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F, J and I visa holders to have fixed time period of admission: On July 17, 2026, the U.S. Department of Homeland Security (DHS) published a final rule eliminating admissions for “duration of status” (D/S) and replacing it with a fixed time period of authorized stay for F academic students, J exchange visitors, and I representatives of information media. It also establishes the procedure for Extension of Status (EOS) applications with USCIS under these nonimmigrant statuses. The rule is effective September 15, 2026. See final rule here: https://www.federalregister.gov/documents/2026/07/17/2026-14439/establishing-a-fixed-time-period-of-admission-and-an-extension-of-stay-procedure-for-nonimmigrant.

Important for employers: “This rule does not make any substantive changes to OPT and CPT other than in the context of admission and extensions and does not make any changes to the H-1B cap gap rule.”

Below, we provide key provisions and guidance affecting F-1 students and J-1 exchange visitors as well as their dependents:

Fixed Period of Authorized Stay

• “DHS will admit F-1 and J-1 nonimmigrants for up to the length of their program listed on the Form I-20 or Form DS-2019, or successor form, not to exceed a period of 4 years.”
• “These nonimmigrants will also receive an additional 30-day period for arrival prior to the start date listed on their forms and a 30-day period to prepare for departure or to otherwise seek to obtain lawful authorization to remain in the United States.” So, the grace period for F-1 students was reduced from 60 to 30 days.
• F-1 and J-1 nonimmigrants “who need additional time to complete their current course of study, including requests for post completion OPT, STEM OPT, or academic training, or would like to start a new course of study or exchange visitor program must apply for an EOS with USCIS for an admission period up to the new program end date, or OPT end date, listed on the Form I20 or DS-2019, or successor form, reflecting such an extension, up to a maximum of 4- years.”
• “The period of admission for F-2 and J-2 dependents may not exceed the authorized period of stay of the principal F-1 or J-1 nonimmigrant.”

Extension of Status (EOS) Application must be filed with USCIS

• “USCIS anticipates accepting the Form I-539, Application to Change/Extend Nonimmigrant Status, for this population.”
• F-1 Students:
  • When this rule is effective, “students will have to obtain a Form I-20 from the DSO recommending a program extension and apply to USCIS for an EOS.”
  • “F-1 status whose admission period as indicated on his or her I-94 has expired, but who has timely filed an EOS application, will be authorized to continue pursuing a full course of study after the end date of his or her admission until USCIS adjudicates the EOS application.”
  • “DHS will only extend the stay beyond the program end date of an otherwise eligible F-1 student requesting additional time to complete their program if the additional time needed is due to a compelling academic reason, documented medical illness or medical condition, or circumstance that was beyond the student’s control.”
  • “If seeking an EOS to engage in any type of practical training, the alien in F-1 status will also need to have a valid Form I-20, properly endorsed for practical training, and be eligible to receive the specific type of practical training requested.”
• J-1 Exchange Visitors:
  • “To request an extension of stay, an alien in J status must file an extension of stay application on the form and in the manner designated by USCIS, including submitting the valid Form DS-2019.”

F-1 Employment Authorization Document (EAD)

• “For on-campus employment where no EAD is needed, DHS is allowing aliens in F-1 status to continue to be authorized for on-campus employment while their EOS applications with USCIS are pending, not to exceed a period of 240 days.”
• “Likewise, DHS is allowing an automatic extension of off-campus employment authorization for up to 240-days during the pendency of the EOS application, for F-1 students who have demonstrated severe economic hardship.”
• “With respect to whether OPT continues while an EOS application is pending, the rule does not provide for automatic extension of post-completion OPT employment authorization during the pendency of an EOS application.” So, as currently in practice, the Employment Authorization Documents (EAD) must be approved and issued prior to OPT employment.
• “However, for those participating in STEM OPT, the current regulations at 8 CFR 274a.12(b)(6)(iv) are not changing and provide that those with pending STEM OPT EAD applications can continue to work up to 180 days after the expiration of their current EAD.”
• IMPORTANT: “This rule does not make any substantive changes to OPT and CPT other than in the context of admission and extensions and does not make any changes to the H-1B cap gap rule.”

J-1 Work Authorization incident to Status

• “J-1 exchange visitors in some categories are authorized to engage in employment incident to status. This means that they are authorized to work per the terms of their program, and they do not have to apply to USCIS for authorization to engage in employment.”
• “J-1 nonimmigrants who are employment authorized with a specific employer incident to status continue to be authorized for such employment for up to 240 days under the existing regulatory provision at 8 CFR 274a.12(b)(20) if their status expires while their timely filed EOS application is pending, whereas J-2 dependents, who must apply for employment authorization as evidenced by an EAD, do not have the benefit of continued work authorization once the EAD expires.”

Transition period for those who were already admitted in the U.S. for Duration of Status (D/S)

• “To provide adequate notice to aliens previously admitted for D/S regarding the date when their admission period ends pursuant to the transition, an alien’s period of admission will expire on the program end date on the alien’s Form I-20 or DS-2019 that is valid on the final rule’s effective date, not to exceed a period of 4 years from the final rule’s effective date, plus the currently permitted additional period of 60 days for F nonimmigrants and 30 days for J nonimmigrants to depart.”
• “For those aliens in F-1 status, admitted for D/S, present in the United States on or before this final rule is effective, who have timely filed an application for post completion OPT or a STEM OPT extension, there is not a requirement to file an EOS application, and, instead, they are only required to file the application for employment authorization for post-completion OPT or STEM OPT extension.”
• However, the “admission period of any F or J nonimmigrant previously admitted for D/S will be transitioned to a fixed date of admission upon travel outside the United States.”
• “DHS reserves the discretion to extend the period exempting the filing of the Application to Extend/Change Nonimmigrant Status (Form I539 or successor form) in 6-month increments by publication of a notice in the Federal Register.”

F-1 Changes in Educational Plan

• “DHS is restricting school transfers and changes of educational objectives within a student’s first academic year of a program of study, unless an exception is authorized by SEVP, and prohibiting F-1 students in a graduate level program of study from changing educational objectives at any point during their program of study.”
•  “For example, an exception may be appropriate when a school closes or when a school has a prolonged inability to hold in-person classes due to a natural disaster or other causes.”
• “In addition, an alien who has completed a program as an F-1 nonimmigrant at one educational level will be unable to maintain F-1 status, depart and be admitted in F-1 status, or otherwise obtain F-1 status (e.g., via a change of status) through a program at the same educational level or a lower educational level.”
• “However, an F-1 student who has completed a program in the United States at one educational level and is beginning a new program at a higher educational level will be considered to be maintaining F-1 status.”
• “These provisions . . .  will be applied prospectively. Any programs completed prior to the effective date of the rule will not be counted towards the limits.”

The Immigration Practice Group of Whiteman Osterman & Hanna will continue to monitor the situation and will provide updates as the situation develops. This post is for informational purposes only. If you have any questions about this, please contact our office at immigration@woh.com or 518-487-7600.