On July 17, 2026, the U.S. Department of Homeland Security (DHS) published a final rule eliminating the longstanding "duration of status" (D/S) admission framework for F-1 academic students and J-1 exchange visitors. Beginning September 15, 2026, F and J nonimmigrants will be admitted for fixed periods tied to specific expiration dates on their Form I-94 admission records, and they must file extension of status (EOS) applications with USCIS or depart the U.S. and seek readmission if they need additional time.
The practical impact is significant: legal, HR and compliance teams should be prepared to monitor I-94 expiration dates, coordinate Form I-539 EOS filings where needed, evaluate travel timing, and update employment authorization and I-9 reverification processes. Employers should request that F and J employees share their I-94 record with the employer upon reentry to the United States following travel.
Who is Affected
The rule applies to the following nonimmigrant classifications and will be most relevant to employers, universities, J-1 sponsors, and compliance teams that rely on F-1 or J-1 talent pipelines:
- F-1 students and F-2 dependents, including individuals in post-completion Optional Practical Training (OPT), STEM OPT, curricular practical training (CPT), on-campus employment, or other authorized F-1 activity
- J-1 exchange visitors and J-2 dependents, including research scholars, professors, interns, trainees, and other exchange program participants whose programs or work authorization may depend on valid J status
This FAQ is intended to help teams identify who is affected, what filing and tracking obligations may arise, how the transition rules operate, and what practical steps should be taken before and after the September 15, 2026 effective date.
Programs that extend beyond four years—including doctoral programs, certain medical training programs, and long-term research appointments—will now require a USCIS extension of stay filing before the initial admission period expires, unless the individual departs and is readmitted with updated documentation.
Frequently Asked Questions:
Scope, Effective Date, and Admissions
Q1. What is the core change made by the final rule?
DHS is replacing open-ended D/S admissions for F-1 academic students and J-1 exchange visitors with fixed admission periods. Instead of an I-94 marked “D/S” that allows F-1 and J-1 nonimmigrants to remain in the United States as long as they maintain their status (including for F-1’s the completion of their academic programs and any post-completion optional practical training, plus a 60-day grace period), affected individuals will receive an I-94 with a specific expiration date. They must either maintain status through that date, timely file for an extension when eligible, or depart and seek readmission if more time is needed.
Compliance takeaway: I-94 expiration dates become a primary compliance data point and should be tracked separately from program end dates, EAD expiration dates, SEVIS dates, and internal onboarding or graduation timelines.
Q2. When does the rule take effect, and who should be prioritized for review?
The rule becomes effective on September 15, 2026. Teams should prioritize current F-1 and J-1 workers or students, incoming fall 2026 program participants, F-1 students approaching OPT or STEM OPT filing windows, J-1 participants in longer programs, and anyone planning international travel around or after the effective date.
Extensions and Work Authorization
Q3. When is a Form I-539 extension of status filing required?
- F and J nonimmigrants who need to remain in the United States beyond their fixed I-94 expiration date generally must file Form I-539 with USCIS before that expiration date, unless they depart and seek readmission with updated documentation.
- Extensions may be filed up to 180 days before the authorized period of stay expires and generally require biometrics, applicable fees, evidence of sufficient funds, and a justification for the additional time requested.
- If an extension is filed during a 30-day grace period rather than before the program end date, the individual may be able to continue studying but may not work until the extension is approved.
- Departing and seeking readmission may be an alternative to Form I-539, but re-entry after the effective date will place the individual under the fixed-admission framework and may affect transition benefits.
Q4. What happens to employment authorization while an EOS application is pending?
The rule provides limited automatic employment authorization protections for timely filed EOS applications:
- F-1 on-campus employment, CPT, pre-completion OPT, and economic hardship authorization may receive up to 240 days of automatic extension while the EOS is pending if Form I-539 is received by USCIS before the program end date;
- J-1 employment authorization may also receive a 240-day automatic extension upon timely EOS filing;
- The existing 180-day automatic extension for timely-filed STEM OPT extension applications remains unchanged; and
- The existing H-1B cap-gap provisions remain unchanged.
Compliance takeaway: HR and I-9 teams should confirm the category of work authorization, the timely filing date, and the documentation supporting any automatic extension before continuing employment or completing reverification.
Transition Rules for Current F and J Nonimmigrants
Q5. How do the transition provisions work for F and J nonimmigrants already in the United States?
F and J nonimmigrants who are properly maintaining status on September 15, 2026, and whose last admission was for D/S may remain in the United States through the program end date on their Form I-20 or DS-2019, not to exceed September 15, 2030. F nonimmigrants in this transition population retain a 60-day grace period, and J nonimmigrants retain a 30-day grace period. No affirmative USCIS filing is required solely to benefit from this transition protection.
Q6. How does the special OPT transition rule work?
F-1 students admitted for D/S will not be required to file a separate Form I-539 for the OPT period if they are present in the United States on September 15, 2026, and timely file Form I-765 for post-completion OPT or STEM OPT by March 18, 2027. F-1 students who timely filed for post-completion OPT or STEM OPT before September 15, 2026 may remain while the application is pending, without filing a separate Form I-539 or second Form I-765, if they otherwise maintain F-1 status. Students who apply after the six-month window, or who travel internationally and re-enter after the effective date, should expect that both Form I-765 and Form I-539 may be required. DHS may extend the I-539 waiver period in six-month increments through later Federal Register notices.
If the OPT or STEM OPT application is approved, the student’s status extends through the EAD expiration date plus a 60-day grace period. If the application is denied, the student remains in valid F-1 status through the Form I-20 program end date or the four-year maximum, whichever is earlier, plus a 60-day grace period, provided the student continues a full course of study and otherwise maintains status.
Q7. Who is not covered by the transition rules?
The transition provisions do not apply to individuals who are outside the United States on September 15, 2026, or to anyone present in the United States in violation of status. Individuals who later travel internationally and re-enter after the effective date will be admitted under the new fixed-admission framework.
International Travel and Status Risks
Q8. What is the impact of international travel after September 15, 2026?
F-1 and J-1 nonimmigrants covered by the transition provisions who travel internationally after September 15, 2026 and later return will be readmitted under the new fixed-admission framework. Their new I-94 will carry a specific expiration date tied to the Form I-20 or DS-2019 program end date or EAD expiration date, but no later than four years from the date of re-entry.
Compliance takeaway: F-1 students who travel and re-enter after the effective date lose the transition rule’s 60-day grace period and receive only a 30-day grace period. If they later need more time to complete a program, transfer, or apply for OPT or STEM OPT, they may need both Form I-539 and Form I-765, eliminating the transition rule’s I-539 waiver benefit.
Common Pitfalls and Risk Areas
Q9. What is the impact of remaining beyond an I-94 expiration date under the new rule?
Under the new rule, F and J nonimmigrants who remain beyond their fixed admission period without a timely EOS filing will begin accruing unlawful presence immediately. This is a significant change from the prior D/S framework, under which unlawful presence generally began only after a formal status violation finding by USCIS or an immigration judge. Accrual of more than 180 days of unlawful presence may trigger a three-year reentry bar; one year or more may trigger a ten-year bar. If USCIS denies an extension request, lawful status generally ends as of the denial date and the individual should not assume that a normal grace period remains available.
Q10. What visa and dependent-family issues should teams watch for?
Even a single day of overstay can void an existing visa under INA §222(g), requiring the individual to reapply for a new visa only in the individual’s home country.
Family extensions also require coordination: F-2 and J-2 dependents should generally be included with the principal’s Form I-539 filing by completing Form I-539A. Teams should also verify dependent passports and documentation early, because a dependent issue can complicate the requested family extension period.
Q11. How do the program-change rules affect university and workforce planning?
F-1 students generally cannot transfer schools or change programs during their first academic year unless SEVP grants an exception for extenuating circumstances, and graduate students are barred from changing programs or transferring schools at any point during their degree. Students also may no longer pursue a subsequent program at the same or a lower educational level, which will restrict second master’s degree programs and “day-1 CPT” strategies that some students have used to maintain work authorization.
Q12. How could the rule affect OPT start dates and hiring timelines?
F-1 graduates may face delays receiving approval for extended status and/or their initial OPT grant required to begin employment. Employers should factor possible USCIS processing delays into start-date planning when both Form I-539 and Form I-765 are required.
Compliance Takeaways
The following actions can help legal, HR, university, and compliance teams prepare for the September 15, 2026 effective date:
Q13. What should legal and compliance teams do first?
Audit the population of F-1 and J-1 employees, students, visitors, dependents, and incoming hires, and share appropriate guidance with affected workers so they understand upcoming travel, filing, and status-maintenance issues; identify I-94 expiration dates; and build a calendar for potential Form I-539 deadlines. Extensions can be filed up to 180 days before expiration, so organizations should set reminders well before the filing window opens to work with impacted employees to identify the Designated School Official (DSO), J-1 sponsor, or counsel responsible for the filing support, and begin collecting updated Forms I-20 or DS-2019, funding evidence, and other extension justifications where needed.
Q14. What should HR, recruiting, and I-9 teams update?
HR and recruiting teams should identify affected workers and candidates early, plan for possible OPT or EOS processing delays, and avoid assuming that a program end date or EAD date alone establishes continued status. I-9 teams should update reverification procedures to account for fixed I-94 expiration dates, the 240-day automatic extension rules for timely EOS filings, the existing 180-day STEM OPT extension, and unchanged cap-gap rules.
Q15. What should universities, DSOs, and J-1 sponsors do?
Universities, DSO’s and J-1 sponsors should coordinate SEVIS updates, Forms I-20 or DS-2019, program extensions, and student or exchange visitor communications before the effective date where possible. F-1 and J-1 participants who may need additional time should be encouraged to work promptly with their DSO or J-1 sponsor to obtain updated documentation before September 15, 2026, while D/S protections still apply, and to document academic, medical, funding, or other extension justifications that USCIS may later review.
Q16. What should organizations tell affected F-1 and J-1 workers, students, and visitors?
Affected individuals should understand that they may need to track their own Form I-94 expiration dates, avoid non-essential international travel around the effective date, coordinate with DSOs or sponsors before program changes or extensions, and seek guidance before relying on any automatic employment authorization extension. Travel after the effective date can result in readmission under the new rules, loss of the 60-day grace period for F-1s, and the need to file Form I-539 for future extensions.
Q17. Which near-term populations should be prioritized before September 15, 2026?
Priorities include incoming F-1 or J-1 hires with late September or October 2026 program start dates who may be eligible to enter up to 30 days before the program start date; F-1 students expected to graduate in December 2026 or May/June 2027; workers who may need program extensions; dependents who will need to be included in extension planning; and anyone considering international travel around the effective date. Students graduating before June 15, 2027 should file for OPT by March 18, 2027 to help preserve the transition rule’s I-539 waiver benefit.
Recommended Next Steps
Organizations with affected F-1 or J-1 populations should begin preparing now for the September 15, 2026 effective date. Recommended next steps include conducting a status and I-94 audit, identifying candidates for EOS filings, prioritizing OPT and STEM OPT filing windows, updating I-9 and reverification procedures, issuing travel guidance, and coordinating with DSOs, J-1 sponsors, and immigration counsel.
We encourage you to contact the PLG Immigration Team as soon as possible to discuss how this rule may affect your specific workforce, to identify employees who may need extension filings, and to develop a compliance strategy. We will continue to monitor developments, potential legal challenges, and additional agency guidance.
