United States | DHS issues final rule on fixed admission periods for F, J and I visas

The Department of Homeland Security published a final rule in the Federal Register that establishes fixed admission periods for certain nonimmigrant categories, replacing the practice of granting admission for the open-ended “duration of status” (D/S) framework. The rule takes effect Sept. 15, 2026. DHS notes that this is a “major rule” subject to the Congressional Review Act (CRA), and if the effective date changes based on the review, DHS would announce it in the Federal Register.

The Student and Exchange Visitor Program (SEVP) within DHS has also published a fact sheet and FAQs to explain the elimination of duration of status final rule.

Key takeaways:

Applies to F, J and I visa classifications. According to the rule summary, “The Department of Homeland Security (DHS) is amending its regulations to change the admission period in the F, J, and I classifications from duration of status to an admission for a fixed time period, and additional changes to admission and extension requirements.” The admission period for F, J and I nonimmigrant dependents will generally correspond with the principal’s designated admission period.

Extensions of stay (EOS) must be requested. F, J and I nonimmigrants will be subject to fixed admission periods and required to timely file extension applications to remain in the United States and continue their activities beyond the authorized admission period. Remaining in the U.S. beyond that period could result in the accrual of unlawful presence under the new rules.

Existing rules remain in place for employment authorization extensions for certain F-1 students. The rule retains existing automatic work authorization extensions for the following: the (1) up-to-180-days extension based on timely filed STEM OPT (Optional Practical Training) extension applications; and (2) cap-gap protections, which extend F-1 status and approved employment authorization for students transitioning to H-1B.

Summary of key changes. The rule states that “most of the changes proposed in the NPRM [Notice of Proposed Rulemaking] have been adopted.” Changes to statutory requirements for admission, extension and maintenance of F, J and I status include:

• Striking all references to D/S for F, J, and I nonimmigrants;
• Providing a short-term reprieve from the EOS filing requirement during the first six months after the rule takes effect for certain individuals applying for employment authorization for either post-completion OPT or STEM OPT;
• Setting the authorized admission and extension periods for F and J nonimmigrants up to the Form I-20 or DS-2019 program length or Employment Authorization Document (EAD) expiration date, not to exceed a four-year period;
• Prohibiting F-1 students at the graduate education level or above from changing educational objectives at any point during a program of study; and
• Decreasing the period allowed for F-1 nonimmigrants to prepare to depart from the United States after completion of a course of study or an authorized period of post-completion practical training from 60 to 30 days.

New rules for I foreign media representatives. The rule imposes a maximum 240-day period, except for those traveling on a passport issued by the People’s Republic of China, who are limited to a maximum 90-day admission period. Those who need more time must apply for an EOS. Those who were admitted for D/S are authorized to remain for a period necessary to complete their activities during a transition period.

Additional information: As previously reported by BAL, DHS submitted the final rule for review by the Office of Management and Budget in May. According to DHS, “This final rule will provide additional protections and oversight of these nonimmigrant categories and will allow DHS to better evaluate whether these nonimmigrants are maintaining status while temporarily in the United States.”

BAL will continue to monitor implementation guidance and any further clarifications from DHS and U.S. Citizenship and Immigration Services and provide updates.

This alert has been provided by the BAL U.S. Practice Group.

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