DHS has issued a final rule that replaces duration of status, or D/S, for F-1 students and J-1 exchange visitors with fixed admission periods. Effective September 15, 2026, F-1 and J-1 nonimmigrants will generally be admitted for the length of the program listed on the Form I-20 or Form DS-2019, up to a maximum of four years, with limited pre-start and post-end periods. If additional time is needed, an extension of stay with USCIS may be required.
For employers, the biggest practical change is that the Form I-94 end date now becomes a critical status-tracking date. A valid EAD, Form I-20, or Form DS-2019 may no longer be enough by itself if the employee’s authorized admission period is ending. Employers with F-1 workers on OPT, STEM OPT, or CPT, and J-1 exchange visitors with work authorization, should review how they identify and track these populations well before expiration dates approach.
The rule also includes transition provisions for certain F-1 and J-1 nonimmigrants who are already in the United States and maintaining status on the rule’s effective date. That means not every current F-1 or J-1 holder will need an immediate USCIS filing as soon as the rule takes effect. At the same time, this is a meaningful shift away from the prior D/S framework, and future planning will become much more date-driven.
There is still more to come on implementation. Agencies will need to roll out additional operational guidance on admissions, systems updates, and extension procedures. For now, employers should focus on early identification, I-94 tracking, and advance planning for any worker who may need additional time beyond the initial admission period.
Disclaimer: This information is not intended as legal advice in any specific case. The facts of a specific case may render the information inapplicable.
Claire Pratt © Jewell Stewart Pratt Beckerson & Carr PC 2026
