DHS Finalizes Fixed Admission Periods for F, J, and I Nonimmigrants

On July 17, 2026, the Department of Homeland Security (“DHS”) published a final rule replacing the longstanding “duration of status,” or “D/S,” admission system for F students, J exchange visitors, and I representatives of foreign information media with fixed periods of admission. The rule is scheduled to take effect on September 15, 2026.

Under the final rule, F and J nonimmigrants will generally receive an I-94 valid through the program end date listed on Form I-20 or DS-2019, for no more than four years at a time. If the academic program, exchange activity, OPT, STEM OPT, or other authorized activity will continue beyond the I-94 expiration date, the individual may need to obtain an updated Form I-20 or DS-2019 and timely file an Extension of Stay (“EOS”) application with USCIS, currently using Form I-539. Extending the Form I-20 or DS-2019 through the school or program sponsor will no longer, by itself, extend the individual’s lawful period of admission.

F and J nonimmigrants who are properly maintaining status and are present in the United States in D/S status on September 15, 2026 generally will not need to immediately file an EOS application. They may generally remain until the later of the program end date listed on their Form I-20 or DS-2019 or the expiration date of an applicable Employment Authorization Document, although the transition period cannot extend beyond September 15, 2030.

International travel may end the individual’s reliance on the transition rule. After returning to the United States, the individual will generally receive a new I-94 with a fixed expiration date and will become subject to the new EOS requirements. Students and exchange visitors should therefore review the consequences of travel before departing the United States after the rule takes effect.

The rule will require most F-1 students applying for OPT or STEM OPT employment authorization on Form I-765 to concurrently file Form I-539 to extend their underlying F-1 period of admission.

The final rule also introduces significant restrictions affecting academic planning. Undergraduate students generally may not transfer schools or change majors or educational levels during the first academic year, absent an approved exception such as school closure; Graduate students generally may not transfer schools or change educational objectives during their program; Students who complete a program after September 15, 2026 generally may not pursue another program at the same or a lower educational level in F-1 status. Standalone English-language study will be limited to an aggregate of 24 months.

Students should check the expiration date on their Form I-94 after each entry to the United States and begin planning early if their program or employment authorization will continue beyond that date. Those applying for OPT or STEM OPT should confirm whether a separate Form I-539 will also be required. Students should also speak with their DSO before making significant academic changes, such as transferring schools, changing majors, beginning another degree program, or extending their current program. F-2 and J-2 dependents may need to be included in the extension process as well.

The new system will require students, schools, program sponsors, and employers to monitor immigration expiration dates more closely. A missed EOS deadline could interrupt both lawful status and employment authorization.

SW Law Group will continue monitoring congressional review, agency guidance, and any legal challenges affecting the rule.