On July 16, the Department of Homeland Security (DHS) announced a final rule eliminating the “duration of status” (D/S) framework for F (academic student), J (exchange visitor), and I (foreign media representative) visa holders. The rule is expected to take effect 60 days after publication in the Federal Register, on September 15, 2026.
The final rule closely tracks the proposed rule DHS published in August 2025. Under duration of status, F and J holders — the categories covering most international students, as well as visiting scholars, researchers and exchange participants — have been admitted for as long as they comply with the terms of their program, rather than until a specific date.
Under the final rule:
- F and J holders will be admitted for a fixed period tied to their program length as listed on Form I-20 or DS-2019, capped at four years per admission period and reflected as a date-certain “admit until” date on Form I-94.
- To remain beyond that date, students and exchange visitors must file a formal extension of stay (EOS) application with U.S. Citizenship and Immigration Services (USCIS) before their current period expires.
- The post-completion grace period for F visa holders is shortened from 60 days to 30 days, aligning F with the 30-day period already applicable to J holders.
- New limits are imposed on academic mobility, including restrictions on transferring schools or changing programs or educational levels, and a 24-month cap on admission for English language programs.
The final rule includes transition provisions for F and J nonimmigrants who were admitted for D/S and are in the United States on the effective date. These individuals will not need to immediately obtain a date-certain Form I-94, but they must still file an EOS to remain beyond the program end date on their current Form I-20 or DS-2019, or four years from the effective date, whichever is shorter, and will be subject to the new academic restrictions in various ways.
DHS maintains that a fixed period of admission will strengthen oversight, program integrity and national security. DHS received close to 22,000 comments on the proposal, including an ACE-led higher education comment letter joined by CUPA-HR and more than 60 other associations highlighting concerns with the rule. In the final rule, DHS acknowledged many of the concerns raised but declined to alter its core approach.
Given the length and complexity of the rule, CUPA-HR is continuing to review it in full and will provide further analysis in the coming weeks.