If you are an international student, exchange visitor, or HR professional, a final rule from the Department of Homeland Security will become effective September 15, 2026, and significantly change how international students and certain visa holders manage their time in the United States. Here is what you need to know and why it matters.
The big picture: What’s changing?
Previously, F-1 students, J-1 exchange visitors, and I visa holders (foreign media representatives) were admitted for “duration of status” or “D/S.” This meant they could stay in the United States for as long as they were doing what they came here to do: pursuing their studies, participating in their exchange program, or working for their foreign media employer. No specific end date was provided.
Under the new rule, effective September 15, that changes dramatically. Instead of open-ended stays, F, J, and I nonimmigrants are now admitted for a fixed period of up to four years, or the length of their program, whichever is shorter. If they need more time, they must apply directly to USCIS for an extension of stay.
What about current F, J, and I Visa holders?
The rule includes transition provisions that require careful attention. F and J nonimmigrants who were lawfully in the U.S. when the rule takes effect are allowed to remain until their program end date (as shown on their I-20 or DS-2019), not to exceed four years from the rule’s effective date, plus the applicable departure period (60 days for F students during the transition, 30 days for J visitors).
Anyone with a program end date beyond that four-year window must apply for an extension before their time runs out. Critically, even if your current I-94 shows “D/S,” you will need to calculate your new end date under this rule. Students, DSOs, and employers will all need to determine and track each individual’s situation carefully.
For I visa holders, the transition period is up to 240 days from the effective date to continue activities, with the option to apply for extensions.
Key Takeaways for Students
1. Calculate your end date
Going forward, your I-94 will show a specific date instead of the traditional “D/S.” For most programs, this is your program end date on your I-20 or DS-2019, capped at four years. Even if your current I-94 says “D/S,” that designation will no longer apply after the rule takes effect. Those admitted after September 15, 2026, will have a specific end date on their I-94, which they must track carefully.
2. File your extension on time
If your program takes longer than expected, whether due to a change in major, academic challenges, or pursuing an advanced degree, you will need to file an Extension of Stay application with USCIS. Your Designated School Official (DSO) can still recommend a program extension, but that alone is no longer enough. You must file for an extension of status before your authorized period of stay expires to continue maintaining status.
3. Watch out for unlawful presence
Previously, students admitted for D/S did not accrue “unlawful presence” unless USCIS or an immigration judge formally notified them of a status violation. Under the new framework, if your fixed admission period expires without you taking action to extend, you will begin to accrue unlawful presence immediately. This is a critical change. Accruing unlawful presence can trigger 3-year or 10-year bars to permanent residence or returning to the United States in a temporary status without a waiver.
4. Know your grace period
The rule reduces the “grace period” for F-1 students to prepare for departure from 60 days to 30 days after completing a program or OPT. This means you have less time to wrap things up or file for a change of status if you are pursuing other options. However, students who were lawfully in the U.S. when the rule took effect will retain the 60-day grace period during the transition period.
5. Restrictions on changing programs
The rule includes several new restrictions that affect your flexibility.
- Students are generally required to complete their first academic year at their initial school before transferring.
- Graduate students are prohibited from changing programs or educational objectives at any point during their program. Graduate students are also prohibited from transferring, unless SEVP authorizes an exception for extenuating circumstances such as school closure or prolonged inability to hold classes due to a natural disaster.
- Students who complete one degree level can only pursue a higher level, not a second degree at the same level, while in F-1 status.
6. English language training is capped at 24 months
For those enrolled in English language training programs, the rule limits your total study time to an aggregate of 24 months, including breaks and vacations.
Key Takeaways for Employers and HR Professionals
1. You may need to file an extension at the end of your program
F-1 students on Optional Practical Training (OPT) or STEM OPT extensions are also subject to the new fixed admission framework. However:
- F-1 students who timely file for post-completion OPT or STEM OPT before March 17, 2027, are not required to file a separate Extension of Stay application; only the Form I-765 employment authorization application is needed.
- The existing 180-day automatic extension of OPT employment authorization while a STEM OPT extension application is pending remains in place.
- The “cap-gap” provisions that allow continued work authorization while an H-1B petition is pending remain in place.
2. On-campus employment and CPT have an automatic 240-day work authorization extension while the extension is pending
If an F-1 or J-1 worker timely files an extension, they can generally continue their on-campus employment, CPT, or severe economic hardship employment for up to 240 days while the extension is pending. This is designed to prevent disruption due to USCIS processing delays.
However, once that 240-day period runs out, if USCIS still has not adjudicated the application, the employee would need to stop working until approval is received. Premium processing is not currently available for Form I-539 extension applications, but USCIS has indicated it will continue to explore expanding premium processing for affected populations. In the meantime, applicants may request expedited processing on a case-by-case basis.
3. Student status as a bridge strategy may be less viable
The new restrictions on changing programs and pursuing degrees at the same or lower level may make F-1 status less viable as a bridge for those who were not selected in the H-1B lottery or as a placeholder during transitions. Students who have completed a degree at one educational level can no longer pursue another degree at the same or lower level in F-1 status. The prohibition on graduate students changing programs or transferring (absent extenuating circumstances) further limits flexibility. Students and employers should plan accordingly and consider other visa options for transitions.
