I-94s in a way they have not had to before, and will have to understand not only the long-term results of unlawful presence in the 3 & 10 year bars, but the immediate consequence of even a day of overstay voiding their visas under INA 222(g) with the limitation that they can only reapply in their home country.

The Final Rule adds a serious complication that will impact many nonimmigrants in addition to those in F, J & I status, upending longstanding Agency practice: it limits the approvable period of stay for extension of stay requests to the shortest passport validity in the family group applying, and may limit the whole family to a child’s age-out date. It amends the regulation at 8 CFR 214.1(c )(2), which now states, “[e]xtensions granted to members of a family unit must be for the same period of time. The shortest period granted to any member of the family will be granted to all members of the family.”

Individuals with F, J or I visas who are currently abroad should get back to the United States by 09/15/2026 in order to take advantage of transition rules. All individuals who hold F, J or I visas or visa status in the US must get in the habit of tracking their I-94 expiration dates and passport expiration dates, including age-out and passport expiration dates of any accompanying family members, and should plan to file 6 months ahead for any extension of stay applications. Coordinate with Designated School Officials and Responsible Officers to ensure that any program extensions or new programs reported in SEVIS are accompanied by timely-filed extension of stay applications.