The End of “Duration of Status”: New US Rules for F, J, and I Visas

Until now, F-1 students and J-1 Exchange Visitors upon entry into the US, these individuals are generally granted the so-called “D/S – Duration of Status.” Thus, no fixed expiration date for the status was recorded on the I-94; rather, these individuals could generally remain in the US for as long as their valid I-20 or DS-2019 indicated and as long as they properly maintained their respective status. If the course of study or exchange program was extended, the I-20 or DS-2019 could be extended accordingly, without this alone requiring a separate application to extend stay with USCIS was required in the United States. A new I-20 or DS-2019 issued by the respective educational institution or exchange organization, in combination with a “D/S” notation on the I-94, thus served as proof of legal residency status.

It is precisely this flexibility that is now being eliminated: Starting September 15, at the I-94 A specific “Admit Until Date” has been entered. Effective immediately, this date is based on the period specified on the I-20 or DS-2019 form—that is, the specific duration of the academic program, exchange program, etc. If the academic program, language course, or internship (depending on the category) is to be extended, an “Extension of Status” (I-539) must be officially filed with USCIS in a timely manner. Alternatively, the individual may depart the country and, upon re-entry, be granted a new period of stay, provided that the I-20 or DS-2019 was updated.

For F-1 In addition, the grace period for students following completion of the program for new admissions will be reduced from 60 to 30 days. For the J category, the grace period generally remains at 30 days.

Holders of I visas — in particular correspondents, journalists, and other representatives of foreign media—are equally affected by this new regulation. Until now, the “D/S principle” generally applied to them as well. As long as the requirements for I status were met and the qualifying (journalistic) activity continued, they could remain in the US without a predetermined end date.

In the future, the visa granted upon entry will I Status is generally limited to a maximum of 240 days. The I visa itself can still be issued with a validity of up to five years. However, anyone who wishes to remain in the US beyond the period of stay specified on the I-94 must, in the future, apply for an extension of their status in a timely manner or leave the US in order to obtain a new status upon re-entry.

A special rule applies to nationals of the People's Republic of China: For them, I status is generally limited to a maximum of 90 days. Holders of passports issued by the Hong Kong and Macau Special Administrative Regions are not subject to this special 90-day rule.

This change is particularly relevant for F-1 students who, after completing their studies, plan to participate in Optional Practical Training (OPT) or a STEM-OPT Extension complete. In the future, in addition to the I-765 application for employment authorization, an extension of F-1 student status via Form I-539 may also be required.

However, the rule provides for transitional provisions for students already in the US Anyone who is lawfully present in the US under “D/S” status as of September 15, 2026, and who applies for OPT or STEM OPT in a timely manner within the designated transition period may, under certain conditions, continue to remain in the US without having to file an additional I-539 “Extension of Status” application.

Anyone who is already in the US on a “D/S” visa with F, J, or I status as of September 15, 2026, will not suddenly lose their status when the new rule takes effect.

Special transitional provisions apply to these individuals. Simply put, they may generally remain in the U.S. until the later expiration date of their existing I-20 or DS-2019 form, or until the end of their journalistic activities in the US — but for no more than four years from the effective date of the new rule. In addition, the previous 60-day grace period generally remains in effect for these F-status holders; for J-status holders, it remains at 30 days.

Special attention is required when traveling abroad and subsequently re-entering the country. If re-entry occurs after the rule takes effect, the new system may or will already be in effect as of September 15, and CBP will specify a specific expiration date on the I-94.

With the change to a fixed date of stay, the risk of missing certain deadlines also increases. If the period of stay granted on the I-94 expires, a situation known as “unlawful presence” can generally arise immediately if the continued stay has not been authorized in a timely manner through an application for an extension or change of status.

This can have significant immigration law consequences. In particular, extended periods of unlawful presence following a subsequent departure can result in the well-known three- or ten-year bars.

It is important to distinguish between a visa and immigration status: The new rule does not automatically shorten the validity of an F, J, or I visa in a passport. A visa generally entitles the holder to apply for entry into the United States. However, the I-94 form determines how long a person is actually allowed to stay in the United States after entry.

F, J, and I visa holders should therefore check their electronic I-94 after each entry and, in particular, keep a close eye on the “Admit Until Date” listed there.

However, it is not yet clear whether the new rule will actually take effect on September 15, 2026, as planned. A coalition of higher education organizations and labor unions has filed a lawsuit against the DHS rule in a US federal court in Massachusetts and has requested a temporary injunction to prevent it from taking effect.

On September 3, 2026, a hearing was held regarding the motion for preliminary relief. The court has not yet issued a ruling.

Until a court rules otherwise, those affected should therefore continue to assume that the new regulations will take effect on September 15, 2026, and prepare accordingly.