Duration of Status for F, J, & I Visas Ends on September 15, 2026

Posted on by Susan Lane

The Department of Homeland Security (DHS) issued a final rule that significantly changes how F-1 students, J-1 exchange visitors, and many I media visa holders maintain lawful status in the United States. Previously, these individuals were generally admitted for “Duration of Status” (D/S). Under the new rule, they will instead receive fixed periods of admission, typically limited to the program end date and generally not exceeding four years.

DHS emphasizes that the four-year period is intended as a law enforcement and screening tool to assess whether a student is maintaining normal academic progress and eligibility for F-1 status.

Key Changes to Duration of Status

  • Fixed Admission Periods: F and J nonimmigrants will no longer be admitted for Duration of Status. Maintaining status will depend on the expiration date on the individual’s I-94 record, not solely on SEVIS program dates.
  • Extension Applications Required: Students and exchange visitors whose programs extend beyond four years will need to file an Extension of Stay application with USCIS before their authorized stay expires.
  • Shorter F-1 Grace Period: The post-completion grace period for F-1 students has been reduced from 60 days to 30 days, requiring earlier planning for departure, transfers, or changes of status.
  • Dependent Family Members Affected: When family members file extension applications together, the approved stay for all applicants may be limited by the family member with the shortest eligible period, such as the earliest passport expiration date.
  • New Rules for I Visa Holders: Most foreign media representatives will be admitted for a maximum of 240 days rather than D/S and may need to file extension requests or depart and reenter the United States to continue their activities,

Additional Changes applicable to F-1 and J-1 nonimmigrant

  • The F-1 student who timely files an EOS may continue pursuing their full course of study after the expiration of the admission period until USCIS adjudicates the EOS application.
  • Generally, an F-1 student must complete their first academic year of a program at the school that initially issued their I-20.
  • The rule prohibits F-1 students at the graduate level from changing educational objectives at any point during their program of study. “Educational Objectives” refers to a student’s education level or major.
    • Prohibits F-1 students at the graduate level from transferring at any point during their program of study, unless an exception is authorized by SEVP for extenuating circumstances.
  • F-1 students must progress to higher educational levels and are prohibited from changing to the same or a lower educational level while an F-1 student.
  • J-1 nonimmigrants who are employment authorized with a specific employer incident to status can continue to be authorized for such employment for up to 240 days if their status expires while their timely filed OES application is pending.
    • J-2 dependents must apply for an EAD do not have continued work authorization once their EAD expires.
    • J-1s whose D/S status expires shortly after the rule takes effect can file an EOS and continue to work for the duration of the time on their new DS-2019 regardless of how long USCIS takes to adjudicate the EOS application.
  • The EOS application will require evidence of sufficient funds to cover expenses for the extended period of time.

Transition Period

  • The transition period can last up to 4 years for students who were admitted for D/S prior to the rule’s effective date and are properly maintaining F and J status on 9/15/2026.
    • During this transition period, F or J nonimmigrants in D/S on 9/15/2026 do not need to have their I-94 corrected to a date certain, provided they continue their studies appropriately.
    • They can continue in D/S until the program end date in their I-20 or DS-2019 or 4 years after 9/15/2026, whichever comes first. They remain entitled to the 60-day grace period as part of the transition period.
    • Should they travel abroad during this period, they will be issued a new I-94 with a date certain upon their return.
  • F-1 students with D/S who have filed Form I-765 for post-completion OPT or STEM OPT on or before March 18, 2027, will not have to file an EOS. If the F-1 has a date-certain I-94, they have to file the I-765 and the EOS application.

Unlawful Presence (ULP) After Duration of Status

  • Calculation of the accrual of ULP resulting from the elimination of D/S will not be applied retroactively, but for those with completed programs and expired I-20s, ULP will begin to accrue on 9/15/2026 unless they have applied prior to 9/15/2026 for reinstatement, a change of status, or an EAD for OPT or STEM OPT.

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These are highlights only from the new rule. We will update the website as more information becomes available. If you are an F-1 or J-1 nonimmigrant, work closely with your DSO regarding your status and seek advice from immigration counsel when needed.

DETENTION IN U.S. AIRPORTS DURING DOMESTIC TRAVEL

Posted on by Susan Lane

There are recent reports of foreign nationals embarking on domestic travel being detained by DHS at U.S. airports across the country. These foreign nationals may have timely filed for adjustment of status or asylum, but their lawful status has expired. They may even have a valid work permit and/or an advance parole travel document. Those detained do not necessarily have a criminal record. Thus, to avoid DHS detention in U.S. airports for the foreseeable future, the safest course of action is not to travel domestically or internationally.

CONSULAR POSTS ARE RESCHEDULING H-1B AND H-4 VISA APPOINTMENTS DUE TO EXTRA VETTING NOW REQUIRED

Posted on by Susan Lane

Posts in India (including Hyderabad and Chennai), Ireland and Vietnam thus far have been unilaterally rescheduling visa appointments currently scheduled on or after December 15, 2025, many to March 2026 or later.

 

Limited Rescheduling: Applicants who cannot attend on the new date may reschedule online, but are limited to one opportunity to reschedule. Fee receipts older than one year are considered expired and cannot be used to reschedule. Missing or canceling the rescheduled appointment may result in forfeiture of the fee.

 

If you travel abroad in anticipation of a visa appointment, be prepared to remain abroad for an extended period of time.  Monitor your appointment portals for any updated appointment letters or other notifications.

Nonimmigrant Visa Applications Must Be Made In Country of Nationality or Residence

Posted on by Susan Lane

This change, effective 9/6/2025, eliminates the ability to apply for a nonimmigrant visa in a third country which often resulted in shorter wait times or was more convenient based on personal or business reasons.

 

Applicants who schedule nonimmigrant interviews at a U.S. embassy or consulate outside of their country of nationality or residence might find that it will be more difficult to qualify for the visa.  Fees paid for such applications will not be refunded and cannot be transferred.

 

Exceptions include applicants for A, G, C-2, C-3, NATO visas, and applicants for diplomatic-type visas. Rare exceptions may be made for humanitarian or medical emergencies or foreign policy reasons.

 

Because this is a new policy, we have yet to see how or if exceptions will be made on a discretionary basis.

Good news on H-4, L-2, and EAD processing!

Posted on by Susan Lane

Beginning January 25, 2023, USCIS will resume bundling the adjudication of Forms I-539 and I-765 for the spouses and minor children of H-1B and L-1 nonimmigrants along with the underlying Form I-129 if the forms are filed concurrently. USCIS will adjudicate these applications together whether the I-129 petition is filed under regular or premium processing. This bundled process will be in effect for two years. The announcement did not clarify whether this applies to pending cases or merely cases filed 1/25/2023 or later.

President Trump’s Proclamation effective June 24, 2020

Posted on by Hayden Smith

The Proclamation suspending entry of nonimmigrants to the U.S. is effective June 24, 2020 at 12:01 AM ET and extends through December 31, 2020, subject to revisions and extension.

This Proclamation extends the earlier April 22, 2020 Proclamation suspending entry of certain immigrants into the U.S. through the end of the year as well.

The Proclamation affects the following nonimmigrant categories plus spouse & children: H-1B, H-2B, J and L.

It only applies to those individuals if they are:

·        Outside of the U.S. on the effective date of the Proclamation;

·        Do not have a nonimmigrant visa that is valid on the effective date of the Proclamation; and

·        Do not have an official travel document other than a visa such as advance parole which is valid on the effective date of the Proclamation.

It is not clear if Canadian citizens who are not required to have a visa will be exempt from this Proclamation.

There are limited exemptions such as those seeking to enter the U.S. to provide temporary labor essential to the U.S. food supply chain, or those who are need to provide services in the national interest of the U.S. such as defense, medical care to COVID-19 patients, or essential to facilitate the immediate and continued economic recovery of the U.S.

This Proclamation does not affect those nonimmigrants already in the U.S.

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This office advises against international travel in the event further restrictions are placed on nonimmigrants.