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.

Permanent Work Visas - Susan E. Lane Immigration

Permanent Worker Visas in the U.S.: Could You Be Eligible to Work in the States?

Posted on by Susan Lane

When an immigrant wants to work in the United States, he or she must come here on a visa that explicitly grants permission to work and get an Employment Authorization Document, or EAD. While there are no permanent worker visas, per se, there are immigration statuses that grant a person a permanent ability to work in the U.S.

Permanent Worker Visas: Categories of Workers in the U.S.

People who want to work in the United States must fall into one of these four categories:

  • -U.S. citizens
  • -Non-citizen nationals
  • -Lawful permanent residents
  • -Non-citizen non-residents who are authorized to work


Non-citizen non-residents further fall into one of three categories:

  • -Temporary nonimmigrant workers
  • -Permanent immigrant workers
  • -Students and exchange visitors


Here’s a closer look at each.

Related: How to find the best immigration attorney for your needs

Temporary Nonimmigrant Workers

Temporary nonimmigrant workers are people who want to come to the U.S. for a specific purpose, which is usually employment. In order to someone to come to the U.S. as a temporary nonimmigrant worker, he or she must be sponsored by an employer and take a specific job.

Permanent Immigrant Workers

Permanent immigrant workers are people who are authorized to live and work permanently in the U.S. These people hold green cards and are lawful permanent residents – and they’re one step away from U.S. citizenship.

Students and Exchange Visitors

Some students and exchange visitors can get work authorization, provided that they have permission from a Designated School Official, or DSO, from their school.

How to Get a Work Permit in the U.S. Before You Get Permanent Work Authorization

Because there is no permanent work visa in the U.S., you must get a temporary visa. If you choose to, you can apply for a green card to get permanent work authorization.

If you’re in the U.S. on a visa that allows you to work, you can apply for an Employment Authorization Document, or EAD. The EAD, or work permit, shows employers that you’re authorized to work in the United States, and it’s usually valid for a year. You can renew it, provided your visa is still valid, and if you lose it, you can replace it.

Related: Guide to employment-based green cards

Who Qualifies for an EAD? Working in the United States - Susan E. Lane Immigration

If you’re a U.S. citizen or a lawful permanent resident, you don’t need an EAD. You can work for any employer that will hire you. However, you can apply for an Employment Authorization Document if you fall into one of these categories:

  • -Asylees and asylum-seekers
  • -Refugees
  • -Students looking for employment, with some exceptions
  • -Foreign nationals who are applying for a green card
  • -People with Temporary Protected Status, or TPS
  • -Fiancés and spouses of U.S. citizens
  • -Dependents of some foreign government officials
  • -Spouses or children of some exchange visitors


Often, if your spouse or parent is able to work in the U.S., you can gain the same benefit. However, you may want to talk to an immigration attorney to be sure.

How to Get an EAD

You and your attorney can work together to file a Form I-765, Application for Employment Authorization. You’ll also have to pay the filing fee and pay a biometric services fee if you are applying under DACA, you’re facing compelling circumstances as a beneficiary of an approved employment-based immigration petition, or you’re a spouse or unmarried dependent child of a beneficiary of an employment-based immigrant petition.

Do You Need to Talk to an Attorney About Alternatives to Permanent Worker Visas in the U.S.?

There’s no such thing as a permanent worker visa in the U.S., but that doesn’t mean you can’t get authorization to work – and if you become a lawful permanent resident, you’ll be entitled to work for any employer in the country. If you’d like to talk to a lawyer about your situation, we may be able to help you. Call us today to learn about your options.