DHS Ends “Duration of Status” for F Students and J Exchange Visitors: What Employers Need to Know

The Department of Homeland Security (DHS) recently published a final rule that will replace “duration of status” (D/S) admissions for F-1 students and J-1 exchange visitors with fixed I-94 expiration dates, creating new timing considerations for employers that recruit or employ these individuals. Effective September 15, 2026, F-1 and J-1 nonimmigrants will no longer be admitted to the U.S. for D/S. Instead, these individuals generally will receive an I-94 with a fixed admission end date based on the length of their program, up to a maximum period of four years. Foreign nationals who wish to remain in the U.S. in F-1 or J-1 status beyond that date must apply for an extension of stay (EOS) with U.S. Citizenship and Immigration Services (USCIS), or depart and seek readmission, to avoid accruing unlawful presence. This alert summarizes the key changes and highlights practical considerations for employers that recruit or employ F-1 and J-1 visa holders.

What is the New Rule?

F-1 and J-1 nonimmigrants historically have been admitted into the U.S. for D/S, meaning they could remain in the U.S. for the time required to complete their program and any authorized post-completion employment, provided they continued to comply with the terms and conditions of their nonimmigrant classification. For F-1 students, this period included a 60-day departure grace period. For J-1 exchange visitors, it included a 30-day departure grace period. Because there was no fixed admission end date, F-1 and J-1 nonimmigrants generally did not need to file an EOS with USCIS when a program or post-completion employment period lasted longer than expected. Instead, the school or exchange program sponsor updated the individual’s SEVIS record and issued an updated Form I-20 or DS-2019.

Beginning September 15, 2026, F-1 and J-1 nonimmigrants will be admitted into the U.S. for a fixed period with a specific end date. The admission period will be based on the program length listed on the Form I-20 or DS-2019 and generally will be capped at four years. Shorter admission periods will apply to certain categories, including individuals enrolled in English language programs, attending public high school, or commuting across the border. F-1 and J-1 nonimmigrants will receive 30-day arrival and departure grace periods; neither grace period will count against the four-year maximum admission period. For F-1 students, this represents a reduction from the current 60-day departure grace period. If an F-1 or J-1 nonimmigrant requires additional time to complete a program or engage in authorized activity, the individual must file an EOS with USCIS before the fixed admission period expires.

How Does the New Rule Impact Current F and J Nonimmigrants?

Individuals holding F-1 or J-1 status when the new rule takes effect may remain in the U.S. until the later date of:

• the current program end date listed on the individual’s Form I-20 or DS-2019;
• the end of any post-completion OPT or STEM OPT that is valid on the rule’s effective date; or
• four years from the effective date (September 15, 2030), whichever is earlier, plus the applicable departure grace period (60 days for F nonimmigrants, 30 days for J nonimmigrants).

If these individuals travel internationally after the rule takes effect, they will receive a new fixed-admission I-94 upon re-entry. Individuals who wish to remain in the U.S. beyond the applicable end point, including to begin a new program of study or engage in post-completion OPT or STEM OPT, must file an EOS with USCIS or travel and seek readmission with a new period of admission.

Notably, F-1 students who have a pending OPT or STEM OPT EAD application when the rule takes effect, or who file an OPT or STEM OPT EAD application on or before March 18, 2027 (six months after the effective date), will not need to file a separate EOS for the requested period of OPT or STEM OPT.

Key Considerations for Employers

I-94 Tracking and I-9 Compliance. Because F-1 and J-1 employees will now have a date-certain I-94 that will govern how long the individual is authorized to remain in the U.S., employers should update immigration tracking systems to monitor I-94 expiration dates alongside SEVIS program end dates and EAD expiration dates. For I-9 purposes, when an F-1 employee has timely filed an EOS, the employee’s I-94 or EAD, as applicable, combined with a USCIS receipt notice (Form I-797) confirming the pending EOS, may be treated as unexpired for up to 240 days. Employers should work with counsel to confirm the specific documentation combinations that satisfy I-9 reverification requirements under the new framework.

Recruiting and Onboarding. Employers that recruit F-1 students through OPT or STEM OPT should account for additional filing and approval time. Going forward, students seeking post-completion OPT generally will need to file both an EOS application (Form I-539) and an employment authorization application (Form I-765) with USCIS. Students may not begin new post-completion OPT employment until both applications are approved. This dual-filing requirement may create additional lead time between graduation and work authorization. Employers should build additional time into offer timelines, start-date planning, and onboarding communications. Employers also should coordinate closely with candidates and their designated school officials (DSOs) on filing deadlines. Concurrent filing of Forms I-539 and I-765 is permitted and recommended.

H-1B Cap-Gap. The rule does not modify the existing H-1B cap-gap provisions. F-1 students who are beneficiaries of timely filed, cap-subject H-1B petitions requesting a change of status will continue to receive an automatic extension of F-1 status and any associated employment authorization through April 1 of the applicable fiscal year, or the start date of the approved H-1B petition, whichever is earlier. Employers should still evaluate H-1B sponsorship and cap-gap strategy earlier in the employment lifecycle because fixed I-94 dates may create additional timing pressure.

Potential Litigation. Employers should be aware that the rule may face legal challenges. A prior version of this rulemaking was proposed in 2020 and subsequently withdrawn, and the 2025 proposed rule drew significant opposition, including from a coalition of state attorneys general. Employers should prepare for compliance by the September 15, 2026 effective date as currently scheduled, while also monitoring for judicial developments that could delay or alter implementation.

Bottom Line for Employers

• Track I-94 expiration dates for all F-1 and J-1 employees, in addition to SEVIS program end dates and EAD expiration dates.
• Build I-9 reverification reminders around fixed I-94 dates and timely filed EOS applications.
• Plan earlier for OPT, STEM OPT, and H-1B sponsorship timelines.
• Identify affected employees before September 15, 2026, and communicate filing and travel risks.
• Monitor litigation or agency guidance that could delay or change implementation.

Contact Us

This alert is intended to provide general information and does not constitute legal advice. The impact of this rule will vary depending on each employer’s specific workforce composition and operational circumstances. For guidance tailored to your organization, please contact a member of Honigman’s Immigration Practice Group.