The U.S. Department of Homeland Security (DHS) will replace “duration of status” (D/S) admissions with fixed periods of admission for F-1 academic students, J-1 exchange visitors, and I foreign media representatives. The final rule, “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media,” was published on July 17, 2026, at 91 Fed. Reg. 44176, and becomes effective September 15, 2026.
The DHS announcement and DHS final-rule FAQ provide implementation guidance. Employers, universities, exchange program sponsors, and affected nonimmigrants must prepare before the effective date.
The principal change: D/S is replaced by a fixed Form I-94 date
Under the former system, many F-1 and J-1 nonimmigrants were admitted for D/S. Their authorized stay was tied primarily to continued compliance with their academic or exchange program. Their Form I-94 generally displayed “D/S” rather than a specific expiration date.
Beginning September 15, 2026:
- F-1, J-1, and most I nonimmigrants will receive a specific Admit Until Date (AUD) on Form I-94.
- The Form I-20 or Form DS-2019 will continue to establish the program dates, but it will not independently extend the person’s lawful period of admission.
- A timely extension of stay (EOS) application will generally be required to remain in the United States beyond the fixed I-94 date.
- The new rule applies to new admissions and to continuing students and exchange visitors who depart and seek readmission after the effective date.
The Federal Register final rule is the controlling source for the regulatory requirements.
F-1 students and F-2 dependents
F-1 students will generally be admitted for the length of the academic program listed on Form I-20, subject to a maximum of four years. The admission period includes:
- Up to 30 days before the report date or program start date.
- The period necessary to complete the program, not exceeding four years.
- A 30-day period after completion for departure or for taking steps to maintain lawful status.
The 30-day pre-program entry period remains unchanged. The post-completion departure period, however, is reduced from 60 days to 30 days for students subject to the new fixed-admission system.
F-2 dependents will receive an admission period that may not exceed the principal F-1 student’s authorized period. Families must review several timing issues:
- A passport that expires before the program end date may limit the I-94 admission period.
- An unmarried child may lose F-2 eligibility upon reaching age 21.
- Each dependent must maintain status and must not engage in unauthorized employment.
- Dependents must be included in the principal’s EOS filing or file their own qualifying application.
If an F-1 program or authorized training ends early, the student and eligible dependents generally must depart or obtain lawful status within 30 days of the revised end date. An F-1 student who fails to maintain a full course of study or otherwise violates status does not receive a departure grace period and must leave the United States immediately.
F-1 extension of stay requirements
An updated Form I-20 is no longer sufficient when the requested program period extends beyond the fixed I-94 admission date. The student must:
- Work with the designated school official (DSO) to obtain an updated and properly endorsed Form I-20.
- Receive an EOS recommendation in SEVIS.
- File Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS.
- Submit the required fee, evidence, and biometrics if required.
- Ensure USCIS receives the filing before the I-94 admission period expires.
DHS recommends filing approximately 180 days before the AUD expires. An F-1 student generally must demonstrate continued status, a full course of study, sufficient financial resources, and a qualifying reason for additional time. Qualifying reasons may include a compelling academic reason, documented illness or medical condition, or circumstances beyond the student’s control.
A student who files during the 30-day departure period may continue studying while the application is pending, but generally may not begin or continue employment until the EOS is approved.
J-1 exchange visitors and J-2 dependents
J-1 exchange visitors will generally be admitted for the period stated on Form DS-2019, capped at four years. The 30-day period before the program start date remains available. The existing 30-day post-program departure period is unchanged.
A program sponsor or responsible officer may update the exchange visitor’s program documentation under Department of State rules. That update, standing alone, does not extend the J-1’s DHS-authorized period of admission. A J-1 who needs to remain beyond the I-94 date must file an EOS application with USCIS.
If the program end date is shortened, the J-1 and J-2 dependents generally must depart or seek lawful status within 30 days of the revised end date. Reinstatement procedures are also clarified. After the Department of State or sponsor corrects or reinstates the SEVIS record, the J-1 generally must submit the EOS request to USCIS within the required timeframe.
A timely filed J-1 EOS application may permit the J-1 to continue authorized program activities and employment incident to J-1 status for up to 240 days while the application is pending. This authorization depends on timely filing, continued compliance, and the applicable regulatory conditions.
J-2 dependents generally do not receive an automatic extension of employment authorization when a J-2 Employment Authorization Document expires. A J-2 dependent must separately maintain lawful status and obtain the required employment authorization from USCIS.
I foreign media representatives
I nonimmigrants will generally be admitted for the period necessary to complete qualifying media activities, not exceeding:
- 240 days for most I nonimmigrants.
- 90 days for certain individuals presenting a passport issued by the People’s Republic of China, excluding Hong Kong and Macau Special Administrative Region passport holders.
An I nonimmigrant who needs additional time must file a timely Form I-539 or other form designated by USCIS. The application must document continued qualifying media activities and the proposed period of work.
A timely EOS filing may permit continued qualifying employment for up to 240 days, or up to 90 days for the affected PRC passport holders, subject to the rule’s conditions. If the application remains pending beyond that period, the individual may need to stop working unless the applicable extension is approved.
Employment authorization and Form I-9 consequences
The new rule creates a direct connection between the Form I-94 admission date, the EAD expiration date, and the employer’s Form I-9 obligations. The dates may not be identical.
For example, an F-1 employee’s EAD may remain valid through a specific date, while the employee’s Form I-94 expires earlier. Conversely, a timely EOS filing may create an automatic extension only when the employee presents the documentation required by the applicable regulation.
While a timely F-1 EOS application is pending, the student may generally continue:
- A full course of study.
- On-campus employment.
- Curricular practical training (CPT).
- Certain severe-economic-hardship employment.
- Special Student Relief employment, subject to its specific limits.
Certain F-1 employment authorization may receive an automatic extension of up to 240 days. The extension does not apply if the EOS is filed during the 30-day departure period for completed study or training. The existing 180-day STEM OPT automatic extension remains available when the required employment authorization and EOS filings are timely made.
The H-1B cap-gap provisions are preserved. Employers planning an H-1B visa 2026 transition should coordinate the cap-subject filing, change-of-status request, I-94 date, and employment authorization documentation. Similar coordination is required when evaluating a work visa for foreign employees, including an intracompany transfer visa under the L-1 classification.
An employer that continues employing an individual after the Form I-94 expiration date without a timely filed or approved extension, valid automatic extension, or other employment authorization may be employing the individual without authorization. This can result in:
- Form I-9 verification failures.
- Civil fines assessed per Form I-9 violation.
- Unauthorized employment findings.
- Loss of the employee’s immigration status.
- Accrual of unlawful presence.
- Workforce compliance exposure during a government inspection.
Employers should not rely solely on the EAD expiration date or a revised Form I-20 or DS-2019. They must evaluate the complete documentation and applicable automatic-extension rules.
Required action plan for employers and institutions
Employers, HR departments, universities, and exchange sponsors should complete the following steps:
- Audit the immigration inventory. Identify all F-1 and J-1 workers, their F-2 and J-2 dependents, and any affected I nonimmigrants.
- Record each Form I-94 AUD. Track the I-94 expiration date separately from the SEVIS program end date, EAD expiration date, Form I-20, and Form DS-2019.
- Migrate to I-94-based calendars. Employment reverification and status reviews must account for the fixed admission date.
- Create reminders at 180, 120, and 90 days. These reminders should identify upcoming EOS, OPT, STEM OPT, H-1B, or other status-transition deadlines.
- Confirm timely filings. Counsel should receive and file required Form I-539 applications before the fixed admission period expires.
- Review dependents. Check passport validity, dependent age-out dates, and separate EOS or employment authorization requirements.
- Update policies and onboarding materials. Written guidance must explain the new 30-day F-1 grace period, the unchanged J-1 departure period, and the distinction between SEVIS updates and EOS filings.
- Train HR personnel. Staff must understand how I-94 dates, EADs, USCIS receipt notices, and automatic extensions interact during Form I-9 verification.
- Coordinate with DSOs and sponsors. Institutions should establish procedures for revised program end dates, SEVIS recommendations, EOS documentation, and employee notifications.
- Review related immigration strategies. Employers should evaluate whether an H-1B, L-1 intracompany transfer visa, or another employment-based option is appropriate before the F-1 or J-1 period expires.
A broader I-9 compliance review should include Forms I-9, E-Verify procedures, reverification calendars, automatic-extension documentation, and internal audit protocols.
Take action before September 15, 2026
The transition from D/S to fixed admission dates creates new deadlines for foreign students, exchange visitors, media representatives, employers, HR teams, universities, and program sponsors. A missed I-94 deadline or incomplete EOS filing can interrupt employment, cause loss of status, and create civil and immigration consequences.
Blasingame Law LLC provides business immigration, I-9 compliance, and workforce compliance guidance for employers and institutions throughout the United States. With more than 30 years of immigration law experience, the firm assists clients with foreign talent, employment-based status, H-1B and L-1 strategies, dependent matters, and time-sensitive compliance reviews.
Contact Blasingame Law LLC or schedule a consultation for a compliance audit and case-specific guidance before the new rules take effect.
