For decades, international students and exchange visitors in the United States have enjoyed a flexible system that allowed them to stay as long as they were actively participating in their programs. That system is now changing.
On July 17, 2026, the Department of Homeland Security published a final rule eliminating Duration of Status for F-1 students, J-1 exchange visitors, and I visa holders. The rule is scheduled to take effect on September 15, 2026.
This is one of the most significant changes to the international student and exchange visitor system in decades. Here is what it means and what to do about it.
What Is Duration of Status and Why Does It Matter?
Under the current system, most F-1 and J-1 visa holders are admitted to the United States for the duration of their status, meaning they can legally remain as long as they are complying with the terms of their program. There is no hard expiration date on their I-94 record.
That open-ended system is what this rule eliminates. Going forward, F and J nonimmigrants admitted or readmitted on or after September 15, 2026 will receive a specific expiration date on their I-94, tied to their program end date or four years, whichever is shorter. Once that date passes, they will need to have filed a formal extension of stay with USCIS or depart the country.
What Changes Under the New Rule
Here is a plain-language breakdown of the key changes:
- Fixed admission periods: Instead of duration of status, F and J visa holders will receive a specific admit until date on their I-94. Staying beyond that date without an approved extension means accruing unlawful presence, which can trigger serious immigration consequences including bars on returning to the United States.
- Formal USCIS extensions required: Extending a program will no longer be handled only by a Designated School Official at the university. Students and exchange visitors who need more time will need to file for an extension of their status directly with USCIS, pay a filing fee, complete biometrics, and go through a formal adjudication process. This introduces processing delays, denial risk, and significantly more administrative work.
- Shorter grace period for F-1 students: The current 60-day grace period after completing a program will be cut to 30 days for those admitted under the new system. That is half the time to wrap up affairs, prepare for departure, or file for a change of status.
- Restrictions on changing programs: F-1 undergraduate students will generally not be permitted to transfer schools or change their major during their first year. F-1 graduate students will face even stricter limits, with no ability to change programs or educational objectives at any point during their studies without an approved exception.
- Same-level study restrictions: Students who complete a program in F-1 status after September 15, 2026 will generally not be eligible to pursue another program at the same or a lower educational level in F-1 status.
- English language study cap: Study in English language programs will be capped at 24 months. This is a lifetime total, which means that any time ever spent in F-1 status in an ESL (language) program is included in this time frame.
- Travel triggers the new system: Current duration of status holders who depart and reenter the United States after September 15, 2026 will receive a fixed I-94 expiration date upon reentry. This means travel can move someone into the new system earlier than expected.
What About People Already in the U.S.?
F and J nonimmigrants who are already in the United States maintaining their status as of September 15, 2026 will not immediately receive a new fixed-date I-94. They will generally be able to remain until the later of their EAD expiration date or their program end date on their I-20 or DS-2019. However, this transition protection has limits and does not extend beyond September 2030.
What This Means for Employers
For hospitals, universities, research institutions, and any employer that hires F-1 or J-1 visa holders, the operational implications are significant.
Under the current system, employers primarily tracked EAD expiration dates and program end dates. Under the new rule, the I-94 expiration date becomes equally critical, and it may not align with those other documents.
Here is what employers should be doing now:
- Identify all employees and program participants currently in F, J, or I status
- Begin tracking I-94 expiration dates alongside program and employment authorization documents
- Anticipate that employees in long-term academic programs, medical residencies, research appointments, and doctoral programs are at higher risk of needing USCIS extension filings
- Update offer letters to avoid implying that work authorization or extension approval is guaranteed
- Train HR, recruiting, and mobility teams on the new requirements
- Coordinate with schools, program sponsors, and immigration counsel early
J-1 physicians and researchers hosted at hospitals and academic institutions deserve particular attention. Fixed admission periods and potential USCIS extension filings will add complexity to already demanding program management.
The Bigger Picture
This rule is part of a broader effort by the current administration to tighten the international student and exchange visitor system. It introduces significant new compliance costs and administrative burdens for students, scholars, universities, and employers alike.
That said, the United States remains a destination for global talent, and pathways for international students and exchange visitors still exist. The key is understanding the new rules well before they take effect and planning ahead.
We Are Here
At Garvish Immigration Law Group, we are closely monitoring this rule and its impact on our clients. If you have employees or program participants in F or J status, or if you have questions about how this change affects your organization, we are here to help you prepare.