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The Pulse

| 4 minute read

DHS Ends "Duration of Status" for F, J, and Most I Nonimmigrants

The Department of Homeland Security (DHS) has finalized sweeping changes to the admission and maintenance of status rules for F-1 students, J-1 exchange visitors, and most I foreign media representatives. The rule eliminates the long-standing "duration of status" (D/S) admission model and replaces it with fixed periods of authorized stay, creating significant new compliance obligations for foreign nationals, educational institutions, employers, and immigration practitioners.

Perhaps most importantly, individuals in these classifications can no longer assume that extending their academic or exchange program through SEVIS also extends their lawful stay in the United States. Instead, the expiration date on the Form I-94 will become the critical date for determining whether the individual remains in valid status.

Fixed Admission Periods Replace Duration of Status

For decades, F-1 students and J-1 exchange visitors were typically admitted for "duration of status," allowing them to remain in the United States for the length of their approved academic or exchange program, provided they maintained status. The final rule fundamentally changes that framework.

Under the new regulations, admission will generally be limited to the program end date listed on the Form I-20 or Form DS-2019, together with any applicable grace period, but not longer than four years. Extending a program through SEVIS alone will no longer extend the individual's authorized stay. If the Form I-94 expires before the program concludes, the individual generally must obtain an extension of stay from U.S. Citizenship and Immigration Services (USCIS) or depart the United States.

As a result, individuals in these statuses should shift their focus from monitoring only SEVIS records to carefully tracking Form I-94 expiration dates.

The rule similarly eliminates duration of status admissions for most I foreign media representatives. Instead, these individuals generally will receive admission for no more than 240 days. Existing restrictions for passport holders from the People's Republic of China (excluding Hong Kong and Macau SAR passport holders) remain unchanged, limiting admission to a maximum of 90 days.

Family Applications May Be Limited by the Shortest Eligibility Period

The rule also introduces an important change affecting families filing extension applications together.

New regulatory language provides that when members of the same family submit extension applications as a unit, USCIS must grant each family member the same period of stay. In practice, this means the approval period will be limited by whichever applicant has the earliest limiting factor—such as the soonest passport expiration date or a dependent child approaching age-out.

Previously, it was common for the principal applicant to receive approval through the end of the underlying employment or academic program, while only the affected dependent received a shortened validity period if necessary. That approach will no longer apply.

For families filing together, the approved period of stay may now be limited by:

  • the four-year admission cap,
  • the underlying program end date, or
  • the earliest passport expiration date (or age-out event) affecting any family member.

In some cases, separate filings for the affected dependent may help avoid shortening the principal applicant's approval period, although DHS has not provided guidance confirming whether this strategy will be accepted.

F-1 Students Will Have Less Time After Completing Their Programs

The rule also shortens the grace period available to F-1 students after completing their academic program or authorized practical training.

Rather than receiving 60 days to prepare for departure, transfer schools, file a change of status, or take other steps to remain lawfully present, F-1 students will now receive only 30 days. This aligns the F-1 departure period with the existing grace period for J-1 exchange visitors.

Because of the reduced timeframe, students and their advisors should begin post-completion planning earlier, particularly when another nonimmigrant status or employment authorization will be required.

Programs Lasting More Than Four Years Will Require USCIS Extensions

Many academic and exchange programs—including doctoral programs, medical training, research appointments, and certain long-term educational programs—frequently extend beyond four years.

Under the new rule, remaining in the United States beyond the initial four-year admission period will generally require filing a timely Extension of Stay application with USCIS before the current period of admission expires. Alternatively, the individual may depart the United States and seek readmission under a new period of authorized stay.

Simply receiving an updated Form I-20 or Form DS-2019 reflecting a longer program will no longer be sufficient to maintain lawful status.

These additional USCIS filings introduce a layer of adjudication into cases that historically could be managed entirely through SEVIS, creating new planning considerations and additional processing timelines.

Students and exchange visitors should also understand the heightened consequences of overstaying their authorized admission period. Even a brief overstay may not only trigger unlawful presence concerns but may also result in automatic visa cancellation under INA § 222(g), requiring the individual to apply for a new visa from their country of nationality.

Significant Changes for I Foreign Media Representatives

Foreign media representatives in I status will also experience substantial changes.

Rather than remaining in the United States for the duration of their approved journalistic assignment, most I nonimmigrants will now receive admission for no longer than 240 days, while PRC passport holders (excluding Hong Kong and Macau SAR) remain subject to the existing 90-day limitation.

Individuals wishing to continue their assignments beyond the authorized admission period generally must either depart and seek a new admission or file a timely extension request with USCIS.

Because extension requests may require DHS to review the journalistic or documentary work produced during the stay, commentators have raised potential First Amendment concerns regarding the implementation of the rule.

The rule also contains a transition provision for individuals already present in I status on the rule's effective date. Most may remain for up to 300 days following publication of the rule, while eligible PRC passport holders generally receive only 150 days.

Practical Takeaways

These changes represent a major procedural shift in the administration of F, J, and I nonimmigrant status. While the substantive eligibility requirements for these classifications remain largely unchanged, maintaining lawful status will require much closer monitoring of admission periods and significantly more interaction with USCIS.

Individuals should consider implementing procedures to:

  • Track Form I-94 expiration dates separately from SEVIS program end dates.
  • Identify students and exchange visitors whose programs are likely to exceed four years and prepare Extension of Stay applications well before expiration.
  • Advise F-1 students regarding the shortened 30-day grace period and its impact on post-completion planning.
  • Coordinate closely with Designated School Officials (DSOs), Responsible Officers (ROs), educational institutions, employers, and foreign nationals to ensure required USCIS extension filings accompany SEVIS program extensions where appropriate.

Going forward, successful maintenance of status will depend not only on keeping SEVIS records current, but also on proactive monitoring of Form I-94 validity and timely USCIS filings whenever an individual's authorized admission period is approaching expiration.

Tags

immigration law, nonimmigrant status, compliance, f-1 visa