DHS Ends the Longstanding “Duration of Status” (D/S) Policy: What Employers and Applicants Need to Know About the New F-1, J-1, and I Admission Rules

By: Sreelatha Babu | July 17, 2026

On July 17, 2026, the U.S. Department of Homeland Security (DHS) published a final rule fundamentally changing how F-1 students, J-1 exchange visitors, and I-representatives of foreign information media are admitted to and remain in the United States. The rule ends the longstanding "Duration of Status" (D/S) admission policy and replaces it with a system of fixed periods of admission, marking one of the most significant changes to the administration of these nonimmigrant classifications in decades.

Key Changes Under the Final Rule

1. Fixed Admission Periods Replace Duration of Status

The final rule replaces Duration of Status (D/S) with fixed periods of admission for F-1, J-1, and I nonimmigrants. F-1 and J-1 students will generally be admitted for the length of their academic program, up to a maximum of four years. Students who need more than 4 years to complete their program generally must apply for an Extension of Stay (EOS). A timely filed EOS application generally allows an F-1 student to continue pursuing a full course of study while the application remains pending with USCIS. For example, a student enrolled in a five-year academic program would generally be admitted for up to four years and, if additional time is needed to complete the program, would be required to file a timely EOS application before the admission period expires.

2. Extension of Stay Becomes Part of the Process

F-1, J-1, and I nonimmigrants who need to remain in the United States beyond their authorized admission period generally must obtain additional authorization, such as by filing an EOS with USCIS, changing to another eligible status, or departing and seeking readmission. This is a significant practical change because many individuals who previously remained in the United States under D/S may now need to proactively monitor their admission expiration date and file timely applications to avoid status issues.

3. OPT and STEM OPT Are Not Eliminated

The final rule does not eliminate Optional Practical Training (OPT) or the STEM OPT extension. Eligible F-1 students may continue to apply for employment authorization by filing Form I-765 under the existing OPT and STEM OPT programs. The rule also updates the employment authorization provisions to reflect the new fixed admission framework, clarifies that F-1 students with a timely filed Form I-765 may continue pursuing a full course of study while the application remains pending, and preserves employment authorization for certain students with timely filed STEM OPT extension applications while those applications are pending.

4. School Transfers, Educational Objective Changes, and Reinstatement

While students may continue to transfer to another SEVP-certified school where permitted under the regulations, the rule generally limits students who complete an academic program to continue in F-1 status only by beginning a new program at a higher educational level. After completing a program, students generally cannot remain in F-1 status by enrolling in another program at the same or a lower educational level. The rule also clarifies the eligibility requirements and circumstances under which a continuing F-1 student may be granted reinstatement.

5. Grace Periods and Early Completion or Termination

The final rule reduces the post-completion grace period for F-1 students from 60 days to 30 days following completion of a course of study or authorized post-completion practical training. For F-1 students, the 30-day period before the program start date and the 30-day grace period following the program end date do not count toward the maximum four-year admission period. In addition, if an F-1 student ends a course of study or authorized training early, the student and any eligible dependents must depart the United States or otherwise maintain lawful status within 30-day grace period. Similarly, if a J-1 exchange visitor's program ends early, the J-1 exchange visitor and any J-2 dependents must depart the United States or otherwise maintain lawful status within 30 days.

6. Transition Rules for Current D/S Holders

Individuals admitted in F-1 or J-1 status under the previous Duration of Status (D/S) framework who maintain valid status on the rule's effective date may generally remain in the United States until the later of their program end date (Form I-20 or Form DS-2019) or the expiration of a valid Employment Authorization Document (EAD), subject to a maximum of four years from the rule's effective date, plus the applicable transition grace period (60 days for certain F-1 students admitted under the previous D/S framework and 30 days for J-1 exchange visitors).

What Employers and Applicants Should Know

Employers, educational institutions, exchange program sponsors, and affected applicants should prepare for increased interaction with USCIS under the new admission framework. Unlike the current D/S system, many F-1, J-1, and I nonimmigrants seeking to remain in the United States beyond their authorized admission period will need to proactively obtain additional authorization to maintain lawful status. This means carefully monitoring I-94 expiration dates, timely filing of extensions or other immigration applications where required, and avoiding any lapse in status. Employers, educational institutions, and exchange program sponsors should also review their internal immigration tracking procedures to ensure foreign nationals maintain valid status throughout their authorized stay.

For questions regarding the new DHS rule or assistance in assessing its impact on students, employees, or organizations, please contact your trusted Chugh, LLP immigration professional.