Important Updates
Important Updates
May 26, 2026 | NetherlandsNetherlands: Highly Skilled Migrants Family Members Expressly Granted Stay Abroad Rights
May 26, 2026 | Japan, United States2026年5月 アメリカ移民法ダイジェスト
May 26, 2026 | CanadaCanada: Visa Requirements Relaxed for Eligible Indonesian and Malaysian Travelers
May 26, 2026Ghana: Visa Fee Waiver for African Passport Holders Implemented
May 26, 2026Middle East/Africa: Temporary Ebola-Related Entry Restrictions Introduced
May 26, 2026 | NetherlandsNetherlands: Highly Skilled Migrants Family Members Expressly Granted Stay Abroad Rights
May 26, 2026 | Japan, United States2026年5月 アメリカ移民法ダイジェスト
May 26, 2026 | CanadaCanada: Visa Requirements Relaxed for Eligible Indonesian and Malaysian Travelers
May 26, 2026Ghana: Visa Fee Waiver for African Passport Holders Implemented
May 26, 2026Middle East/Africa: Temporary Ebola-Related Entry Restrictions Introduced
May 26, 2026 | NetherlandsNetherlands: Highly Skilled Migrants Family Members Expressly Granted Stay Abroad Rights
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

United States: DHS Submits F/J/I Duration of Status Termination Rule for Federal Review

May 6, 2026

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • The Department of Homeland Security (DHS) is seeking to finalize a regulation that would subject international students, exchange visitors, and representatives of foreign information media to fixed periods of stay, eliminating the longstanding policy of admitting these individuals into the country for the duration of their status.
  • The contents of the final rule will not be known until it is released for publication in the Federal Register. If the rule is finalized as proposed, F, J, and I nonimmigrants would need to apply for an extension of stay and complete biometrics screening to continue their activities beyond their specified admission period. Those who stay beyond their fixed period of stay would accrue unlawful presence.
  • It is not known whether the forthcoming final rule will also eliminate the current regulation requiring USCIS adjudicators to give deference to previous agency approvals in most nonimmigrant adjudications.
  • Once the regulation clears federal review, it is expected to be published in the Federal Register with an effective date 30 to 60 days later.

The issue

The Department of Homeland Security (DHS) has submitted for Office of Management and Budget (OMB) review a final regulation that is expected to replace the current “duration of status” (D/S) policy for F international students, J exchange visitors, I representatives of foreign information media, and their dependents with a policy that would set a finite expiration date for their authorized stay. OMB clearance is the last step in the rulemaking process before the regulation is published in the Federal Register and implemented.

A closer look

If the regulation is finalized as proposed, F, J, and I nonimmigrants would be admitted to the United States for a specific period of stay, and like other nonimmigrants, they would be required to apply for an extension of stay if they need more time to complete their program, employment, or assignment.

The final rule is also expected to change the policy on how and when F, J, and I nonimmigrants begin accruing unlawful presence, for purposes of the three- and ten-year bars applicable to foreign nationals who have been unlawfully present in the United States for over 180 days or over one year. Currently, F, J, and I nonimmigrants only begin to accrue unlawful presence if USCIS or an immigration judge formally finds that the individual has violated their nonimmigrant status. If the rule is finalized as proposed, F, J, and I nonimmigrants would generally begin accruing unlawful presence as soon as their specified admission period expires, as is currently the case for other nonimmigrant categories.

Other anticipated changes to the F, J, and I programs

In addition to imposing finite admission periods for F, J, and I nonimmigrants, the final regulation could make the following additional changes to these programs:

  • Shorter grace periods for F-1s: The rule is expected to replace the current 60-day grace period for F-1s with a 30-day grace period. The grace period is available so that students can prepare to depart the United States or apply for an extension or change of status, following the completion of their initial program or practical training.
  • Restrictions on F-1s changing programs and majors: If finalized as proposed, the rule would prohibit F-1 undergraduates from changing programs, majors, or education levels within the first year of their program, unless ICE’s Student and Exchange Visitor Program (SEVP) allows an exception for extenuating circumstances (e.g., school closure, or a prolonged inability to hold classes due to a natural disaster). F-1 graduate students would be entirely precluded from changing programs, majors, or educational levels. In addition, if a foreign national completes a program at a particular level, they would not be eligible for F-1 status to undertake a program at the same level or a lower level.
  • International travel while extension pending: Depending on the type of documentation presented at the port of entry, F, J, and I foreign nationals who travel while an extension is pending may either be readmitted for the balance left on their previous admission period, or for the extended period requested on the pending extension application. In the former scenario, the pending extension would not be considered abandoned due to travel, but in the latter scenario, the pending extension request would be deemed abandoned as no longer necessary.
  • International travel while change of status pending: The rule is expected to codify DHS’s longstanding policy that a change of status application will be deemed abandoned if the foreign national travels outside the United States while the application is pending.
  • Scope of I classification defined: For purposes of qualifying as a representative of foreign media, the rule is expected to clarify that a foreign media organization must have its home office in a foreign country and must be engaged in the regular gathering, production, or dissemination of journalistic information. Commentary to the proposed version of the rule noted that activities pursued for entertainment purposes, such as performing or appearing on reality television programs, generally would not qualify for I classification.

Possible elimination of deference to prior adjudications

When the regulation was proposed, it sought to eliminate DHS’s current regulation directing USCIS officers to give deference to previous Form I-129 temporary worker petition approvals involving the same parties and same underlying facts when adjudicating extensions of stay and other types of I-129 filings. It is not yet clear whether the final version of the regulation will contain this provision; there have been indications that DHS may pursue this change in a separate rulemaking.

What the regulation may mean for foreign nationals and employers

If finalized as proposed, the regulation would create significant new compliance and administrative responsibilities for affected foreign nationals and their schools, exchange program sponsors, and employers.

In addition, the regulation would result in a significant increase in the number of applications to extend nonimmigrant status filed with USCIS, exacerbating existing USCIS processing delays.

What’s next for the regulation

After OMB clearance of the final rule, it will be published in the Federal Register with an implementation timeframe of 30 to 60 days. 

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

2026年5月 アメリカ移民法ダイジェストLearn more

Fragomen on immigration

Business Immigration After the Midterms (Part I): What to Expect No Matter What

Partner K. Edward Raleigh analyzes how post‑midterm US business immigration will shift toward heightened enforcement, worker‑protection scrutiny and cross‑agency oversight, urging employers to align hiring practices, sponsorship decisions and documentation with consistent, defensible workforce strategies.

Learn more

Video

Germany Health Insurance Requirements for Visas: What You Need to Know

Senior Manager Sumejja Handzo outlines Germany’s health insurance requirements for visas and residence permits, including coverage options, documentation considerations and key compliance requirements for foreign nationals relocating to Germany.

Learn more

Media mentions

ABA Journal: Will US Immigration Policies Create ‘Chilling Effect’ on World Cup?

Partner Daniel Schwarz highlights how US visa appointment backlogs and limited availability for B visas are shaping international travel planning for the upcoming World Cup.

Learn more

Article

Beyond Temporary Protection: Why Europe Needs Clear Exit Pathways

Knowledge Management Manager Annabelle Duchêne explores how Europe’s prolonged reliance on Temporary Protection Status has created legal and workforce uncertainty and why clear, structured exit pathways are now essential for employers and displaced individuals alike.

Learn more

Article

Saudi Arabia: Premium Residency, Property Ownership and Compensation Structuring Under Vision 2030 - Part 2

Destination Services Director Christine Sperr examines how Saudi Arabia’s evolving Premium Residency framework and newly expanded foreign property ownership rules are reshaping the Kingdom’s appeal for internationally mobile professionals, global employers and institutional investors.

Learn more

Media mentions

Daily Mail: The Great Midlife Exodus to Portugal

Practice Leader Olga Nechita outlines key Portuguese visa options for UK nationals, including routes for entrepreneurs and retirees, alongside basic income and residency requirements.

Learn more

Video

June 2026 Visa Bulletin

Partner Melissa Vasquez-Myers reviews the June 2026 Visa Bulletin, including retrogression for EB2 and EB1 India and forward movement in the EB3 category for Indian and Chinese nationals.

Learn more

Media mentions

Bloomberg Law: ICE Raises the Stakes for Employers’ I-9 Compliance Failures

Partner Daniel Brown discussed how updated Immigration and Customs Enforcement guidance could increase employer exposure to I-9 compliance penalties.

Learn more

Awards

Canada Managing Partner Cosmina Morariu Recognized Among Top Women Leaders of Toronto for 2026

Canada Managing Partner Cosmina Morariu is recognized by Women We Admire among the Top Women Leaders of Toronto for 2026 for her leadership in immigration and global mobility.

Learn more

Video

How to Hire International Employees in the UK: Visas Explained for Employers

Senior Manager Harry Goldstraw outlines key considerations for UK employers hiring international talent, including sponsorship requirements, visa pathways and compliance obligations shaping workforce mobility strategy.

Learn more

Article

The Myth of A1 Simplification: Why EU Business Travel Compliance Is Becoming More Complex

Senior Counsel Jo Antoons examines how the EU’s proposed social security reforms are reshaping A1 compliance for business travel, introducing “Day One” requirements and greater complexity.

Learn more

Fragomen news

2026年5月 アメリカ移民法ダイジェストLearn more

Fragomen on immigration

Business Immigration After the Midterms (Part I): What to Expect No Matter What

Partner K. Edward Raleigh analyzes how post‑midterm US business immigration will shift toward heightened enforcement, worker‑protection scrutiny and cross‑agency oversight, urging employers to align hiring practices, sponsorship decisions and documentation with consistent, defensible workforce strategies.

Learn more

Video

Germany Health Insurance Requirements for Visas: What You Need to Know

Senior Manager Sumejja Handzo outlines Germany’s health insurance requirements for visas and residence permits, including coverage options, documentation considerations and key compliance requirements for foreign nationals relocating to Germany.

Learn more

Media mentions

ABA Journal: Will US Immigration Policies Create ‘Chilling Effect’ on World Cup?

Partner Daniel Schwarz highlights how US visa appointment backlogs and limited availability for B visas are shaping international travel planning for the upcoming World Cup.

Learn more

Article

Beyond Temporary Protection: Why Europe Needs Clear Exit Pathways

Knowledge Management Manager Annabelle Duchêne explores how Europe’s prolonged reliance on Temporary Protection Status has created legal and workforce uncertainty and why clear, structured exit pathways are now essential for employers and displaced individuals alike.

Learn more

Article

Saudi Arabia: Premium Residency, Property Ownership and Compensation Structuring Under Vision 2030 - Part 2

Destination Services Director Christine Sperr examines how Saudi Arabia’s evolving Premium Residency framework and newly expanded foreign property ownership rules are reshaping the Kingdom’s appeal for internationally mobile professionals, global employers and institutional investors.

Learn more

Media mentions

Daily Mail: The Great Midlife Exodus to Portugal

Practice Leader Olga Nechita outlines key Portuguese visa options for UK nationals, including routes for entrepreneurs and retirees, alongside basic income and residency requirements.

Learn more

Video

June 2026 Visa Bulletin

Partner Melissa Vasquez-Myers reviews the June 2026 Visa Bulletin, including retrogression for EB2 and EB1 India and forward movement in the EB3 category for Indian and Chinese nationals.

Learn more

Media mentions

Bloomberg Law: ICE Raises the Stakes for Employers’ I-9 Compliance Failures

Partner Daniel Brown discussed how updated Immigration and Customs Enforcement guidance could increase employer exposure to I-9 compliance penalties.

Learn more

Awards

Canada Managing Partner Cosmina Morariu Recognized Among Top Women Leaders of Toronto for 2026

Canada Managing Partner Cosmina Morariu is recognized by Women We Admire among the Top Women Leaders of Toronto for 2026 for her leadership in immigration and global mobility.

Learn more

Video

How to Hire International Employees in the UK: Visas Explained for Employers

Senior Manager Harry Goldstraw outlines key considerations for UK employers hiring international talent, including sponsorship requirements, visa pathways and compliance obligations shaping workforce mobility strategy.

Learn more

Article

The Myth of A1 Simplification: Why EU Business Travel Compliance Is Becoming More Complex

Senior Counsel Jo Antoons examines how the EU’s proposed social security reforms are reshaping A1 compliance for business travel, introducing “Day One” requirements and greater complexity.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.