- Effective September 15, 2026, DHS has ended “Duration of Status” (D/S) for F, J, and I nonimmigrants, replacing it with a fixed “Admit Until Date” (AUD) period of admission.
- F, J and I nonimmigrants are now subject to admission standards and fixed time limits. Key changes, as applied to each affected nonimmigrant category, are as follows:
F-1 Students:
- Replaces open-ended “duration of status” (D/S) admission with a fixed Admit Until Date (AUD) on Form I-94, tied to the program and any authorized practical training;
- Requires formal extension-of-stay (EOS) filings with USCIS in order to continue in the academic program, OPT, STEM OPT, or other authorized activities beyond the initial AUD;
- Clarifies evidentiary requirements for EOS, including proof of continued full-time study or training, school standing, and financial support;
- Adjusts rules for brief trips to contiguous territory/adjacent islands so reentry and maintenance of F-1 status operate under the new fixed-period framework rather than D/S;
- Includes short-term transitional relief from EOS filing in limited employment-authorization contexts during the initial six-month implementation window.
J-1 Exchange Visitors
- Eliminates D/S notation for J-1 and sets fixed AUD periods of admission on I-94, aligned with the DS-2019 and program category, rather than program-length plus D/S;
- Requires EOS filings with USCIS to stay beyond the AUD for extended programs or academic training, with documentation from the sponsor confirming ongoing program participation and funding;
- Aligns short travel/reentry rules (e.g., automatic revalidation scenarios) with the fixed AUD system for J-1s and their J-2 dependents;
- Clarifies that maintaining J-1 status will now be checked periodically through EOS adjudications, not solely through SEVIS and sponsor monitoring.
I Representatives of Foreign Media
- Replaces D/S for I nonimmigrants with a fixed AUD on I-94, ending open-ended admission tied only to ongoing qualifying media activities;
- Requires periodic EOS applications to USCIS to continue in I status beyond the initial AUD, with evidence of ongoing qualifying employment and accreditation as foreign media;
- Subjects I nonimmigrants to the same regular DHS vetting/oversight rationale applied to F and J, to address perceived fraud and national security risks from long, minimally supervised stays.
Summary of Rule and Related Public Commentary
The Department of Homeland Security (DHS) has issued a final rule, effective September 15, 2026, eliminating “duration of status” (D/S) for F, J, and I nonimmigrants and replacing it with fixed periods of admission plus a formal extension-of-stay (EOS) process to be adjudicated by DHS. DHS’s stated aim is to close perceived vulnerabilities in the D/S framework that allow some students, exchange visitors, and foreign media representatives to remain in the United States for lengthy periods with limited direct DHS oversight, potentially facilitating status violations, fraud, and national security risks. The rule amends the governing regulations (8 C.F.R. 214.1 and related provisions), describing new admission standards, clarifying evidence requirements for EOS, and updating cross-references for reentry after short trips to contiguous territories or adjacent islands.
Under the new framework, F, J, and I nonimmigrants are admitted for a defined time period (reflected as an “Admit Until Date” or AUD) instead of an open-ended D/S notation, and must affirmatively apply to USCIS for an extension of status (EOS) to continue their programs, post-completion training, or related activities beyond the AUD. DHS has emphasized that periodic review through the EOS process will improve its ability to confirm that nonimmigrants are engaged only in authorized activities, detect and deter fraud and abuse, and respond to national security concerns while still allowing bona fide students and exchange visitors sufficient flexibility to complete their programs and pursue further opportunities.
The rule has generated extensive public comment, with some stakeholders supporting it as a necessary modernization that promotes compliance, protects American students and workers, and strengthens the integrity and reputation of U.S. educational and exchange programs. Others raised concerns about increased bureaucracy, filing burdens, risks of inadvertent unlawful presence, and disproportionate impacts on vulnerable student populations and institutions, especially given the anticipated surge in extension filings. While acknowledging the raised concerns, DHS concluded that the benefits of fixed time limits, clearer compliance monitoring, and enhanced oversight outweigh the burdens, and it committed to issuing detailed implementation guidance and training to mitigate disruption.
