Originally Posted: 9/2/2025 | Last Updated: 7/17/2026
Latest Update:
The Department of Homeland Security has finalized a rule that, among other updates, eliminates “Duration of Status” (D/S) admission for F-1 students, J-1 exchange visitors, and I-visa foreign medica representatives, replacing it with a fixed admission period tied to the end date on the Form I-20 or DS-2019; capped at 4-years (or 2-years for English-language program students). Individuals needing more time will need to file an extension of stay application with USCIS, rather than relying on the Designated School Official or Responsible Officer to extend SEVIS records administratively.
Highlights of Changes:
- I-94 records will show a specific expiration date instead of “D/S.”
- Extensions of stay require a formal USCIS filing (Form I-539).
- Remains unclear whether a student seeking OPT or STEM OPT can concurrently file an I-765 or if the I-539 must be approved first.
- The F-1 grace period shrinks from 60 days to 30 days.
- Changes of academic program or educational level within the first year of F-1 status face new restrictions.
- The rule removes regulatory codification of USCIS’s prior deference policy on extensions.
This rule reaches further than campus advising offices. Employers sponsoring F-1 employees on OPT or STEM OPT, or hosting J-1 trainees and interns, now need to track a hard admission expiration date rather than assuming continued status through program completion. For H-1B-bound F-1 employees in particular, cap-gap timing, OPT-to-H-1B transitions, and any gap in authorized stay become higher-stakes calendar items. We encourage employers to build I-539 extension lead time into sponsorship planning. DHS and outside commentary both point to 12 months out for multi-year programs (PhDs, postdocs) as a reasonable planning horizon.
We will monitor actual USCIS processing data and advise clients accordingly as this will be subject to change.
Background:
On August 28, 2025, DHS published a Notice of Proposed Rulemaking (NPRM) titled, “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”.
Current Admission Framework:
Upon entry into the U.S., most nonimmigrants are issued an I-94 Arrival/Departure Record confirming their class of admission and “Admit Until Date”. That document controls their period of authorized stay in the U.S. This also requires them to leave or request an extension of stay through USCIS before it expires. The procedure for students (F-1) and exchange visitors (J) is slightly different. They are generally issued an I-94 with an “Admit Until Date” of “D/S”, standing for “duration of status”. This allows admission into the U.S. for the duration of their academic or training program as authorized by a valid Form I-20 or DS-2019.
Designated school officials and program sponsors are responsible for authorizing and monitoring students and exchange visitors in the U.S. This includes authorizing program changes and extensions, through SEVIS. SERVIS is a DHS computer system that stores information and controls the authorized status of F and J nonimmigrants. The NPRM claims this is an insufficient means for tracking students and exchange visitors in the U.S. and proposes a new framework to provide additional oversight of these nonimmigrant classifications and allow DHS to better evaluate whether they are maintaining status in the United States.
