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Big changes are coming for international students and exchange visitors in the U.S. On July 17, 2026, the Department of Homeland Security published a final rule that eliminates the longstanding “Duration of Status” (D/S) category for F-1 and J-1 visa holders — effective September 15, 2026. What replaces it? A fixed I-94 admission period tied to your program end date, plus a 30-day grace period. That’s it. If you’re an F-1 student, J-1 exchange visitor, or an F-2 or J-2 dependent, this change affects you directly. Acting now — not later — could be the difference between maintaining lawful status and facing serious immigration consequences. Our team at Tez Law P.C. is ready to help. Learn more about our immigration services and how we can protect your status through this transition.
Background: What Is Duration of Status — and Why Is It Changing?
For decades, F-1 and J-1 visa holders entered the U.S. with an I-94 stamped “D/S” — Duration of Status. That meant you were authorized to stay for the length of your program, plus any practical training periods, with no specific departure date on your entry record. Sounds flexible, right? The problem is it created real ambiguity. When exactly does a student’s authorized stay end? Neither students nor immigration officers always had a clear answer. That made it hard to track lawful presence and program compliance — and it left a lot of people vulnerable without even knowing it. Under the new rule taking effect September 15, 2026, that open-ended system ends. Every F-1 and J-1 nonimmigrant — along with F-2 and J-2 dependents — will now receive a fixed I-94 expiration date based on the program end date in their Form I-20 or DS-2019, plus 30 days. Once that date passes, your authorized stay is over. No exceptions. No automatic extensions tied to program status alone.
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This is not merely a paperwork adjustment. It is a structural overhaul that aligns F and J admissions more closely with other nonimmigrant visa categories, such as H-1B or L-1, where overstaying an I-94 immediately triggers unlawful presence and can trigger three- or ten-year bars on reentry. The stakes could not be higher for the hundreds of thousands of international students currently enrolled in U.S. institutions.
How This Affects F-1 Students, J-1 Exchange Visitors, and Their Families
The practical consequences of this rule are sweeping and affect every stage of a student’s or exchange visitor’s time in the United States:
- Fixed departure deadlines: Your I-94 will now show a hard expiration date — your program end date plus 30 days. Remaining in the U.S. beyond that date without authorization constitutes unlawful presence, which can trigger serious immigration bars.
- Program extensions require USCIS action: If your academic program is extended — due to a change in major, thesis delays, additional coursework, or any other reason — you will need to file a formal extension of stay with USCIS before your current I-94 expires. Relying on your Designated School Official (DSO) to update your I-20 is no longer sufficient to maintain lawful status on its own.
- Optional Practical Training (OPT) and Academic Training (AT): Students and exchange visitors authorized for OPT or Academic Training must pay close attention to how their I-94 dates interact with their training authorization periods. Any gap could result in unlawful presence accrual.
- Dependents (F-2 and J-2): Spouses and children in F-2 or J-2 status will receive their own fixed I-94 dates and must independently track and manage their status alongside the primary visa holder.
- Travel risks: Returning from international travel after September 15, 2026 will result in a new fixed I-94 date, not a D/S designation — meaning students must be acutely aware of their program end dates before departing and upon return.
- Cap-gap implications: F-1 students in the H-1B cap-gap period must monitor how this rule interacts with their existing employment authorization to avoid unintended status gaps.
In short, the informal safety net that D/S provided — where a student who stayed connected to their school program was generally considered in status — is gone. International students must now track their immigration status with the same precision expected of any other nonimmigrant visa category.
What You Should Do Right Now
If you or someone you know holds F-1, F-2, J-1, or J-2 status, the time to act is now — not after September 15, 2026. Here are the concrete steps you should take immediately:
- Locate and review your current I-20 or DS-2019: Confirm your program end date. This date, plus 30 days, will become your I-94 expiration date after the rule takes effect. Make sure your program end date accurately reflects your expected completion timeline.
- Contact your Designated School Official (DSO) or Responsible Officer (RO): If your program end date needs to be extended, initiate that process at your institution immediately. An updated I-20 or DS-2019 is the foundation for any USCIS extension filing.
- Prepare to file a USCIS extension if needed: Unlike the old D/S system, program extensions will now require a formal USCIS filing. USCIS processing times can take months — filing well before your I-94 expiration date is critical to maintaining lawful status and preserving your work and study authorization.
- Audit your travel plans: If you plan to travel internationally, understand that your new I-94 upon reentry will reflect a fixed date. Plan accordingly and consult an immigration attorney before any international travel.
- Consult an immigration attorney immediately: Given the complexity of these changes and the serious consequences of overstaying — including unlawful presence bars — speaking with a qualified immigration attorney is not optional, it is essential. Schedule a free consultation with Tez Law P.C. today.
Why Choose Tez Law P.C. for Your Immigration Needs
At Tez Law P.C., Managing Attorney JJ Zhang (California Bar #326666) leads a dedicated immigration practice that serves clients across the entire United States. We understand that immigration law is not static — it shifts with new rules, court decisions, and agency policy changes, often with little warning and enormous personal consequences for those affected. The elimination of Duration of Status is precisely the kind of sweeping regulatory change where having an experienced, proactive legal team in your corner makes all the difference.
We help international students, exchange visitors, families, and professionals navigate complex immigration procedures with clarity and confidence. From USCIS extension filings and OPT/CPT authorization issues to visa renewals and status corrections, our team brings practical experience and genuine care to every case. We handle immigration matters nationwide, so no matter where you are studying or working in the United States, Tez Law is ready to help. Explore our full range of immigration services or reach out today to get started.
Frequently Asked Questions
What happens if my I-94 expires before I finish my degree program after September 15, 2026?
If your I-94 expiration date passes before you complete your program, you will begin accruing unlawful presence in the United States — which can trigger three- or ten-year bars on future reentry. You must file a USCIS extension of stay before your I-94 expires. Do not wait until the last minute. If you believe your program may extend beyond your current I-20 or DS-2019 end date, contact your DSO and an immigration attorney immediately to initiate the extension process well in advance.
Does this rule apply to students and exchange visitors already in the United States before September 15, 2026?
Yes. The rule applies to all F and J nonimmigrants, including those already present in the United States as of the effective date of September 15, 2026. Students and exchange visitors who currently hold D/S designations on their I-94s will need to understand how the transition affects their specific situation — particularly when they next travel internationally and receive a new I-94, or when their program is extended. Consulting with an immigration attorney before the effective date is strongly recommended to assess your individual circumstances and avoid any unintended status issues.
Will I need to file with USCIS every time my program end date is extended?
Under the new rule, yes — program extensions that push your stay beyond your current I-94 expiration date will require a formal USCIS extension of stay filing, not just an updated I-20 or DS-2019 from your school. This is a significant departure from the old Duration of Status system, where a DSO’s update to your I-20 was generally sufficient to reflect continued authorized status. USCIS processing times vary and can be lengthy, so it is critical to file as early as possible — ideally several months before your I-94 expires — to maintain continuous lawful status and avoid any lapse in work or study authorization.
The elimination of Duration of Status is one of the most significant changes to F and J visa administration in a generation, and the September 15, 2026 effective date is approaching fast. Whether you are a student, an exchange visitor, a university administrator, or a family member of someone in F or J status, now is the time to get informed and get prepared. At Tez Law P.C., we are ready to help you understand your options, protect your status, and navigate this transition with confidence. Contact us today for a free consultation — our immigration team serves clients across the entire United States and is standing by to assist you.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Contact Tez Law P.C. at 626-678-8677 or [email protected] for advice specific to your situation. Results may vary.