The End of "Duration of Status": What DHS's Final F/J/I Rule Means

Greg V
May 15
3 min read

For more than 40 years, F-1 students, J-1 exchange visitors, and I (foreign media) nonimmigrants have been admitted to the United States for "duration of status" — meaning their lawful stay was tied to the length of their academic program or exchange, not to a fixed end date on the I-94. On May 5, 2026, the Department of Homeland Security submitted the final rule eliminating duration of status to the White House Office of Management and Budget for review.

Once OMB clears the rule and it is published in the Federal Register, the longstanding D/S framework will be replaced with a fixed-period admission system — and the change will touch virtually every campus, research lab, and exchange program in the country.

What the Rule Will Change

Fixed Admission Periods Capped at Four Years

F-1, J-1, and I admissions will be tied to the program end date on the Form I-20 or DS-2019.
The admission cannot exceed four years, regardless of program length.
I-94 records will show a fixed expiration date, not "D/S."

PhD candidates, post-doctoral researchers, and J-1 physicians in extended residency programs will routinely run up against the four-year ceiling — and will need to file extensions to continue their programs.

Extensions Require Form I-539 Plus Biometrics

File Form I-539 with USCIS.
Submit biometrics.
Provide updated I-20/DS-2019 documentation.
Demonstrate continued academic or program progress.

USCIS adjudication times for I-539 extensions can run six to nine months. A student whose I-94 expires before USCIS adjudicates an I-539 may fall out of status, even if the extension is ultimately granted.

Shorter F-1 Grace Period — 30 Days Instead of 60

The post-completion grace period for F-1 students will be cut from 60 days to 30 days. That window is what gives F-1 graduates time to depart, transfer, or transition to OPT or H-1B status. A 30-day window will compress decision-making for graduates, particularly those whose H-1B cap-subject filings are pending or who are between programs.

Unlawful Presence Risk Just Got Bigger

Under D/S, F-1 and J-1 nonimmigrants generally do not accrue unlawful presence until DHS or an immigration judge makes a status violation finding. Under the new rule, anyone who remains in the U.S. past their fixed I-94 expiration begins accruing unlawful presence on day one. Crossing 180 days triggers a three-year re-entry bar; crossing 365 days triggers a ten-year bar.

Timeline

May 5, 2026: DHS submitted the final rule to OMB for review.
Near future: OMB completes review; rule published in the Federal Register.
60 days after publication: Effective date.
September 2026 incoming cohort: rule is expected to apply to new F-1, J-1, and I admissions for fall 2026.

What Students and Scholars Should Do Now

Calendar your I-94 expiration — it becomes the operative deadline.
Plan extensions early. For multi-year PhDs and postdocs, build I-539 filings 12 months ahead.
Consolidate travel. Each entry requires a valid F-1 visa stamp and current I-20.
Watch the 30-day grace period. Have OPT or H-1B plans finalized before completing your final term.

What DSOs, J-1 Sponsors, and Employers Should Do Now

Audit your SEVIS workflows — data quality directly determines whether USCIS approves I-539 extensions.
Update onboarding and offboarding scripts to reflect the new I-94 model.
Re-baseline STEM OPT and H-1B cap-gap strategies for a 30-day grace period.
Plan for I-539 adjudication delays and use premium processing where available.

Will the Rule Be Challenged?

Almost certainly. A similar 2020 D/S proposal was withdrawn after the change of administration. This time, with the rule moving through final OMB review, litigation will be the primary brake. Plaintiffs are expected to challenge the rule under the Administrative Procedure Act and the Due Process Clause — but our planning assumption is that the rule will take effect in fall 2026, with litigation overlapping implementation.

How the Vartanian Law Firm Can Help

We advise international students, post-doctoral scholars, J-1 physicians and researchers, foreign media correspondents, and the U.S. universities, hospitals, and employers that sponsor them. Whether you need help with I-539 extension strategy, STEM OPT and H-1B cap-gap planning, J-1 waiver work, or an audit of your SEVIS and onboarding workflows ahead of the new rule, contact the Vartanian Law Firm to schedule a consultation tailored to your program or workforce.