DHS Publishes Final Rule on Elimination of Duration of Status for F-1 International Students, J-1 Exchange Visitors, and I-1 Representatives of Foreign Media

Today DHS published a Final Rule in the Federal Register on Elimination of Duration of Status (D/S) and establishing a fixed time period of admission for F-1, F-2, J-1, J-2, I-1 visa holders and sets procedure for extension of F status . The U.S. Department of Homeland Security (DHS) published a final rule in the Federal Register, "Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media."

The final rule takes effect on Sept. 15, 2026. F-1 International Students, J-1 Exchange Visitors will be admitted to the United States for a fixed period of time instead of duration of status. This fixed period of time is based on the length of a student’s program of study listed on their Form I-20, Certificate of Eligibility for Nonimmigrant Student Status or program listed on Form DS–2019 not to exceed four years, plus a 30-day period for arrival and an additional 30-day period for departure.

Extension of F, J or I status in the U.S. or obtaining visa extension abroad

F-1 International Students
Students who need additional time to complete their program of study, begin a new program of study, or to engage in post-completion optional practical training (OPT) or science, technology, engineering and mathematics (STEM) OPT must apply for an extension of stay with U.S. Citizenship and Immigration Services (USCIS) or depart the United States and obtain a new period of admission upon reentry. F students in the United States admitted with duration of status prior to Sept. 15, 2026, can remain in the United States until the Program End Date listed on their Form I-20 or the end of their post-completion OPT or STEM OPT extension, not to exceed Nov. 14, 2030 (four years, plus a 60-day departure period).

I-1 Representatives of Foreign media organization
A foreign information media organization is an organization engaged in the regular gathering, production, or dissemination via print, radio, television, internet distribution, or other media, of journalistic information and has a home office in a foreign country.

Evidence to submit while applying for I nonimmigrant status:

1. Demonstrate that the foreign media organization that the alien represents has a home office in a foreign country, and that the home office will continue to operate in the foreign country while the alien is in the United States; and
2. Provide a letter from the employing foreign media organization or, if self-employed or freelancing, an attestation from the alien, that verifies the employment, establishes that the alien is a representative of that media organization, and describes the remuneration and work to be performed.

Duration of I-1 admission period 

• Generally, admission in I nonimmigrant status may be admitted for a period of time necessary to complete the planned activities or assignments consistent with the I classification, not to exceed 240 days unless exception applies.
• Foreign nationals travelling on a passport issued by the People’s Republic of China (with the exception of Hong Kong Special Administrative Region passport holders and Macau Special Administrative Region passport holders). An alien who presents a passport from the People’s Republic of China (with the exception of Hong Kong Special Administrative Region passport holders and Macau Special Administrative Region passport holders), may be admitted until the activities or assignments consistent with the I classification are completed, not to exceed 90 days. 

Extensions of I-1 status in the U.S.

• I nonimmigrant status holders may be eligible for extensions of stay, each of up to 240 days or until the activities or assignments consistent with the I classification are completed, whichever is shorter.
• Person who present a passport from the People’s Republic of China, with the exception of Hong Kong Special Administrative Region passport holders and Macau Special Administrative Region passport holders, who may be eligible for extensions of stay, each up to 90 days or until the activities or assignments consistent with the I classification are completed, whichever is shorter).

Period of Status for J–1 exchange visitor and J–2 spouse and unmarried children under 21

J-1 and J-2 may be admitted for a period up to 30 days before the report date or start of the approved program listed on Form DS–2019 or successor form and they can remain in the United States for a period of 30 days from the program end date or the 4-year maximum period of admission, whichever is earlier, for the purposes of departure or to otherwise seek to maintain lawful status.

Other changes on F change of education level, change of major, student transfer to a new school
The final rule also introduces new requirements related to F change of education level, change of major, student transfer to a new school and the departure period following completion of a program of study.

School transfer and change of educational objectives—

An F–1 student may change educational objectives or transfer to SEVP-certified schools if he or she is maintaining status. ‘‘Educational objectives’’ refers to an F–1 student’s educational level or major. An F–1
student changing educational objectives or transferring to an SEVP-certified school also must meet the following requirements:

1. The student is currently maintaining status;
2. To be eligible to transfer, the student must:
   • (1) Have been pursuing a full course of study, unless a reduced course load was properly authorized;
   • (2) Have completed a degree program; or
   • (3) Be currently completing or have completed post-completion or STEM optional practical training (OPT);
3. The student is not currently in a graduate level program of study, unless an exception has been authorized by SEVP for extenuating circumstances;
4. The student has completed his or her first academic year of a program of study at the school that initially issued his or her Form I–20 or successor form, unless an exception has been authorized by SEVP for extenuating circumstances;
5. The student has not been placed on academic probation or school suspension;
6. The student does not have a pattern of behavior demonstrating a repeated inability or unwillingness to complete his or her course of study;
7. The student will begin classes at the transfer school or program within 5 months of transferring out of the current school or within 5 months of the program completion date on his or her current Form I–20, or successor form, whichever is earlier; and
8. If the F–1 student is authorized to engage in post-completion or STEM OPT, he or she must be able to begin or resume classes within 5 months of transferring out of the school that recommended the post-completion or STEM OPT or the date the postcompletion or STEM OPT authorization ends, whichever is earlier.

Transfer procedure

• An F–1 student must first notify the student’s current school (‘‘transfer-out school’’) of the intent to transfer and indicate the school to which the student intends to transfer (the ‘‘transfer-in school’’).
• Upon notification by the student, the transferout school will update the student’s record in SEVIS as a ‘‘transfer-out’’ and indicate the transfer-in school and a release date.
• The release date will be the current semester or session completion date, or the date of expected transfer if earlier than the completion date of the established academic cycle.
• The transfer-out school will retain control over the student’s record in SEVIS until the student completes the current term or reaches the release date, whichever is earlier.
• At the request of the student, the designated school official of the current school may cancel the transfer request at any time prior to the release date.
• As of the release date specified by the current designated school official, the transferin school will be granted full access to the student’s SEVIS record and then becomes responsible for that student.
• The student should then obtain a valid Form I–20 or successor form from the transfer-in school.

Extension of stay

If the new program to which the student transferred will not be completed within the authorized period of stay established, the F–1 student must apply to USCIS for an extension of stay in the manner and using the form designated by USCIS, with the required fee and in accordance with form instructions, including any biometrics required together with a valid, properly endorsed Form I–20 or successor form indicating the new program end date. Upon approval of the extension of stay application, USCIS will transmit the approval to SEVIS. If the application is denied, the student is out of status, and the student’s record must be terminated in SEVIS.

Change of education level procedures.

• An F–1 student must first notify the student’s current school of the intent to change of education level.
• Upon notification by the student, the school will update the student’s record in SEVIS change of education level and indicate the program start date.
• The program start date will be the current semester or session completion date, or the date of change of level if earlier than the completion date of the established academic cycle.

Extension of stay for postcompletion optional practical training (OPT)

An F–1 student recommended for post-completion OPT must apply for an employment authorization and either apply for an extension of stay with USCIS or seek admission through CBP after travel abroad and may not engage in postcompletion OPT unless such employment authorization is granted. If the application for post-completion OPT is granted along with an extension of stay or admission through CBP after travel abroad, the student extension will include the additional 30-day period for departure following the expiration of the time approved to complete post-completion OPT.

(last updated July 17, 2026)

Note: This is a blog post by Adhikari Law PLLC and should NOT be construed as a legal advice. Changes in immigration policies and procedures are complex and may require a consultation with an experienced immigration lawyer.

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