DHS Finalizes Fixed Admission Periods for F, J and I Visa Holders

• The Department of Homeland Security has finalized a rule ending “duration of status” admissions for F, J and I nonimmigrants, replacing them with fixed admission periods and new extension of stay requirements.  

Fixed Admission Periods for F, J and I Visa Holders

The U.S. Department of Homeland Security (DHS) has published a final rule that will fundamentally change how F-1 academic students, J-1 exchange visitors and I media representatives are admitted and maintained in status in the U.S.  

The rule replaces the longstanding “duration of status” (D/S) framework with fixed admission periods and requires eligible individuals to file an Extension of Stay (EOS) application with U.S. Citizenship and Immigration Services (USCIS) if they need additional time in the U.S.   

The rule is scheduled for publication on July 17, 2026 and is expected to take effect 60 days after publication, subject to congressional review requirements.

Key Changes 

End of “Duration of Status” Admissions 

Under the current framework, most F, J and I nonimmigrants are admitted for the duration of their academic program, exchange program or media assignment without a fixed expiration date. The final rule eliminates this approach.  

New Fixed Admission Periods 

DHS will now admit: 

• F-1 students and J-1 exchange visitors for the length of their program, not to exceed four years at a time.
• I visa holders for the duration of their assignment, up to 240 days per admission period.
• Certain I visa holders with passports issued by the People’s Republic of China will remain subject to shorter admission periods.

New Extension of Stay Requirement 

Individuals who need to remain in the U.S. beyond their authorized admission period generally must: 

• File an Extension of Stay (EOS) request with USCIS; or
• Depart the U.S. and seek readmission.

DHS states the new process will provide immigration officers with regular opportunities to assess compliance with immigration laws and eligibility requirements.  

Additional Changes Affecting Students and Exchange Visitors 

F-1 Student Restrictions 

The final rule includes several new limitations on academic mobility, including: 

• Graduate-level F-1 students generally may not change educational objectives during their program.  
• Graduate-level F-1 students generally may not transfer schools during their program, absent limited exceptions approved by SEVP.  
• Students who complete a program of study generally must progress to a higher educational level rather than pursue another program at the same or lower level while remaining in F-1 status. 

Shorter Grace Period 

DHS is reducing the post-completion grace period for F-1 students from 60 days to 30 days. Similar departure requirements will apply when a program ends earlier than expected.

English Language Training Limits 

F-1 students enrolled in English language training programs will be limited to an aggregate 24-month period of stay.

Employment Authorization and Pending EOS Applications 

The final rule provides protections for individuals who timely file EOS applications:

• F, J and I nonimmigrants may continue authorized activities while a timely filed EOS application remains pending.
• Certain employment authorizations may be automatically extended for up to 240 days while an EOS application is under review.
• DHS notes that the rule does not fundamentally alter OPT, STEM OPT or CPT programs, although EOS may be required in conjunction with those benefits in some circumstances.  

Biometrics and Increased Compliance Reviews 

The rule authorizes DHS to require: 

• Biometrics collection; 
• Background checks; 
• Additional documentation; and 
• Other compliance reviews during EOS adjudications.  

DHS intends these measures to strengthen oversight, reduce fraud and enhance national security screening.

Transition Period 

DHS has established a transition framework for individuals currently in D/S status. 

Key transition measures include: 

• A phased implementation period for current F, J and I nonimmigrants.  
• Continued validity of certain existing D/S admissions for a limited period after the rule takes effect.  
• Training and guidance for schools, exchange visitor sponsors and government agencies.

Government Rationale 

DHS stated that the D/S framework limits the government’s ability to periodically verify compliance with immigration laws and cited concerns related to: 

• Student visa fraud; 
• Long-term residence through repeated program extensions; 
• Overstays; 
• National security risks; and 
• Abuse of student and exchange visitor programs. 

According to DHS, the change will align F, J and I classifications more closely with most other U.S. nonimmigrant visa categories that already operate under fixed admission periods.