United States: The New Rule on Fixed Periods of Stay for F, J, and I Nonimmigrants: What Foreign Nationals and Employers Need to Know

1.1       Briefly, what does the new DHS regulation set out to do?

The final rule replaces the longstanding “duration of status” (D/S) policy for F-1 international students, J-1 exchange visitors, I representatives of foreign information media, and their dependents with a new policy that sets a finite expiration date for their authorized stay.

Under this new regulation, F, J, and I nonimmigrants will now be admitted to the United States for a specific period of stay, and like other nonimmigrants, they will be required to apply for an extension of stay (or depart the United States and request a new stay upon re-entry) if they need more time to complete their program, employment, or assignment. They will generally begin to accrue unlawful presence immediately after their admission period expires unless they timely file for an extension. See below for more information on the maximum periods of stay for F, J, and I nonimmigrants under the new regulation.

1.2       When does the regulation take effect? Do the new admission period rules apply to F, J, and I nonimmigrants who were admitted to the United States before the effective date?

The rule will take effect on September 15, 2026. It will apply to all F, J, and I nonimmigrants in the United States whether they entered the country before or after the rule takes effect, as discussed in further detail below. This means that all F, J, and I nonimmigrants will be subject to a fixed period of stay and a specific expiration date. If they want to prolong their stay in the United States (and they are otherwise eligible to do so), they will need to apply for an extension or change of status before their fixed period of admission expires, or depart the United States and apply for a new admission period upon re-entry.

1.3       What is the difference between the former “duration of status” policy and the new fixed period of admission?

While most nonimmigrants are admitted to the United States until a specific date, F, J, and I nonimmigrants had long been admitted for the duration of the individual’s status in that visa classification. For F-1 students, duration of status was the time it took the individual to complete their academic program and any post-completion optional practical training (OPT), plus a 60-day grace period. For J-1 exchange visitors, duration of status was the time it took the individual to complete their J-1 program, plus a 30-day grace period. And for I nonimmigrants, duration of status was the duration of the foreign media representative’s assignment/employment in the United States.

Nonimmigrants admitted for duration of status were not required to apply for an extension of stay with USCIS if their program or employment lasted longer than initially anticipated. For Fs and Js, the sponsoring educational institution or exchange program was able to extend the student’s or exchange visitor’s ability to remain in the United States simply by issuing a revised Form I-20 or DS-2019 Certificate of Eligibility with a later program completion date, and foreign media representatives in I status were generally permitted to remain in the United States as long as they remained employed in their qualifying employment.

The new rule ends this longstanding practice and brings these classifications in line with other nonimmigrant categories, by subjecting them to defined periods of stay and requiring them to apply to USCIS for extensions of status if they wish to remain in the United States beyond that defined period.

2.1       Under the new regulation, what are the new fixed periods of stay for F, J, and I nonimmigrants and their dependents?

The new F, J, and I admission periods are as follows:

F-1s and their dependents: Most F-1 international students and their dependents will be admitted for up to the length of the principal’s program not to exceed four years, plus a 30-day grace period (decreased from 60 days)The F-1 student’s program end date is indicated on their Form I-20 certificate of eligibility for foreign student status.

The following classes of F nonimmigrants, however, will be limited to shorter admission periods: 

• Those enrolled in English language training programs will be limited to a maximum admission period of 24 months, plus a 30-day grace period. The 24-month limit is a lifetime maximum, though English language training undertaken before the September 15, 2026, effective date of the regulation will not count against that limit. 

• Foreign nationals attending public high school will be limited to a maximum aggregate admission period of no more than 12 months, including school breaks and annual vacations.

• Border commuter students, who were already subject to fixed duration admissions, will continue to be subject to existing rules governing the length of their admission period.

J-1s and their dependents: J-1 principals and their dependents will be admitted for up to the length of the principal’s program, not to exceed four years, plus a 30-day grace period.

I nonimmigrants and their dependents: I nonimmigrants and their dependents will be admitted for a period of time necessary for the I principal to complete their assignment, not to exceed 240 days, unless they hold a passport issued by the People’s Republic of China (other than Hong Kong or Macau Special Administrative Region (SAR) passports), in which case their period of admission cannot exceed 90 days.

Grace periods for F and J nonimmigrants: F-1s, J-1s, and their dependents will continue to be eligible to be admitted into the United States up to 30 days before their program start date, and may remain in the United States for a 30-day grace period after program completion that will be reflected on their I-94 admission document. Neither 30-day period counts against the four-year maximum admission period.

2.2       Has the grace period changed for F-1 students?

Yes. Previously, F-1 students (and their dependents) were admitted for the length of their academic program plus a 60-day grace period to allow them to prepare to depart the United States or change to a different immigration status. The new regulation limits the F-1 grace period to 30 days for departure or to apply for a change or extension of status.

However, as discussed below, under special transition rules, foreign nationals who are in F-1 status on the date the new regulation takes effect will continue to benefit from the previous 60-day grace period, In addition, an F-1 student who has finished their academic program by September 15, 2026, will be able to stay for the remainder of their original 60-day grace period. If they need additional time, they must timely apply for an extension or change of status pursuant to the new regulation or depart the United States. Similarly, an F-1 student with an application for OPT or a STEM OPT extension that is pending as of September 15, 2026 may also benefit from a 60-day grace period, as discussed below.

3.1       Briefly, what is the new extension of stay requirement?

If an F, J, or I nonimmigrant wants to remain in the United States beyond their expiration date – if, for example, they need additional time to complete their program, practical training, or assignment – they will need to apply for an extension of stay with USCIS, pay the required filing fee, and, if required by the agency, complete biometrics screening. The extension application must be filed before the foreign national’s current period of stay or grace period (if applicable) lapses; filing the extension during the foreign national’s applicable grace period may limit their ability to work while the extension is pending, as discussed below.

In the alternative, they may travel abroad and apply for readmission, presenting documentation of the reasons for additional time, such as an updated I-20 or DS-2019.

An F, J, or I nonimmigrant may also be eligible to change to another nonimmigrant status. A change of status application must likewise be filed before the expiration of their fixed period of F, J, or I admission.

3.2       What do I need to apply for an extension of F, J, or I status once the regulation takes effect? When should I file? How early can I apply?

In most cases, if you want to prolong your F, J, or I status in the United States beyond your fixed period of admission, you will need to apply to USCIS for an extension of stay using USCIS Form I-539. You can file your Form I-539 extension of stay as early as 180 days before your authorized period of stay expires.

You will need to present documentation of the reason you are seeking additional time. 

• If you are an F-1 student who needs more time to complete your program of study or you want to engage in post-completion practical training, you will need to present a newly issued valid Form I-20 indicating that you need additional time to complete your program. You will also need to demonstrate that you have sufficient funds to cover expenses during your extension period. If relevant to your circumstances, you may be required to submit documentation to show that you require additional time due to compelling academic reasons – such as a change in your major or research topic, or unexpected research problems; an illness; or other circumstances beyond your control, such as the closure of your academic institution, a natural disaster, or a national health crisis. 
• If you are a J-1 nonimmigrant, you will need to present a valid Form DS-2019 that shows you need additional time to complete your program.
• If you are an I nonimmigrant, you will need to present evidence that a home office of the foreign media organization will continue to operate in a foreign country while you are in the United States; and a letter from the employing organization (or if self-employed or freelancing, an attestation) that verifies the employment, establishes that you are a representative of that media organization, and describes your remuneration and the work to be performed.

If you fail to depart or apply to change or extend their status before your status expires, you will generally begin to accrue unlawful presence upon expiration of your authorized admission period. Unlawful presence has serious consequences and can jeopardize your ability to extend or change your nonimmigrant status and your ability to be readmitted to the United States. See further discussion below.

3.3       My F, J, or I program end date will occur soon after the new regulation takes effect on September 15. What do I need to do?

If the end date of your F-1 course of study, J-1 exchange program, or I assignment falls soon after September 15, you will need to be prepared to quickly file an application for extension or change of status if you want additional time in the United States, or prepare to depart. Failing to timely file for a change or extension of status or depart before your period of admission ends can have serious consequences, as discussed below.

3.4       Is there an alternative to filing a USCIS extension of stay? What about traveling abroad and applying for readmission to the United States?

You may choose to depart the United States before your current period of stay expires and apply for readmission to the United States with your valid I-20 or DS-2016 certificate of eligibility showing additional time. You can be admitted for a new period of stay that reflects the new program end date on your I-20 or DS-2019 (not to exceed four years) plus the applicable grace period. However, your admission period may be shorter if your passport will expire before your program end date and grace period lapses. Contact your Fragomen professional to discuss the pros and cons of international travel versus an application for extension of stay.

3.5       Am I authorized to work while my USCIS application for an extension of stay is pending?

F, J, and I nonimmigrants who hold valid employment authorization and timely apply for an extension of stay can benefit from an automatic extension of their employment authorization, as follows:

• As under prior regulations, F-1 students who timely apply for a STEM extension of optional practical training before their 12-month OPT employment authorization document (EAD) expires will receive an automatic 180-day extension of their employment authorization; this auto-extension is unchanged by the new rule;
• F-1 students holding employment authorization for on-campus employment, curricular practical training (CPT), or due to economic hardship are eligible for a new automatic extension of up to 240 days upon timely filing of an extension of stay request. To benefit from this rule, the extension request must be filed before the program end date and cannot be filed during the grace period;
• J and I nonimmigrants will continue to benefit from existing rules that provide a 240-day automatic extension of employment authorization when an extension of stay request is timely filed before their period of admission expires.

USCIS is expected to issue updated instructions on how foreign nationals and employers should complete the Form I-9 employment eligibility verification process for F-1 CPT in light of the new regulations.

3.6       Can I travel internationally while my F, J, or I extension of stay is pending with USCIS?

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 will not be considered abandoned due to travel, but in the latter scenario, the pending extension request may be deemed abandoned as no longer necessary; however, any associated application for an Employment Authorization Document (EAD) would not be considered abandoned.

3.7       Can I travel internationally while my F, J, or I change of status is pending with USCIS?

If you travel internationally while your change of status application is pending, your application will be deemed abandoned. Not if you wish for the change of status application to remain pending. The final rule codifies DHS’s longstanding policy concerning the impact of travel abroad while a change of status application is pending.

3.8       I am an F-1 student who is the beneficiary of a timely-filed H-1B cap petition and a request for change of status to H-1B.  Does the new rule affect the “cap gap” and my ability to remain in the United States and continue working after my OPT EAD expires and before my H-1B change of status takes effect?

No. Cap gap benefits for F-1 students who are the beneficiaries of a timely-filed H-1B petition and a request for a change of status to H-1B remain in place and are not changed by the new regulation. For guidance on the cap gap and related travel and work issues, click here and contact your Fragomen professional if you need more information.

4.1       Does the rule affect F, J, and I nonimmigrants who entered the United States before September 15, 2026 and were originally admitted for duration of status?

Yes. You will be subject to a fixed period of stay and you may be required to apply for an extension of stay if you wish to remain in the United States for a longer period. However, some of the requirements of the new rule may be relaxed.

If you entered the United States in F, J, or I status before September 15, the following rules may apply to you:

• If you were admitted for duration of F or J status and are maintaining status on the September 15, 2026, you will be authorized to remain in the United States until the later of the end date of your existing I-20 or DS-2019 or the expiration date of any Employment Authorization Document (EAD), but not more than four years from the effective date of the rule, plus a grace period of 60 days for Fs and 30 days for Js. If you will require additional time beyond that – such as to complete your program or post-completion practical training, or to start a new program – you must apply for an extension of stay pursuant to the new rules or depart the United States and request a new admission period upon re-entry.
• If you are an F-1 who was admitted for duration of status, you are present in the United States on September 15, 2026, and you timely apply for post-completion OPT or STEM OPT within six months after the rule takes effect, you only need to file a Form I-765 EAD application. You do not need to file a Form I-539 application to extend F status to cover the requested OPT or STEM OPT period. If your OPT or STEM OPT EAD application is approved, you would be authorized to remain in the U.S. in F-1 status until 60 days after your EAD card expires. If the OPT or STEM OPT EAD application is denied, the foreign national would be authorized to remain in the U.S. until the end date on their Form I-20 or EAD, plus a 60-day grace period, provided they continue to maintain valid F status. Notwithstanding these rules, however, if you depart and re-enter the United States during the special six-month transition window (or any DHS extension of that window) and are readmitted for a fixed period of stay before applying for an OPT or STEM OPT EAD, you would be required to file both the I-765 EAD application and an I-539 application to extend F-1 status to cover the requested OPT or STEM OPT period.
• If you are an F-1 with an OPT or STEM OPT EAD application pending on the September 15 effective date of the new regulation, you will not be required to file an I-539 application to extend your F-1 status or to re-file your I-765 EAD application (unless otherwise requested by USCIS in a particular case). For F-1s with post-completion OPT or STEM OPT EAD applications pending when the rule takes effect, if the EAD is approved, the foreign national would be authorized to remain in the U.S. until 60 days after EAD expiration, and if the EAD application is denied, they would be authorized to remain in the U.S. until 60 days after the I-20 program end date, provided they continue to maintain valid F status.
• If you are a foreign national maintaining I status on the effective date of the rule, you will be authorized to remain in the United States for a period necessary to complete your activity, not to exceed 240 days from the effective date of the rule, or, if you hold a PRC China passport (other than a Hong Kong SAR and Macau SAR passport), not to exceed 90 days from the effective date of the rule. If you will require additional time beyond that, you would be required to apply for an extension or change of status, or you may depart the United States and request a new admission period upon re-entry.

These transitional rules apply only to Fs, Js, and Is who are present in the United States and properly maintaining their status on September 15, 2026, the effective date of the rule. They do not apply to foreign nationals who are either present in the United States in violation of their status or who are outside the United States when the rule takes effect. Foreign nationals who are abroad when the rule takes effect will, upon their return, be admitted for a specific date according to the admission period rules described above. 

5.1       What are the consequences for F, J, and I nonimmigrants who overstay their period of admission?  How does the regulation affect the accrual of unlawful presence for F, J, and I nonimmigrants?

Unlawful presence in the United States has serious consequences for all foreign nationals. A foreign national who has been unlawfully present for more than 180 days but less than one year is barred from reentry to the United States for three years. Those unlawfully present for one year or more are barred from reentry for ten years. An individual subject to a reentry bar is also ineligible to apply for a visa, admission, or adjustment of status to permanent residence unless they are granted a waiver of inadmissibility or another form of relief.

The new regulation makes a very significant change to current policies on how and when F, J, and I nonimmigrants begin accruing unlawful presence in the United States for purposes of the bars. Under longstanding policy, F, J, and I nonimmigrants were only considered to begin accruing unlawful presence if USCIS or an immigration judge formally found that the individual had violated their nonimmigrant status. Under the new rules, however, F, J, and I nonimmigrants will generally begin accruing unlawful presence as soon as their specified admission period expires, as is currently the case for other nonimmigrant categories.

5.2       What are the consequences of a violation of F, J, or I status on the ability to extend or change status?

F, J, and I nonimmigrants must ensure that they comply with program rules in order to maintain their status. Failure to maintain nonimmigrant status can jeopardize your ability to change or extend your status and, as noted throughout this FAQ, can jeopardize your ability to remain in the United States after the new regulation takes effect.

For students and exchange visitors, maintaining your status means:

• Making all required reports to your designated school official (DSO) or exchange program responsible officer (RO);
• Ensuring that you do not engage in employment without authorization;
• For those in a period of optional practical training, ensuring that you do not exceed limits on unemployment;
• For those currently in school, ensuring that you do not fall below a full course of study unless you have been authorized to do so by your DSO;
• Departing the United States after your course of study or program (as indicated on your I-20 or DS-2019) has been completed, but not to exceed four years, and before any authorized grace period has lapsed (or filing an extension or change of status request during that time) if you were admitted before September 15, 2026, and your I-94 is annotated for duration of status or “D/S”; 
• Departing the United States before the expiration of your Form I-94, if you were admitted to the United States on or after the effective date of the new rule such that your I-94 reflects a specific expiration date (unless a timely extension or change of status request is filed);
• Making sure that dependent family members do not work without authorization or otherwise violate program rules; and
• Meeting all other Student and Exchange Visitor Program (SEVP) rules.

For I nonimmigrants, maintaining your status means:

• Ensuring you do not engage in employment other than that specifically authorized for your I nonimmigrant assignment;
• Departing the United States on the earlier of the end of your authorized assignment or 240 days from the September 15, 2026 effective date of the new rules (or 90 days from the effective date, for PRC passport holders other than Hong Kong or Macau SAR passports), if you were admitted before September 15, 2026 and your current I-94 is annotated for duration of status or “D/S”;
• Departing the United States before the expiration of your Form I-94, if you were admitted to the United States on or after September 15, 2026, such that your I-94 reflects a specific expiration date;
• Making sure dependent family members do not work without authorization or otherwise violate program rules.

5.3       How does the rule affect the ability of F-1 students to change academic programs or majors?

Under the new regulation, F-1 students below the graduate school level may not change 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, for example, if the school closes or is unable for a prolonged period to hold classes because of a natural disaster.

F-1 graduate students may not change programs, majors, or educational levels at any time during their program of study. Graduate students may not transfer to a new school during their program of study unless they can show exceptional circumstances.

The final rule also prohibits F-1 foreign students who have completed a course of study at a particular educational level from undertaking a program at the same or a lower educational level. The rule contains an exception, however, for those who completed a program before the regulation takes effect on September 15, 2026; these individuals may be eligible to engage in a program at the same or a lower educational level than their previous program of study that was completed prior to the September 15 effective date of the new rules.

Note that the final regulation gives the Department of Homeland Security the authority to delay or suspend the restrictions on changing programs or majors, or studying at the same or a lower academic level as a previous course of study, if the agency determines that it is not feasible for technical or other reasons to implement these provisions. Any delay or suspension would be announced on the Student and Exchange Visitor Program (SEVP) website.

5.4       Does the new regulation limit eligibility criteria or the types of activities that I nonimmigrants may engage in?

For purposes of qualifying as a representative of foreign media, the regulation clarifies 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. Activities pursued for entertainment purposes, such as performing or appearing on reality television programs, generally do not qualify for I classification.

If you have any questions about the new rules for F, J, and I nonimmigrants, please contact your designated Fragomen representative. Fragomen will provide updates on the new regulation as new government guidance is issued.