Duration of Status Is Ending: What F, J, and I Visa Holders Need to Know Before September 15

A professional legal setting showing a gavel, a passport with a visa, and a calendar highlighting September 15th, symbolizing the upcoming change in immigration rules.

For decades, international students and exchange visitors in the United States have operated under a flexible immigration framework known as "Duration of Status" (D/S). Unlike most other visa holders who are given a specific expiration date upon entry, those on F, J, and I visas have been allowed to remain in the U.S. for as long as they maintain their program of study or exchange.

However, the Department of Homeland Security (DHS) has officially published a final rule that marks the end of this era. Effective September 15, 2026, the "Duration of Status" framework will be replaced with a system of fixed I-94 expiration dates.

For the thousands of students, researchers, and media professionals, this change represents the most significant shift in immigration policy in recent memory. This guide outlines exactly what you need to know to stay in status and avoid the severe consequences of an unintentional overstay.

The End of "Duration of Status" (D/S)

Under the current system, when an F-1 student or J-1 exchange visitor enters the United States, their Form I-94 (Arrival/Departure Record) is stamped with "D/S." This means their legal stay is tied to the validity of their Form I-20 or DS-2019 and their continued compliance with the terms of their visa. There was no specific "admit until" date on the calendar that they had to watch.

The new DHS final rule eliminates this flexibility. Starting September 15, 2026, every F, J, and I visa holder will be admitted until a specific date written on their I-94. Once that date passes, the individual’s legal status expires, regardless of whether their academic or exchange program is still ongoing.

Who Is Affected?

This rule change is broad in scope and impacts several categories of nonimmigrants currently residing or planning to move to the Mid-Atlantic region:

  1. F-1 Students and F-2 Dependents: Including those in language programs, undergraduate and graduate studies, and those participating in Optional Practical Training (OPT).
  2. J-1 Exchange Visitors and J-2 Dependents: Including research scholars, professors, au pairs, and short-term exchange participants.
  3. I Visa Holders: Foreign media representatives and journalists working for international news organizations.

A group of international students and young professionals representing F-1 and J-1 visa holders, discussing the implications of the new immigration rules in an urban university setting.

The New 4-Year Cap and Fixed Expiration Dates

The most striking feature of the new rule is the implementation of a maximum admission period. For F and J visa holders, the "admit until" date on the I-94 will generally be the earlier of:

  • The program end date listed on the I-20 or DS-2019 (plus a 30-day grace period).
  • A maximum period of four (4) years.

For I-visa holders (foreign media), the stay is even more restricted, generally capped at 240 days (approximately eight months), with even shorter limits for certain passport holders.

Why the 4-Year Cap Matters

In the past, a PhD student might remain in the U.S. for six or seven years under a single D/S designation. Under the new rule, that student will receive an I-94 that expires after four years. To stay longer and complete their degree, they must now proactively file for an Extension of Stay (EOS) with USCIS using Form I-539.

Current D/S Holders: The Transition Period

If you are already in the U.S. on a D/S visa, you do not immediately lose your status on September 15, 2026. However, your stay will be "converted" to a fixed date.

DHS has stated that current D/S holders will be authorized to remain until the program end date listed on their I-20 or DS-2019 that is valid on September 15, not to exceed four years from the effective date.

  • F-1 Students: Program end date + 60-day grace period (capped at 4 years + 60 days).
  • J-1 Visitors: Program end date + 30-day grace period (capped at 4 years + 30 days).

This means if you are in the middle of a long-term program, you must mark your calendar for late 2030 as the absolute "drop-dead" date for your current status, or earlier if your program ends before then.

The "Travel Trap": Re-entry After September 15

One of the most critical aspects to understand is the impact of international travel.

If you leave the United States and re-enter on or after September 15, 2026, you will be subject to the new rules immediately upon re-entry. Customs and Border Protection (CBP) will issue you a new I-94 with a fixed "admit until" date. Even if you previously had "D/S" on your record, it will be replaced by a specific calendar date.

It is vital to check your I-94 online at the official CBP website every single time you return from an international trip. A mistake by a border agent or a misunderstanding of your program end date could lead to an I-94 date that is much sooner than you expect.

A hand preparing a USCIS application and Form I-94, highlighting the meticulous attention to detail required under the new fixed-date immigration system.

Unlawful Presence: Why This Change Is Critical

The elimination of "Duration of Status" isn't just an administrative hurdle; it carries severe legal risks. Under the D/S system, an individual generally did not begin accruing "unlawful presence" (which can lead to 3-year or 10-year bans from the U.S.) unless USCIS or an immigration judge made a formal finding of a status violation.

With fixed I-94 dates, unlawful presence begins to accrue automatically the day after your I-94 expires.

If you lose track of your I-94 date and stay even one day past the deadline, you are technically out of status. If you stay 180 days past that date, you could be barred from re-entering the United States for three years. If you stay 365 days past that date, the bar increases to ten years. This makes the "admit until" date the most important piece of information in your immigration portfolio.

Action Plan: Preparing Before September 15

To ensure your transition to the new system is seamless, we recommend the following steps:

  1. Audit Your Documents: Review your current I-20 or DS-2019. Ensure the "Program End Date" is accurate. If you need more time to finish your degree or research, talk to your Designated School Official (DSO) or Responsible Officer (RO) now.
  2. Download Your I-94: Go to the CBP website and save a copy of your current I-94. Confirm it says "D/S."
  3. Note the Effective Date: September 15, 2026, is the turning point. Any travel or program changes after this date will require much closer scrutiny of your I-94.
  4. Prepare for Form I-539: Familiarize yourself with the Extension of Stay process. Unlike the previous internal school updates, an I-539 involves filing fees, biometrics (fingerprints), and significantly longer processing times with USCIS.

Navigating a "major rule" change like the end of D/S requires experienced, dedicated representation. We offer comprehensive immigration consulting to help you:

  • Evaluate your current status and determine your new fixed expiration date.
  • File Extensions of Stay (I-539) with precision to avoid gaps in status.
  • Coordinate with DSOs and ROs to ensure your underlying eligibility remains strong.
  • Plan for long-term goals, such as transitioning from an F-1 to an H-1B or seeking permanent residency, while keeping your current status secure.

Conclusion

The transition from "Duration of Status" to fixed I-94 dates is a fundamental change in how the U.S. manages international students and visitors. While the September 15 deadline is approaching, there is still time to prepare. By staying informed and proactive, you can ensure that your academic and professional journey in the United States continues without interruption.