The Department of Homeland Security (DHS) has finalized new regulations that establish a fixed admission period for F-1 students, J-1 exchange visitors, and I nonimmigrant representatives of foreign media, replacing the previous “Duration of Status” (D/S) admission policy. Under these new rules, nonimmigrants must apply for an Extension of Stay (EOS) or depart and seek re-entry through USCIS if they wish to remain in the U.S. beyond a designated date. This regulation is set to be published on July 17, 2026, and will come into effect on September 15, 2026.
DHS received around 22,000 public comments in response to the proposal introduced in September 2025. While objections were extensive, the agency has largely retained the structure of the proposed changes, with some modifications detailed in the final rule’s preamble.
Changes for F-1, J-1, and I Visa Holders
The new rules introduce several significant modifications for holders of F-1 and J-1 visas, as well as I nonimmigrant representatives. These include:
- A fixed enrollment period: F-1 and J-1 visa holders and their dependents will have a program duration limit stipulated on Form I-20 or DS-2019, not exceeding four years.
- A defined entry period: Nonimmigrants will now have a maximum entry period of 240 days, although representatives of media organizations from the People’s Republic of China will remain under the existing 90-day limit, excluding those with Hong Kong or Macau Special Administrative Region passports.
- Extension of Stay (EOS) application requirement: Those who need additional time must submit their EOS application before the fixed period expires or before departing the U.S. and seeking re-entry.
- Grace period reduction for F-1 students: The grace period for F-1 students to prepare for departure after completing their programs will decrease from 60 days to 30 days, bringing it in line with the J-1 grace period.
- Restrictions on educational goal changes and school transfers: F-1 students at the undergraduate level must complete their first year of study at the institution that issued their Form I-20 before changing educational goals or transferring schools, with certain exceptions. Graduate students will not be permitted to change their educational goals or transfer during their programs unless extenuating circumstances are recognized by SEVP.
- Limitations on enrollment at the same or lower educational level: Students who have completed a program at one level can only enroll in a new program at a higher level, eliminating the option for immediate enrollment in a second graduate program that allows work authorization.
- Unlawful presence ramifications: Upon the expiration of their specific hospitalization period without an approved extension, individuals will start accruing unlawful presence, affecting the 3-year and 10-year bars on re-entry.
- Biometric data submissions: USCIS may require biometric data for EOS applications related to F, J, and I nonimmigrants.
Implications for Current F-1 and J-1 Visa Holders
Those currently in the U.S. on D/S status as of the effective date of September 15, 2026, will transition to the new fixed length of stay, with an end date determined by the later of their current program expiration or EAD expiration, subject to a four-year limit from the rule’s effective date. For this transition group, the traditional grace period of 60 days for F-1 nonimmigrants will remain in place. Additionally, individuals re-entering the U.S. after September 15, 2026, will receive a new Form I-94 reflecting their fixed admission date.
For those with pending OPT or STEM OPT EAD applications by September 15, 2026, or filed by March 18, 2027, there will be no requirement to file an EOS application. DHS has the discretion to possibly extend this transition period through notices in the Federal Register.
Extensions of Employment Authorization
This regulation preserves the automatic 180-day extension of employment authorization for F-1 students who timely apply for STEM OPT extensions. It also continues the automatic cap gap extension for F-1 students who submit H-1B cap applications for change of status before April 1 of the fiscal year.
F-1 students benefiting from Curriculum Practical Training (CPT), on-campus employment, or financial hardship will receive automatic extensions of their work authorization while their EOS applications are pending, extending up to 240 days or until specified requirements in the Federal Register notice are lifted. J-1 and I nonimmigrants whose status allows for employment will similarly receive a 240-day extension if their status expires while an EOS application is pending. However, J-2 dependents will need to hold an Employment Authorization Document (EAD) to maintain this benefit.
Future Revisions to Nonimmigrant Forms
DHS plans to update several forms, including Form I-539 for extending or changing nonimmigrant status, the I-539A companion form, and Form I-765 for employment authorization. Additionally, updates to the SEVP/SEVIS system will be implemented to support the new fixed admission and EOS frameworks.
Practical Considerations for Employers and Educational Institutions
The transitions outlined in these new regulations are likely to escalate application volumes, resulting in increased backlogs and administrative challenges. Institutions that rely on F-1 and J-1 visa holders for various roles must closely monitor the fixed hospitalization end dates and adjust their timelines for submitting EOS applications accordingly. As the implications of these changes unfold, educational goals and transfers at the graduate level may introduce additional constraints for J-1 and F-1 scholars, unless exceptions are granted by SEVP.
This ongoing regulatory evolution necessitates strategic adaptations by employers, educational institutions, and foreign workers to stay compliant in an increasingly complex immigration landscape.
