The U.S. Department of Homeland Security (DHS) has issued a significant final rule that fundamentally alters how F-1 academic students and J-1 exchange visitors are admitted to the United States. The rule is effective September 15, 2026.

Key Changes

“Duration of Status” (D/S) Admission Replaced with Fixed Admission Date

The rule eliminates of D/S admission period for F and J nonimmigrants. Effective September 15, 2026, the admission period for F and J nonimmigrants will expire on a specific date reflected on the I-94, referred to as the “Admit Until Date” or “AUD”. Individuals wishing to remain beyond the I-94 AUD must either file an extension of stay with USCIS, depart the U.S. and seek readmission, or change to another lawful immigration status.

Like other nonimmigrants, F and J nonimmigrants who remain in the U.S. beyond the I-94 AUD will accrue unlawful presence if they have not timely filed an extension of status or change of status application.

New Admission Periods

The new rule establishes maximum initial admission periods for F and J nonimmigrants. Generally, F and J nonimmigrants may be admitted for the length of the approved program, not to exceed 4 years, plus a 30-day grace period. Foreign students enrolled in English language programs, attending public school, or entering as commuter students will have a shorter admission period.

Formal Extension of Status Applications Required

Individuals needing additional time to remain in the U.S. in F or J status beyond their initial admission period will now be required to file an I-539 extension of status application with USCIS to

• · Extend academic or exchange visitor programs;
• · Transfer schools;
• · Start a new degree program;
• · Change academic levels;
• · Engage in post-completion Optional Practical Training (OPT) or academic training.

The rule also establishes new eligibility guidelines to qualify for extension and individuals filing an extension of status application may be required to appear for biometrics.

Transition Rules for “D/S” F and J Nonimmigrants

F and J nonimmigrants who were admitted for “D/S” and who are in the U.S. as of the rule’s effective date (September 15, 2026) will be subject to transition rules.

“Legacy” F and J nonimmigrants may remain in the U.S. with their “D/S” I-94 document, but they will be required to apply for an extension of stay to remain in the U.S. beyond their program end date specified on the I-20 (for F-1) or DS-2019 (for J-1) or their OPT EAD card, OR, four (4) years from the final rule effective date, whichever is shorter.

Legacy F nonimmigrants will retain a 60-day grace period. However, if they exit or reenter the U.S. or apply for an extension of stay after September 15, 2026, they will be subject to the new 30-day grace period.

A legacy F or J nonimmigrant who departs the U.S. and reenters on or after September 15, 2026 will be readmitted with a new I-94 annotated with an AUD (instead of “D/S”) and will be subject to the 30-day grace period.

Additional Restrictions on Academic Programs

The rule will place additional restrictions on undergraduate students who wish to change majors or transfer schools. The rule will prohibit graduate students from changing their majors at any time during their graduate studies. Graduate students may be eligible to transfer schools on a case-by-case basis.

Students who complete their academic programs after the rule’s effective date will be prohibited from pursuing another program of study at the same or lower academic level.

Deference to Previously Approved I-129 Petitions Remains

The proposed rule intended to eliminate the DHS rule that directs officers to give deference to prior approvals of I-129 petitions for nonimmigrant workers, where the extension petition is based on the same underlying facts. The final rule does not contain this provision; deference to prior I-129 approvals remains in place for now.

Conclusion

Implementation of the new rule will create significant organizational and administrative challenges for students, exchange visitors, academic institutions, exchange visitor sponsors, and employers.

DHS is expected to publish additional guidance in the weeks ahead. We will continue to monitor the implementation of the rule and provide updates as they become available.

For additional information or specific legal advice, please contact your Van Der Hout representative or call 415-981-3000.