Department of Homeland Security Implements Major Changes for Nonimmigrant Students and Exchange Visitors
On July 17, 2026, the Department of Homeland Security (DHS) announced a final rule that will eliminate the Duration of Status (D/S) provision for F students, J exchange visitors, and I foreign media representatives. This significant policy shift is set to take effect on September 15, 2026, although the implementation date could be influenced by Congressional review or litigation.
This new regulation replaces the existing D/S entry permit with a finite period of stay as indicated on Form I-94. Furthermore, it introduces a process for applicants to request extensions from the U.S. Citizenship and Immigration Services (USCIS) if they require additional time to remain in the country.
Implications for F, J, and I Nonimmigrants
The rule specifically impacts F-1 students along with their F-2 dependents, J-1 exchange visitors and J-2 dependents, as well as I representatives of foreign media along with their dependents. It’s crucial to note that the admission and transition rules differ across these categories.
Key Dates and Transition Periods
Although the new rule will come into effect on September 15, 2026, the current D/S framework will continue until that date. Those admitted or readmitted after the deadline will follow the new system, receiving fixed expiration dates on their Form I-94 instead of the D/S designation.
Survey of Changes to Form I-94
F and J nonimmigrants entering the U.S. after the effective date will receive specific expiration dates, making it essential for employers to monitor not just the Form I-94 but also any employment authorization documents related to their status. With the new regulation, managing these records will become increasingly complex.
Duration of Stay and Extension Requirements
F and J nonimmigrants are generally granted status until the end date specified in Form I-20 or DS-2019, with a maximum duration of four years. Those needing additional time beyond their Form I-94 expiration must file for an extension with USCIS—a process fraught with potential delays, application fees, and other complications.
Increased Monitoring and Compliance Needs
Employers are now tasked with tracking multiple important dates, including the expiration of Form I-94, the end date on Form I-20 or DS-2019, and the EAD expiration date. These timelines often do not align, increasing the risk of employment disruptions. Particularly affected will be long-term medical, research, and academic programs, which may require dedicated extension requests more frequently.
Recommendations for Employers
The new regulation represents a major shift in how international students and exchange visitors are managed in the U.S. Employers must take proactive measures to coordinate with schools and sponsors, ensure compliance with these new guidelines, and prepare for unforeseen delays in USCIS processing. With a focus on meticulous tracking of different status timelines and open communication with international departments, hiring organizations can better navigate this evolving landscape.
The U.S. continues to attract global talent, yet employers must now engage in thorough planning and compliance to effectively manage and support that talent under the new regulatory framework.
