USCIS Final Rule Ends “Duration of Status” for F, J, and I Nonimmigrants
On July 17, 2026, the U.S. Citizenship and Immigration Services (“USCIS”) published a final rule that ends the long‑standing “duration of status” approach for F (students), J (exchange visitors) and I (foreign media) nonimmigrants. Instead, Forms I‑94 for these nonimmigrants will now have a fixed expiration date identifying the date through which admission to the United States is valid.
The final rule includes other changes as well, such as shortening the grace period for F‑1 students to depart the United States after their program end date. These changes are expected to impact employers that hire F‑1 students and J‑1 professionals. The rule will take effect on September 15, 2026, and will include transitional rules that will apply to individuals who are already in the United States.
What is Changing
Historically, most F, J and I nonimmigrants were admitted for “duration of status,” or “D/S,” meaning that their Form I‑94 did not list a specific “Admit Until” date. Under the new rule, these individuals will receive a specific expiration date on their Form I-94. The new admission periods for each classification starting on September 15, 2026 will be as follows:
- F‑1 students and dependents will generally be admitted for up to the length of the academic program listed on the Form I-20, not to exceed four years. The existing 60-day grace period after the program ends for F-1 nonimmigrants will be shortened to 30 days;
- J‑1 exchange visitors and dependents will generally be admitted for up to the length of the program listed on the Form DS‑2019, not to exceed four years, with a 30‑day grace period after the program ends; and
- I nonimmigrants and dependents will generally be admitted for the time needed to complete the assignment, not to exceed 240 days. Individuals with passports issued by the People’s Republic of China will be admitted for a period not to exceed 90 days.
F, J or I nonimmigrants seeking to remain in the United States beyond the Form I‑94 expiration date will either need to apply for an extension of their stay with the USCIS or leave the United States and return, requesting a new admission period at the port of entry.
Impact on Current F, J and I Nonimmigrants
The USCIS has provided a transitional rule for individuals who are in the United States in valid F, J or I status and are maintaining status when the rule takes effect on September 15, 2026. These individuals will be permitted to remain in the U.S. for the following periods, unless they take further action for extensions:
- F‑1 students maintaining their status on September 15, 2026, will be permitted to remain in the United States until the later of (i) the program end date shown on their current Form I‑20 or (ii) the expiration date of their employment authorization document, but in either case not beyond four years from September 15, 2026;
- J‑1 exchange visitors maintaining their status on September 15, 2026, will be permitted to remain in the United States until the program end date shown on their current Form DS‑2019, but not beyond four years from September 15, 2026;
- I nonimmigrants maintaining their status on September 15, 2026, will be permitted to remain in the United States for an additional period of up to 240 days, or up to 90 days for individuals with passports issued by the People’s Republic of China; and
- F‑2, J‑2 and I dependents maintaining their status on September 15, 2026, will be permitted to remain in the United States until the period of stay authorized for the principal F-1, J‑1 and I nonimmigrant.
F‑1 students and their dependents who are maintaining their status on September 15, 2026, will continue to receive the 60‑day grace period to depart after their program end date or end date of post‑completion OPT. The 30‑day grace period for J‑1 exchange visitors is not affected by the new rule.
F‑1 students who were admitted for a “duration of status” and file a timely application for post‑completion OPT employment authorization (including STEM extensions) with the USCIS on or before March 18, 2027 are not required to request an extension of their F-1 status.
What Does This Mean for Employers?
Even though the rule is aimed at nonimmigrants and their program sponsors, employers can reduce disruption by planning for an increase in date-based compliance obligations.
Vorys attorneys are closely tracking the implementation and impact of this final rule. We will provide updates as new information becomes available.
