top of page

DHS Set to End “Duration of Status” for F, J, and I Visas: Fixed Stay Periods Coming for International Students, Exchange Visitors, and Media Representatives

  • Writer: VISASUPDATE
    VISASUPDATE
  • 2 days ago
  • 3 min read

Updated: 1 day ago

Washington D.C., May 7, 2026 — The Department of Homeland Security (DHS) is finalizing a major regulation that would eliminate the longstanding “Duration of Status” (D/S) policy for F (international students), J (exchange visitors), and I (foreign media) nonimmigrants and their dependents.

Once implemented, these categories would receive a specific expiration date upon admission, similar to most other nonimmigrant visas. Individuals needing to stay longer would have to file an extension of stay with USCIS and undergo biometrics.

DHS seal, broken clock symbol, graduation cap, globe, microphone, 30-day grace period, unlawful presence warning, extension required document, no travel icon.
DHS to end "Duration of Status" for F, J, I visas – fixed stay periods, stricter rules.

What the Proposed Rule Would Change

If finalized as expected:

  • Fixed Period of Stay: F, J, and I visa holders would be admitted for a defined period instead of “Duration of Status.” They must apply for extensions to continue their program, employment, or assignment beyond that date.

  • Unlawful Presence Clock: Unlawful presence would begin accruing immediately after the authorized stay expires (rather than only after a formal finding of status violation by USCIS or an immigration judge). This significantly raises the stakes for overstaying and could trigger 3- or 10-year re-entry bars.

  • More Frequent Filings: A sharp increase in extension of stay applications is expected, which could further strain USCIS processing times.

Other Major Changes Expected

The regulation may also introduce the following:

  • Shorter Grace Period for F-1 Students: Reduced from the current 60 days to 30 days after program completion or OPT/STEM OPT.

  • Restrictions on Changing Programs/Majors: F-1 undergraduates could be barred from changing programs, majors, or education levels in the first year (with limited exceptions). Graduate students may be entirely prohibited from changing programs or levels. Same-level or lower-level study after completion could also be restricted.

  • International Travel Rules:

    • Travel while an extension is pending could result in readmission for the remaining time on the previous admission or abandonment of the extension.

    • Change of status applications would be deemed abandoned if the applicant travels abroad while the petition is pending.

  • I Visa Clarification: Media representatives must work for a foreign-based organization engaged in genuine journalistic activities. Entertainment-focused roles (e.g., reality TV) would generally not qualify.

It remains unclear whether the final rule will also remove the current policy of giving deference to prior USCIS approvals in nonimmigrant extensions.

Timeline and Next Steps

The final rule has completed Office of Management and Budget (OMB) review and is expected to be published in the Federal Register soon, with an effective date 30 to 60 days after publication.

Applications already pending or approved under the current D/S policy will likely continue under existing rules until the new regulation takes effect.

Impact on International Students, Employers, and Sponsors

  • Students & Exchange Visitors: Greater need for proactive planning, timely extensions, and careful travel management. Risk of accruing unlawful presence increases significantly.

  • Schools & Sponsors: Increased administrative workload for monitoring fixed stay periods and supporting extension filings.

  • Employers: OPT/STEM OPT employers and J program sponsors will need stronger compliance procedures.

  • Overall: Expect more filings, longer USCIS backlogs, and higher compliance burdens.

Practical Advice for Affected Parties

  1. Monitor Official Announcements — Watch for publication in the Federal Register.

  2. File Extensions Early — Do not wait until close to your current admission end date.

  3. Plan Travel Carefully — Avoid international travel while extensions or changes of status are pending unless necessary.

  4. Maintain Valid Status — Keep SEVIS records accurate and ensure timely reporting of changes.

  5. Consult Professionals — Speak with an immigration attorney or your school’s international office for personalized guidance.

For the latest USCIS updates, F-1 and J visa guidance, extension of stay strategies, and full 2026 U.S. immigration policy changes, explore our complete collection here: USA Visa & Immigration Updates

The anticipated end of “Duration of Status” for F, J, and I categories represents one of the most significant shifts in U.S. nonimmigrant policy in recent years. Once finalized, the rule will require international students, exchange visitors, and media representatives to manage their stay much more carefully to avoid unlawful presence and maintain legal status in the United States.


Comments


  • Facebook
  • Twitter
  • LinkedIn
bottom of page