The End of "Duration of Status": What F and J Visa Holders Need to Know

Quick Summary

• Starting September 15, 2026, F-1 students and J-1 exchange visitors will no longer be allowed to stay in the U.S. for an open-ended "duration of status." They'll be given a fixed expiration date instead.
• If you need to remain in the U.S. longer, you must apply for an extension of stay with USCIS before your time runs out. Miss the deadline, and you may start immediately accruing unlawful presence which may trigger a 3 or 10-year bar on returning to the U.S. and can negatively affect future visa and green card applications.
• This also applies to individuals already in the U.S. under the old system, with some transition time built in.

What's Changing

For decades, F-1 students and J-1 exchange visitors could remain in the U.S. as long as they followed their program's rules — no fixed end date required. This is called "duration of status," or D/S.

On July 17, 2026, DHS published a final rule ending D/S for the F-1 and J-1 categories. Going forward, everyone in F and J status will be given an actual expiration date on their paperwork and will need to formally apply to extend it if their program, job, or assignment runs longer.

The rule takes effect September 15, 2026. It's classified as a "major rule," so Congress has a window to review it. Unless Congress intervenes, the rule will go into effect as written.

Your New Admission Period

You can still enter up to 30 days before your program starts; that period doesn't count against your 4-year limit.

If You Need More Time: Extension of Stay

If your program, job, or assignment will take longer than your admission period allows, you must file an Extension of Stay (EOS) application with USCIS before your current period expires, and you may need to submit biometrics. Approval generally requires showing either an updated program document (Form I-20 or DS-2019) or a valid reason for the delay — things like a change in major or research topic, illness, or circumstances beyond your control.

Please note, F-1 students who timely file their EOS applications are authorized to continue pursuing a full course of study after the expiration of the admission period until USCIS adjudicates the EOS application.

Good news if you're filing or have filed an OPT or STEM OPT application: if your OPT application is already pending, or you file within 6 months of the rule taking effect, you won't need a separate F-1 extension on top of it.

Automatic work authorization extensions while your EOS is pending:

• STEM OPT: 180-day auto-extension (unchanged)
• F-1 on-campus work, CPT, or economic-hardship EAD: new 240-day auto-extension
• J-1 visa holders: continue to get a 240-day auto-extension, as before

The Big Risk: Unlawful Presence

This is the part to take most seriously. Previously, F and J visa holders generally didn't start accruing "unlawful presence" unless USCIS or a judge formally found a status violation. Under the new rule, unlawful presence starts accruing automatically,the moment your fixed admission period expires, with no formal finding required. Enough unlawful presence can mean a 3-year or 10-year bar on returning to the U.S. This is the same standard other visa categories have always faced.

Already in the U.S.? Here's Your Transition

If you're in valid F and J status when the rule takes effect, you're not cut off immediately:

• Current F/J nonimmigrants admitted for D/S keep that status until their program end date or 4 years from the rule’s effective date, whichever is sooner — unless they travel internationally.
• If someone in this transition group exits the U.S. and reenters on or after September 15, 2026, CBP will readmit them with a Form I-94 with a date-specific expiration date that includes a 30-day grace period.
• F-1 students in this transition group will retain their legacy 60-day grace period even after September 15, 2026, but if they exit and reenter the U.S. or apply for an extension of stay on or after the effective date they will be assigned a 30-day grace period under the new rule.

*Need more time after that? You are required to apply for an EOS under the new rules.

Other Changes Worth Knowing

• F-1 undergraduate students can't change majors, programs, or education levels in their first year (absent extenuating circumstances).
• F-1 graduate students generally can't change programs/majors/levels at all, and finishing one degree level doesn't let you re-enroll in F-1 status at the same or a lower level.
• Travel while your extension of status is pending can affect your case differently depending on what you present at the border. There are cases where your extension may be considered abandoned.
• Travel while a change of status is pending always counts as abandoning that application.
• The existing policy of USCIS deferring to prior approved petitions remains in place for now, though DHS has signaled it could revisit that policy later.
• F-1 doctoral students and J-1 physicians may be impacted the most since some programs regularly run past the new 4 year program limitation.

What You Should Do Now

Deadlines matter now in a way they never did before for F and J visa holders. If this applies to you, your family, your employees, or your students:

• Confirm the exact expiration date that will appear on your documents and calendar it now.
• If your program may run long, start your EOS paperwork well before your deadline.
• If you're not sure how the transition rules, grace periods, or auto-extensions apply to your situation, don't guess, the cost of a mistake may result in a multi-year reentry bar.

We're here to help. This is one of the most significant changes to student and exchange visitor visa rules in years, and the details may be unforgiving. Contact Murray Osorio at (800) 929-7142 or online for a consultation so we can map out your specific timeline and keep you in status.