New DHS Rule Brings Major Changes for F-1 and J-1 Visa Holders

In line with its increased scrutiny of student visa categories, the U.S. Department of Homeland Security (DHS) recently published a new rule impacting F-1 and J-1 visa holders. The changes include a new limitation on the period of stay for F-1 students and J-1 exchange visitors to the length of their academic or exchange program, not to exceed four years. The new rule applies to all F-1 students as well as all J-1 exchange visitors (including physicians), regardless of the normal length of their program. This is a significant change, as F-1 and J-1 foreign nationals were previously admitted into the United States for Duration of Status (D/S), which allowed these individuals to remain in the United States as long as needed to complete their program or begin a new program. The new rule takes effect on September 15, 2026.

The new rule impacts F-1 and J-1 visa holders, as well as their schools and employers. Loss of F-1 or J-1 status also results in loss of work authorization for those individuals. If you employ F-1 or J-1 workers, we recommend alerting them immediately about these changes. We will host a webinar to discuss these issues on September 15, 2026.

• As of September 15, 2026, F-1 students entering the United States will receive a status expiration date or “Admit Until Date” (“AUD”) on their I-94 document that matches the program end date listed on their I-20 document, or for a period of four years, whichever is shorter. The AUD on the I-94 document dictates how long the student may remain in the United States.
• The F-1 grace period following completion of the academic program, Optional Practical Training (OPT), or STEM OPT will decrease from 60 days to 30 days.
• To obtain an extension of F-1 status, change academic programs, or change schools, students will need to file a Form I-539 with U.S. Citizenship and Immigration Services (“USCIS”). They may also choose to travel internationally and seek an extension of status through reentry to the United States with a valid F-1 visa.
  • Students may continue studying while their I-539 applications are pending.
  • The government may require compelling reasons for approving an extension of F-1 status beyond four years.
  • Unless extenuating circumstances exist, undergraduate students will not be allowed to change their academic program or their school during the first year of F-1 status.
  • Graduate students will no longer be allowed to change their academic level or major field of study. Unless extenuating circumstances exist, graduate students will not be allowed to transfer schools.
• Following degree completion, F-1 students may enter into higher-level academic programs. They may no longer enter into the same or lower-level academic programs.
• Students seeking to work pursuant to OPT following graduation will now need to file an I-539 application alongside their I-765 Application for Employment Authorization. Long processing times for I-539 applications may significantly delay approval of the OPT work authorization.  
• The new rule does not require students selected in the annual H-1B lottery to file an I-539 application. Their F-1 status will be automatically extended under “cap gap” rules.

• F-1 status holders who are physically present in the United States and maintaining status on September 15, 2026, and remain in the United States, are not immediately subject to the new rule.
• The D/S period of admission automatically converts to the shorter of the student’s: I-20 program end date, OPT end date, or November 13, 2030 (four years after the effective date of the rule, plus 60-day grace period).
  • Caution: Current F-1 students will NOT receive a new I-94 document. They will need to calculate their new AUD on their own.
• The 60-day grace period remains in place for these F-1 students.
• If seeking OPT work authorization before March 18, 2027, these students do not need to file an I-539 application. USCIS reserves the right to extend this short-term reprieve.

• As of September 15, 2026, J-1 exchange visitors entering the United States will receive an AUD on their I-94 document that matches the program end date listed on their Form DS-2019, or for a period of four years, whichever is shorter.
• To obtain an extension of J-1 status, exchange visitors will need to file a Form I-539 with USCIS. They may also choose to travel internationally and seek an extension of status through reentry to the United States with a valid J-1 visa.
  • Exchange visitors may continue their J-1 program while their I-539 applications are pending.
  • The government may require compelling reasons for approving an extension of J-1 status beyond four years.

• J-1 status holders who are physically present in the United States and maintaining status on September 15, 2026, and remain in the United States, are not immediately subject to the new rule.
• The D/S period of admission automatically converts to the shorter of the exchange visitor’s: DS-2019 program end date or October 15, 2030 (four years after the effective date of the rule, plus 30-day grace period).
• As with F-1 students, current J-1 exchange visitors will NOT receive a new I-94 document. They will need to calculate their new AUD on their own.

• Current F-1 and J-1 status holders should consider avoiding international travel so they do not become subject to the new rule.
• It will be very important for F-1 and J-1 status holders to check their I-94 documents after each U.S. entry to ensure that they do not overstay the AUD listed on their I-94 documents. I-94 documents can also contain errors, which should be corrected if possible. Overstaying one’s status will lead to unlawful presence and significant complications for future U.S. immigration benefits.
• Individuals should renew their passports at the earliest opportunity to ensure that they are given the maximum period of admission on their initial I-94 documents and when seeking extensions of status.
• Individuals should seek to extend their status as soon as they realize that additional time in F-1/J-1 status will be needed. USCIS generally accepts I-539 applications up to 180 days before the status expiration.
• F-1 students eligible to apply for OPT before March 18, 2027 should be sure to file before that date, avoiding the need to include an I-539 application.

Please contact Michael Best’s Immigration Group for further guidance.