Update, as of October 2026: This rule has not taken effect. On September 14, 2026, the day before it was set to start, a federal court in Massachusetts blocked it nationwide (Presidents’ Alliance on Higher Education and Immigration v. DHS). The government appealed on September 30, 2026. As of October 2026, “duration of status” (D/S) remains in place. F-1 students, J-1 exchange visitors and their dependents are still admitted for D/S as long as they keep their status, and they do not need to file Form I-539 because of this rule. Check Study in the States and your school’s international office for the latest guidance.
The DHS final rule eliminating D/S for F, J and I visa classifications was set to take effect on September 15, 2026. It would replace D/S with a fixed period of admission and require people who need more time to complete their programs to file Form I-539 with USCIS (or travel abroad and seek reentry) to extend their stay. The sections below explain what the rule would do if an appeals court later allows it to take effect. None of these changes apply as of October 2026.
F and J Visa Holders Present in the U.S. if the Rule Takes Effect
Under the rule’s transition provisions, F-1 students and J-1 exchange visitors physically in the United States in valid status on the rule’s effective date would be allowed to remain until the Program End Date on their current Form I-20 (F-1) or Form DS-2019 (J-1), up to a maximum of four years from the effective date, plus a 60-day grace period for F-1s and a 30-day grace period for J-1s. Because the rule was blocked before September 15, 2026, the effective date, and so these end dates, would depend on what the courts decide.
During that transition period, F-1 students would keep a 60-day grace period after their Program End Date, and J-1 exchange visitors would keep a 30-day grace period. They would not need to file Form I-539 just to benefit from the transition period.
Effect of International Travel on Transition Rules
If the rule takes effect, an F-1 or J-1 nonimmigrant who leaves the United States after the effective date and later returns would be readmitted under the new rules. The I-94 would expire on the Program End Date on the Form I-20, the Employment Authorization Document (EAD) expiration date, or the Form DS-2019 program end date, but no later than four years after reentry. After that reentry, they would receive only a 30-day grace period, so F-1s would lose the 60-day grace period. Once readmitted under the new rules, they would need to file Form I-539 with USCIS, or leave and seek reentry, if they need more time to complete their program, transfer to a new program, or apply for OPT or STEM OPT.
Practical Tips
As of October 2026, nothing changes for current F-1 and J-1 students: you keep D/S as long as you maintain your status. Because the government has appealed, the rule could still take effect later, possibly with little notice.
If you plan to change programs, start a new degree or exchange program, or need more time to complete your current program, work with your school or program sponsor to keep your SEVIS record, Form I-20 or Form DS-2019 up to date.
If you are eligible for OPT or STEM OPT, filing Form I-765 when you first become eligible may reduce the chance that you would also need to file Form I-539 if the rule later takes effect.
If you plan international travel, check the status of the case with your school’s international office before you leave, since the transition rules treat people differently depending on when they reenter.
This page provides general information and is not legal advice. Every case is different; speak with an attorney about your situation.
