DHS Publishes Final Rule Replacing Duration of Status With Fixed Admission Periods for F, J, and I Nonimmigrants

Short summary

DHS issued a final rule on July 17, 2026 replacing the open-ended "duration of status" framework for F, J, and I nonimmigrants with fixed admission periods of up to four years for F-1 and J-1 holders and up to 240 days for I nonimmigrants, effective September 15, 2026. Nonimmigrants needing to stay beyond their authorized period must now file extension-of-stay applications with USCIS, submit biometrics, and prove continued eligibility. Employers of F-1 OPT/STEM OPT workers and J-1 exchange visitors should track I-94 expiration dates and file timely extensions to avoid unlawful presence consequences.

• •DHS replaces duration-of-status with fixed admission periods: up to 4 years for F-1/J-1, 240 days for I nonimmigrants
• •Extensions now require USCIS Form I-539 filing, biometrics, and proof of continued eligibility
• •Employers must monitor I-94 dates for F-1 OPT/STEM OPT and J-1 workers to avoid unlawful presence

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