USCIS published a new rule for F-1 (university students) and J-1 (exchange visitors) visa holders that will require them to keep a close watch on their immigration status. The rule goes into effect September 15, 2026 and will have a phase-in period for individuals who already are in the United States at that time.
Under the current rules, university students and exchange visitors receive a period of stay in the U.S. known as “Duration of Status.” What that means is that as long as they are complying with the terms of their visas, they are in lawful status. For F-1 students, they receive a Form I-20 showing the program of study and projected completion date. For J-1 exchange visitors, they receive a Form DS-2019 showing the program and validity dates. F-1 students receive a grace period of 60 days after completing their program or approved work authorization (Optional Practical Training), in which to leave the country or apply to change and extend their stay. J-1 exchange visitors have a 30-day grace period following their program completion.
For both grace periods, the final end date is not recorded on their I-94 Departure Record, which is the document from Customs and Border Protection stating by which date they need to leave the country or apply for an extension of stay. The I-94 simply has “D/S” for Duration of Status. The significance of this is that even if F or J visa holders stay beyond the 30- or 60-day grace period and have not been identified by the authorities, they do not start to accrue what is known as “unlawful presence” (i.e. in the U.S. without permission). Once the unlawful presence clock reaches 180 days, a departure from the U.S. results in a three-year ban on returning. After a year, it becomes a ten-year ban. These are known as the three- and ten-year bars.
With this new rule, F and J nonimmigrants will have specific end dates on their I-94 Departure Records. The maximum period will be four years but can be extended in certain circumstances. For F-1 students who receive Optional Practical Training (OPT) work authorization, for example, they can (and will need to) extend their stay for the employment period. At present, F-1 students simply apply for OPT based upon an updated Form I-20 from their university. Now they will need to apply for both the work permit and an extension of their F-1 status. The new procedure will double the amount of work and filing fees for graduating students and come with the need to monitor the end date closely.
Dependent family members (spouses and children under 21) will continue to be eligible for F-2 and J-2 status. Their periods of stay will match the F-1 or J-1 spouse or parent. They also will need to be included in the application for extension of the F-1 or J-1’s application or submit their own applications.
The elimination of Duration of Status is a major shift and will require significant adaptation for existing students and exchange visitors. They will need to remain in close contact with their university international student offices or program sponsors and be sure to submit applications for extensions of status before the end date on their I-94 Departure Records. There are sure to be some growing pains during the transition period.