What DHS's New Fixed Stay Period Rule Means for F, J and I Visa Holders

The final rule ends D/S admission for F, J and I nonimmigrants and uses a fixed admission end date. The fixed date appears on Form I-94 or another admission record. Remaining in the U.S. beyond that authorized period generally requires a timely USCIS EOS filing, a change to another authorized status or departure and readmission. 

Subject to ongoing litigation, the published rule is set to take effect on Sept. 15, 2026.  

F-1 students and F-2 dependents, J-1 exchange visitors and J-2 dependents and I foreign information media representatives and qualifying dependents are affected.  

The authorized period is generally tied to the program length shown on the Form I-20 or DS-2019, but may not exceed four years, plus the separate arrival and departure periods allowed by regulation. CBP controls the admission decision and the Form I-94 should be checked after every entry.

Generally, for the time needed to complete qualifying activities or assignments, not to exceed 240 days.  

Certain I nonimmigrants presenting a passport issued by the People’s Republic of China, other than Hong Kong SAR or Macau SAR passports, are subject to a limited 90-day period.  

The 90- or 240-day period will not be calculated until the rule takes effect on Sept. 15, 2026.  

The final rule does note that if the I nonimmigrant needs additional time, they may be able to stay in the U.S. longer by filing an EOS with USCIS.

No. A visa generally concerns eligibility to seek admission to the U.S.; the Form I-94 controls the period of admission (or stay) in the U.S. after entry. HR and employees should not use the I-20, DS-2019 or EAD alone as proof of how long the person may remain.  

No. An F or J visa holder in the U.S. under D/S receives a transition period that lasts until their current program end date or up to four years (until Nov. 14, 2030), whichever comes first. 

If an F-1 student wishes to remain in the U.S. beyond this date, including if additional time is needed to begin a new program of study or engage in post-completion OPT or STEM OPT, they must apply for an EOS. 

 Alternatively, the student would need to leave the U.S. and seek readmission with a new period of admission to begin a new program of study. 

Travel can be consequential. On return after the rule takes effect, CBP is expected to issue a fixed-date I-94 under the new framework. The employee should obtain and review the I-94 immediately after admission and send it to their primary point of contact or CIPPC legal counsel.  

A qualifying I nonimmigrant properly maintaining status on the effective date may remain for the time needed to complete the activity, subject to a transition maximum of 240 days or, for the specified People’s Republic of China-passport group (not including Hong Kong SAR or Macau SAR passports), 90 days, measured from the effective date of the final rule. An EOS may be needed for additional time. 

Yes. The rule provides that an F-1 student admitted for D/S who timely files a post-completion OPT or STEM OPT Form I-765 on or before March 18, 2027, generally is not required to file a separate EOS application solely under the transition provision. Travel and readmission on a fixed period I-94 can change that result. 

An F, J or I nonimmigrant who will need to remain beyond the fixed I-94 date generally must timely file the prescribed USCIS EOS application, unless the person departs and obtains a new period of admission or obtains another authorized basis to remain. A program document extension by a DSO does not, by itself, extend the DHS-authorized stay. 

The rule requires timely filing before the authorized stay expiration. In general, an EOS application may be filed up to six months before the admission period expires. Operationally, employees and employers should begin planning months in advance because the DSO (Designated School Official) may need to update the program document (Form I-20), and the filing may require supporting evidence, fees, biometrics and coordination for dependents.

Early planning can help reduce the risk of status gaps and disruptions to work authorization.

 The final rule contemplates a review of the program length and the specific reasons why additional time is needed.   

Permissible circumstances include a longer program, compelling academic reasons, documented illness or medical condition or circumstances outside the student’s control.  

Delay caused by academic probation or suspension or repeated inability or unwillingness to complete the course of study, is generally unacceptable. USCIS also evaluates maintenance of status, admissibility, temporary intent and supporting evidence.

Yes. The final rule codifies the continued pursuit of a full course of study after the admission period expires, while USCIS adjudicates a timely-filed EOS application. 

No. Continued stay and continued employment are separate considerations. The final rule provides limited continuation of employment authorization for certain categories and periods.

Whether employment may continue after an underlying Form I-94 or EAD expiration date will depend on the individual’s immigration category, applicable employment authorization provisions and supporting documentation. Employers may wish to coordinate with immigration counsel when assessing specific situations.

The final rule describes up to 240 days of continued employment for certain timely-filed EOS cases involving authorized F-1 on-campus/CPT or qualifying hardship employment, employer-specific J-1 employment incident to status and I employment for the foreign employer.  

Existing STEM OPT EAD automatic-extension rules remain distinct. J-2 spouses are not granted the 240-day automatic extension and must have a valid EAD and a period of admission to work in the U.S. 

Departure can cause abandonment or otherwise alter the filing’s effect. The rule codifies the abandonment of a pending change-of-status request upon departure and addresses departures during F, J, or I EOS and related employment authorization filings. Travel should be assessed before booking.

The rule states that a person waiting in the U.S. for adjudication of a timely-filed EOS after the I-94 date does not accrue unlawful presence during the authorized period of stay while their EOS is being adjudicated.  

This does not guarantee approval, preserve every immigration benefit or authorize employment beyond a specific employment rule.  

A denial can create immediate concerns about departure and unlawful presence. 

The rule requires that F-1 students enrolled in programs below the graduate level cannot change educational levels or transfer to another school during their first year of study and must complete their first academic year of program study at the school that initially issued their Form I-20 or successor form, unless authorized by SEVP (Student and Exchange Visitor Program) as an exception for extenuating circumstances.   

Students enrolled at the graduate level or higher cannot transfer at any point during their program of study unless SEVP authorizes an exception due to extenuating circumstances.

The final rule prohibits students from changing to a program of study at a lower educational level, for example, moving from a Master’s program to a Bachelor’s program. The rule also prohibits changing to their program of study and/or transferring schools at the same educational level (moving from a Bachelor’s program to a Bachelor’s program) during the first year of study, unless an exception is authorized by SEVP.

F-1 students enrolled in programs below the graduate level cannot change their major or transfer schools at any point during their first year of study unless authorized by SEVP. Students enrolled in graduate-level or higher programs cannot change their majors at any point during their program of study.

Yes. The rule limits F-1 language training to an aggregate of 24 months, including breaks and annual vacation. DHS notes that 24 months is appropriate to accomplish the intended purpose of stay, which is studying the English language and that most English language programs are shorter than two years. These students would also receive a 30-day period to depart the U.S. 

No. DHS states that the rule does not substantively eliminate or change CPT and OPT, other than in the context of admission and extensions, and does not change the H-1B cap-gap rule. The new fixed admission date may nonetheless require an EOS filing or readmission for the F-1 student’s authorized stay to cover the relevant training or employment period. 

A student with a fixed-period I-94, rather than D/S on the final rules effective date (Sept. 15, 2026), may need to coordinate filing Form I-765 (EAD Card) with an EOS filing so the requested stay covers post-completion OPT or STEM OPT.  

Filing requirements depend on the I-94, transition status, travel and the effective form instructions.  

A pending or approved EAD application should not be assumed to extend status on its own. 

The final rule reduces the post-completion departure period from 60 days to 30 days for F-1 students under the new framework.  

If study or training ends early, the F-1 student and eligible dependents must depart or take quick action to maintain lawful status within 30 days of the actual end date, even if the original I-94 date is later.  

Transition provisions may differ for current F-1 students admitted for D/S who are present in the U.S. on the final rule’s effective date (Sept. 15, 2026). 

A dependent’s authorized stay generally may not exceed the principal’s authorized stay.  

Dependents should be included or separately addressed (if necessary) in EOS planning as permitted by the form and regulation.  

If the principal’s stay ends or an EOS is denied, dependent consequences must be assessed promptly. Employment authorization remains category-specific, including the separate EAD requirement for J-2 employment.

Use the documents and rules legally applicable to the individual employee.  

A pending EOS does not, by itself, prove employment authorization.  

Where the regulation grants a limited automatic continuation, HR should document the specific receipt, expired document, I-94, category and maximum continuation date in accordance with the then-current Form I-9 instructions and USCIS guidance.

The nonimmigrant is generally the applicant for an EOS.  

The DSO (Designated School Official) or RO (Responsible Officer) oversees relevant program documentation and SEVIS actions, while the employer may provide evidence of job, training, or assignment and manage work authorization. Because these roles are distinct, organizations should establish a handoff among the employee, DSO/RO, HR and immigration counsel.  

Employers may choose to pay for these EOS filings on behalf of their employees and dependents as an immigration benefit. 

At a minimum, global mobility and HR teams should track: 

• Passport expiration 
• Visa validity for travel planning 
• Current I-94 class and admit-until date 
• I-20 or DS-2019 start and end dates 
• SEVIS status 
• EAD category and expiration 
• EOS receipt and decision dates 
• 90/180/240-day employment continuation limits where applicable 
• Dependent dates 
• Planned travel

Keep immigration records access-controlled and, where appropriate, separate from general personnel files. 

Download the most recent I-94 and compare it with the passport stamp and program document (I-20 or DS-2019). Then identify any planned travel. 

It would be pertinent to notify HR, your global mobility team and the DSO/RO of any discrepancies and seek individualized advice well before any program, EAD or I-94 end date. Do not assume D/S transition protection survives travel or that a school/sponsor program extension extends immigration stay.