New Fixed Stay Rules for F-1 Students, J-1 Exchange Visitors, and I Visa Holders: What Changes on September 15, 2026

New Fixed Stay Rules for F-1 Students, J-1 Exchange Visitors, and I Visa Holders: What Changes on September 15, 2026

Updated September 11, 2026

For decades, most international students and exchange visitors entering the United States did not receive a fixed expiration date on their Form I-94. Instead, their I-94 usually showed “D/S,” meaning “duration of status.” That system allowed a person to remain in the United States while properly pursuing an authorized course of study, exchange program, or practical training and complying with the rules of the visa category.

That framework is scheduled to change dramatically on September 15, 2026.

The Department of Homeland Security has published a final rule replacing duration-of-status admission with a specific authorized period for people in F, J, and I nonimmigrant classifications. In most F-1 and J-1 cases, the period will be tied to the program end date shown on Form I-20 or Form DS-2019, but it generally cannot exceed four years at a time. Foreign media representatives in I status will generally receive a much shorter fixed admission period.

This is not merely a change in paperwork. It changes how students, exchange visitors, foreign journalists, their families, schools, and program sponsors must think about lawful presence in the United States. A person may still be enrolled in school, conducting research, or participating in an exchange program—and yet face a serious immigration problem if the date on the I-94 expires and the required extension was not timely filed.

A federal lawsuit seeks to stop the rule. As of the date of this article, however, students and institutions should prepare for implementation on September 15 unless a court or the government changes that date.

What Did “Duration of Status” Mean?

Under the longstanding D/S system, an F-1 student was generally admitted for the time needed to complete an authorized full course of study, any authorized practical training, and the applicable departure period. A J-1 exchange visitor was generally admitted for the authorized exchange program and departure period. Most I visa holders—representatives of foreign information media—were also admitted without a fixed end date while continuing their qualifying work.

The immigration document mattered greatly. For an F-1 student, that document was usually Form I-20. For a J-1 visitor, it was Form DS-2019. But the I-94 itself ordinarily did not create a calendar deadline.

Beginning September 15, 2026, DHS intends to replace D/S with a date-certain system. The most important document to check after entry will therefore be the electronic Form I-94. The visa stamp in a passport controls whether a person may request admission at the border; it does not necessarily control how long the person may remain after admission. The I-94 “admit until” date is the critical date.

Who Is Covered by the New Rule?

The final rule covers:

• F-1 academic students and F-2 dependents;
• J-1 exchange visitors and J-2 dependents; and
• I visa representatives of foreign information media and their dependents.

The rule does not apply only to college students. Depending on the classification and program, it may affect children attending school, English-language students, university and graduate students, scholars, researchers, trainees, interns, physicians in exchange programs, au pairs, professors, and foreign media professionals.

The New Four-Year Admission Framework

For a person admitted in F or J status on or after September 15, 2026, the authorized period will generally end on the program end date reflected in the immigration document, subject to a maximum admission period of four years, plus the applicable departure period.

The four-year limit does not mean that every degree must be completed in four years. A Ph.D. student, medical researcher, or other participant in a longer program may be able to continue. But if the initial fixed admission period is not long enough, the person will generally need to obtain an extension of stay from USCIS or depart and seek a new period of admission upon returning to the United States.

That distinction is extremely important. A school official’s extension of the program date in SEVIS or issuance of a new I-20 may no longer be enough by itself to extend the student’s immigration stay. The student may also need a timely USCIS filing.

For I nonimmigrants, the rule generally provides admission for the time needed to complete the qualifying media assignment, but not more than 240 days at a time. Certain I visa holders from the People’s Republic of China remain subject to separate, shorter rules. An I visa holder who needs more time may have to apply for an extension of stay.

The F-1 Grace Period Is Reduced to 30 Days

Under the prior framework, an F-1 student who completed a program or authorized post-completion practical training generally had a 60-day period to depart, transfer, begin a new qualifying program, or take another permitted step.

For students admitted under the new fixed-period rules, that departure period is reduced to 30 days. J-1 exchange visitors generally continue to receive a 30-day departure period.

The transition rule is different for certain F-1 students who are already in the United States in valid D/S status on September 15. Those students may retain a 60-day departure period under the transition provisions. This is one reason a student should not assume that a friend’s deadline applies to them. The correct calculation depends on the person’s status on the effective date, program documents, EAD, travel, and most recent I-94.

If a program or training period ends early, the final rule generally requires the F-1 student—and eligible dependents—to leave or take appropriate action to maintain lawful status within 30 days of the revised end date.

Transition Rules for People Already in the United States on September 15

The final rule does not simply give every existing D/S holder the same November 2030 deadline.

An F or J nonimmigrant who is properly maintaining D/S status on September 15, 2026, is generally authorized to remain until the later of the expiration date on a valid Employment Authorization Document or the program end date on the I-20 or DS-2019, subject to the rule’s four-year transition cap.

For F nonimmigrants, the outside transition date, including the 60-day departure period, is generally November 14, 2030. For J nonimmigrants, the corresponding outside date, including the 30-day departure period, is generally October 15, 2030. The actual deadline may be much earlier if the controlling program or employment authorization ends earlier.

Only people properly maintaining status on September 15 qualify for these transition protections. Someone whose SEVIS record was already terminated, whose program and departure period already ended, or who otherwise violated status should not assume that the final rule cures the problem.

Travel Can Change the Entire Analysis

A person protected by the transition provisions must be especially careful about international travel. If an existing D/S holder leaves the United States after September 15 and is readmitted, CBP will generally issue a new I-94 with a specific expiration date under the new system.

Before traveling, the student or exchange visitor should review:

• the passport expiration date;
• the visa validity and whether a new visa will be required;
• the current I-20 or DS-2019 and travel endorsement;
• SEVIS status;
• pending Form I-539 or Form I-765 applications;
• eligibility to resume study or employment after return; and
• the effect of a new fixed I-94 date on the program, OPT, STEM OPT, or dependent family members.

Departure may also cause a pending change-of-status application to be treated as abandoned. Travel while an extension or employment application is pending can create additional complications. Do not buy a ticket based solely on a general online explanation.

Extensions of Stay Through USCIS

If the I-94 does not provide enough time to finish the program or authorized activity, an F, J, or I nonimmigrant will generally need to file a timely extension-of-stay application with USCIS, normally using Form I-539 or its successor, with the required evidence and fee.

The final rule allows an F-1 student to request additional time when the current I-20 shows that more time remains in the program, or when the delay is supported by compelling academic reasons, a documented illness or medical condition, or exceptional circumstances beyond the student’s control. Conflict, disaster, emergencies, and other significant hardship may be relevant. A letter from an adviser, dean, designated school official, physician, or another qualified source may become essential evidence.

Repeated failure to complete coursework, prolonged lack of academic progress, academic probation, or suspension will not automatically establish a valid reason for an extension. USCIS will make an individual decision, and a new I-20 alone does not guarantee approval.

An extension may generally be filed up to 180 days before the I-94 expiration date. Filing early is prudent because USCIS processing may take time and a request for evidence can add delay.

A timely filed extension allows the applicant to remain in a period of authorized stay while USCIS decides the application, and unlawful presence generally does not accrue merely because the I-94 expired during that pending period. F-1 students with timely filed extension applications may continue a full course of study while the case is pending. Employment rules are more complicated: permission to remain is not automatically permission to work.

If USCIS denies the extension after the I-94 has expired, the person may be required to stop the covered activity and depart immediately. The effect on employment, status, unlawful presence, and future visa applications should be assessed promptly.

OPT and STEM OPT: A Special Six-Month Transition

The final rule creates temporary relief for certain F-1 students applying for post-completion Optional Practical Training or a STEM OPT extension.

An eligible D/S student who timely files Form I-765 for post-completion OPT or STEM OPT on or before March 18, 2027, generally will not also need to file Form I-539 for the requested OPT period. If USCIS approves the employment authorization, the student will be authorized to remain through the EAD expiration date plus the applicable 60-day transition departure period.

This exception is limited. A student who departs and is readmitted with a fixed admission period before filing may need both Form I-765 and Form I-539. For filings after March 18, 2027, both forms may be required unless DHS extends the temporary exemption.

The familiar 180-day automatic employment extension for an eligible, timely filed STEM OPT application remains in place. But a pending extension of stay does not automatically extend ordinary post-completion OPT work authorization. Students must distinguish among three separate questions: permission to remain, permission to study, and permission to work.

New Limits on Transfers, Majors, and Academic Progression

The final rule also changes academic mobility for F-1 students.

Students below the graduate level generally may not transfer schools or change their educational objective—meaning their major or educational level—during the first academic year at the school that issued the initial I-20. SEVP may authorize an exception for extenuating circumstances, such as a school closure, a prolonged inability to conduct in-person classes because of a natural disaster, or another qualifying cause.

Students in graduate-level programs generally may not change their educational objectives during the program. Transfers at the graduate level are also restricted, although SEVP may permit an exception for extenuating circumstances.

After completing a U.S. program at one educational level after September 15, 2026, an F-1 student generally may continue in F-1 status only through a program at a higher educational level—not another program at the same or a lower level. Programs completed before the rule’s effective date generally do not count toward this prospective restriction.

The rule authorizes DHS to delay or suspend implementation of some academic-mobility restrictions if necessary for system readiness. Students must therefore check current SEVP announcements before relying on a transfer or program change.

English-Language Training Is Limited

F-1 students in language-training programs will generally be limited to an aggregate of 24 months, including breaks and annual vacations. This is not necessarily 24 uninterrupted months at one school. Prior covered language study may matter, and moving between language schools will not necessarily restart the clock.

Anyone approaching this limit should examine the SEVIS record and educational history before planning a transfer, extension, or change to a new program.

What Happens to F-2 and J-2 Family Members?

The status of an F-2 or J-2 dependent is generally tied to that of the principal F-1 student or J-1 exchange visitor. A dependent’s I-94, however, must still be reviewed independently. When the principal files an extension, family members may also need to be included in or file the proper extension request.

Families should not assume that approval of the principal’s new I-20, DS-2019, OPT, or program extension automatically updates every dependent’s I-94. J-2 employment authorization presents another trap: a J-2 dependent generally may not continue working merely because an extension application is pending after the EAD expires.

Why the Fixed I-94 Date Is So Dangerous

Under the new framework, a person who remains after the fixed authorized period can begin accruing unlawful presence without the type of later status-violation finding that was often necessary under D/S.

More than 180 days of unlawful presence followed by departure can trigger a three-year inadmissibility bar. One year or more followed by departure can trigger a ten-year bar. Unlawful presence can also complicate a future visa, admission, change of status, or green card strategy even before a statutory bar is triggered.

The practical lesson is simple: never rely only on the visa foil, school calendar, or I-20 program date. Download the electronic I-94 after every admission and verify the class of admission and expiration date. If CBP made an error, address it promptly rather than waiting until the end of the program.

A Lawsuit Is Pending—but Do Not Assume the Rule Will Be Stopped

On August 18, 2026, a coalition that includes NAFSA, the Presidents’ Alliance on Higher Education and Immigration, labor organizations, and other plaintiffs filed Presidents’ Alliance on Higher Education and Immigration v. U.S. Department of Homeland Security, No. 1:26-cv-13799, in the U.S. District Court for the District of Massachusetts.

The plaintiffs argue, among other things, that the rule violates the Administrative Procedure Act, exceeds DHS authority, is arbitrary and capricious, and was adopted without an adequate process. They seek to vacate the rule and prevent it from taking effect.

As of September 11, 2026, the published rule remains scheduled to take effect on September 15. Litigation can move quickly, and a court ruling, government announcement, or Federal Register notice could change implementation. Until that happens, relying on the hope of an injunction is not a safe immigration strategy.

What Students and Exchange Visitors Should Do Now

First, obtain the most recent I-94 for every family member. Do not assume that all family members received the same date.

Second, compare the I-94 with the passport, visa, I-20 or DS-2019, EAD, SEVIS record, program end date, and any pending USCIS receipt notices.

Third, create calendar reminders well before every expiration date. A reminder six months before expiration can provide time to obtain a new school or sponsor document, prepare evidence, and file an extension.

Fourth, consult the designated school official or responsible officer about the academic record—but remember that school advice is not a substitute for legal advice about unlawful presence, change of status, travel, prior violations, or long-term immigration strategy.

Fifth, obtain individualized legal advice before international travel, changing schools or programs, accepting employment, applying for OPT, or filing an extension. The consequences of a mistake may extend far beyond the student program.

Final Thoughts From a New York Immigration Lawyer

The end of duration of status is one of the most consequential changes affecting international students and exchange visitors in many years. The government is moving responsibility away from a flexible, program-based system and toward fixed deadlines and direct USCIS review.

For students, researchers, exchange visitors, journalists, and their families, the safest approach is to treat the I-94 expiration date as a hard legal deadline. Keep copies of every immigration document, track travel and program changes, prepare extension requests early, and never assume that an updated school document automatically extends the authorized stay.

The Law Office of Alena Shautsova assists clients with F-1 and J-1 status questions, extensions and changes of status, reinstatement issues, travel risks, employment authorization, and longer-term immigration options. Because the final rule is being challenged in court and implementation guidance may continue to develop, each case should be reviewed using the most current information.

To schedule a paid consultation, visit www.shautsova.com.

This article provides general information and does not create an attorney-client relationship. Immigration rules, agency guidance, and litigation may change after publication.