07/17/2026
*CLIENT ALERT: DHS Ends “Duration of Status” for F, J, and I Nonimmigrants*
_Final Rule: 91 FR (July 17, 2026) · 8 CFR Parts 214, 248 & 274a · RIN 1653-AA95
Effective 60 days (September 15, 2026) from July 17, 2026._
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As per the new rules, F-1 students, J exchange visitors, and I foreign media representatives will no longer be admitted for “duration of status.” They will instead receive a date-certain admission — for F and J, up to the program end date on the Form I-20 or DS-2019, capped at four years — and must file an extension of stay (EOS) with USCIS, or depart and seek readmission, to remain beyond that date. Unlawful presence will begin to accrue the day after the admission period expires, fundamentally changing 3- and 10-year bar exposure for these populations.
*Changes Made as Per the Final Rule:*
• *Fixed admission periods*. F-1 and J-1 nonimmigrants are admitted to their I-20/DS-2019 program end date, not to exceed 4 years, plus a 30-day pre-program arrival window and a 30-day departure period (reduced from 60 days for new F admissions). The 4-year clock runs from the program start date, and the arrival and departure windows do not count against it.
• *Extension of stay through USCIS.* Remaining beyond the admitted period requires a Form I-539 EOS filed with USCIS — with biometrics, possible interviews, discretionary adjudication, and no administrative appeal — or departure and readmission through CBP on a valid I-20/DS-2019. Premium processing for the I-539 remains only under consideration.
• *Dependents.* F-2/J-2 admission may not exceed the principal’s authorized period, and dependents must file their own EOS applications to remain.
• *I nonimmigrants*. Admission for the duration of the assignment, capped at 240 days (90 days for PRC passport holders, excluding Hong Kong and Macau SAR), with EOS available. The rule codifies the definition of a foreign media organization and updates the evidentiary requirements.
• *Unlawful presence.* Accrual begins the day after the I-94 date passes or after an EOS denial (with an expectation of immediate departure), rather than only after a formal USCIS or IJ status-violation finding.
• *Severability.* DHS added a severability clause so remaining provisions survive if any portion is enjoined.
*Key Changes to the F-1 Program:*
• *Study and work during a pending EOS*. A timely filed EOS authorizes continued full-time study until adjudication. CPT, on-campus employment, and severe-economic-hardship off-campus employment auto-extend for up to 240 days after the admission period expires. An EOS filed during the 30-day departure window receives no employment auto-extension — the student may only study and must await approval before continuing or beginning CPT or other employment.
•* Transfer and program-change restrictions.* Students below the graduate level may not transfer or change educational objectives during the first academic year absent an SEVP-authorized exception. Graduate-level students may not change educational objectives at any point and may not transfer absent SEVP-authorized extenuating circumstances. After completing a program, a student may only progress to a higher educational level — same-level or lower-level programs are barred. DHS may delay these provisions for up to two years from the effective date.
• *Program-length limits*. English language training students are capped at an aggregate 24 months, including breaks and vacations. Delays from academic probation, suspension, or repeated failure to complete coursework are generally unacceptable grounds for a program extension.
• *Early completion or withdrawal*. A student who ends study or training early must, with any dependents, depart or act to maintain lawful status within 30 days of the end date. A student who fails to maintain status receives no departure period at all.
• *OPT/STEM OPT and travel.* Outside the transition window, post-completion OPT and STEM OPT will require both the Form I-765 and a Form I-539 EOS, because OPT extends beyond the admitted period. The STEM OPT 180-day EAD auto-extension is preserved. Students on or seeking OPT may be admitted after travel to the later of the EAD expiration or the DSO-recommended OPT end date, plus 30 days; travelers with a pending I-765 should carry the I-797 receipt notice and the endorsed I-20.
•* H-1B cap-gap preserved*. DHS confirms the rule does not modify cap-gap: eligible F-1 beneficiaries of timely filed cap-subject H-1B petitions retain the automatic extension of status and work authorization through April 1 of the relevant fiscal year, or the petition’s validity start date.
*Departing While an EOS Is Pending:*
Departure while an EOS is pending does not automatically abandon the application — but the manner of readmission controls the outcome:
• If CBP admits the traveler on a new I-20/DS-2019 after the prior period expired (or for the full new program length), the pending EOS is deemed abandoned and the CBP admit-until date governs.
• If CBP admits the traveler only for the balance of the previously authorized period, the EOS survives and USCIS may grant a new period on approval. Travelers should carry the EOS receipt notice to facilitate this outcome.
• Employment authorization applications (Form I-765) are not abandoned by departure, but any approved EAD will not extend beyond the fixed admission date set by CBP — and RFEs must still be answered on time from abroad.
This means, for all D/S individuals, that any international travel after the effective date converts them to a fixed-date admission with a 30-day (not 60-day) departure period; that readmission on a new I-20/DS-2019 abandons the EOS; and that individuals should carry the EOS receipt notice and understand which admission period to request at the port of entry.
In addition to the above, individuals traveling with a pending I-765 should confirm a reliable U.S. address and RFE-monitoring arrangements before departure.
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J Exchange Visitors and I Media Representatives:*
• *J-1*. Admission to the DS-2019 end date, capped at 4 years — research scholars (5-year programs) and alien physicians (7-year programs) will need a mid-program EOS. Program activities, including authorized training, may continue for the entire pendency of a timely filed EOS; employment incident to status continues up to 240 days under 8 CFR 274a.12(b)(20). If a program end date is shortened, the J-1 and J-2 dependents must depart or act within 30 days of the new end date. The two-year home-residency requirement is unaffected.
• *J-2.** J-2 employment ends when the EAD expires; there is no automatic extension while a renewal is pending.
• I. *Fixed admission up to 240 days (90 for PRC passport holders other than HK/Macau SAR). Work for the foreign employer continues up to 240 days (90 for PRC) during a timely filed EOS. If an EOS is denied, work must cease and departure is expected immediately.
*Transition Rules for Individuals Currently in D/S:*
• *Automatic conversion, no filing needed*. F and J nonimmigrants validly maintaining D/S status on the effective date may remain — without filing anything — until the program end date on the I-20/DS-2019 valid on that date, capped at 4 years from the effective date, plus the legacy grace periods (60 days for F; 30 days for J). The 4-year cap is measured from the rule’s effective date, not from program start: time already spent in the U.S. does not count against it.
• *Travel converts status.* Any departure and readmission after the effective date places the client on a new fixed-date admission with the 30-day departure period.
•* Six-month OPT reprieve.* F-1s in the U.S. who timely file for post-completion OPT or a STEM OPT extension within the first 6 months after the effective date need only the I-765 — no I-539. DHS may extend this window in 6-month increments by Federal Register notice. Students who depart before filing and are readmitted on a fixed date must file both the I-765 and the I-539.
• *Pending applications honored.* Employment authorization applications pending on the effective date need not be refiled. If approved, the F-1 may remain until the EAD expires plus 60 days; if denied, until the I-20 program end date plus 60 days, provided status is otherwise maintained.
•* I nonimmigrants.* Those maintaining D/S status on the effective date receive an automatic runway of up to 240 days (90 for PRC passport holders), calculated from the effective date, and may file an EOS for more time.
• *Exclusions.* Transition protections do not apply to anyone outside the U.S. on the effective date or anyone in violation of status.
We are advising affected clients on admission-period planning, EOS strategy, and travel timing ahead of the September 16, 2026 effective date. Please contact our office to discuss how this rule affects your matter.
Thank you,
BBI Law Group, P.C.
12901 Worldgate Drive, Suite 205
Herndon, VA 20170
www.BBILawGroup.com
_This Client Alert is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Rules and effective dates may change; please consult BBI Law Group, P.C. regarding your specific circumstances
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