DHS final rule eliminating “duration of status” (D/S) for F, J, and I visa classifications takes effect on September 15, 2026. This rule imposes a fixed period of admission and requires those who need additional time to complete their programs to file Form I-539 with USCIS (or travel abroad and seek reentry) to extend their period of authorized stay.
F and J Visa Holders Present in the U.S. on Effective Date
Under the new rules eliminating D/S, F-1 students and J-1 exchange visitors physically in the United States in valid status on the rule’s effective date, September 15, 2026, will be allowed to remain in the United States until the Program End Date listed on their current Form I-20 (for F-1s) or Form DS-2019 (for J-1s), up to a maximum of four years from the rule’s effective date (i.e. until September 15, 2030) plus a 60-day grace period for F-1s (i.e. until November 14, 2030) and a 30-day grace period for J-1s (i.e. until October 15, 2030).
During this transition period, F-1 students retain a 60-day grace period after their Program End Date, and J-1 exchange visitors retain a 30-day grace period. They do not need to file Form I-539 with USCIS just to benefit from this transition period.
Effect of International Travel on Transition Rules
If an F-1 or J-1 nonimmigrant who is in valid status on September 15, 2026, departs the United States after that date and later returns, they will be readmitted under the new rules with an I-94 that expires on the Program End Date on their Form I-20, Employment Authorization Document (EAD) expiration date, or Form DS-2019 program end date, but no later than four-years after their date of re-entry. After such reentry, they will only receive a 30-day grace period, meaning that F-1s will lose their eligibility for a 60-day grace period because of international travel and reentry. Once readmitted under these new rules, F-1 and J-1 nonimmigrants will need to file extension of stay applications on Form I-539 with USCIS or leave the country and seek reentry for a new authorized period of stay, if they need more time to complete their program, transfer to a new program, apply for OPT/STEM OPT, etc.
Practical Tips
F-1 and J-1 nonimmigrants (and their dependents) who plan to travel internationally around the time the rule takes effect should, if possible, return before the effective date (or consider postponing travel) to preserve their transition benefits, including the 60-day grace period for F-1s and a delay in needing to file Form I-539 applications.
Any F-1 or J-1 nonimmigrant already in the United States who plans to change programs, start a new degree or exchange program, or needs more time to complete their current program should work with their school or program sponsor to update their SEVIS record and receive an extended Form I-20 or Form DS-2019 as soon as possible, before the final rule takes effect on September 15, 2026.
Any F-1 student who is eligible to apply for OPT or STEM OPT before September 15, 2026, should do so to reduce the likelihood of needing to file a Form I-539 to extend their stay.
Any F-1 student who is eligible to apply for OPT or STEM OPT before March 18, 2027, should do so as soon as they are eligible to file their Form I-765. Since F-1s can file OPT applications up to 90 days in advance of graduation, F-1 students graduating before June 15, 2027, should be able to file their OPT applications before March 18, 2027, and should do so to avoid also having to file Form I-539 to extend their stay. Thus, most F-1 students graduating in December 2026 and May/June 2027 should be able to take advantage of the transition rule’s delay in having to file Form I-539 applications and should only need to file Form I-765 to apply for OPT.
New incoming F-1 and J-1 nonimmigrants who are able to enter the United States before the rule’s September 15, 2026effective date (within 30 days prior to their Program Start Date on the Form I-20 or Form DS-2019) may benefit from the transition rules, particularly the F-1 60-day grace period and the temporary relief from filing Form I-539 applications.
