The Department of Homeland Security has published a final rule that ends duration of status admission for F, J, and I nonimmigrants and replaces it with a fixed period of admission. The rule follows the proposed version DHS issued in August 2025 and is now set to take effect 60 days after publication in the Federal Register, pending the outcome of congressional review since it has been classified as a major rule.
Important alert for current F 1 students and travelers:
The grace period to depart the United States after completing a course of study has been reduced from 60 days to 30 days. Students currently holding a Form I 94 marked D/S should also be aware that upon transition, this will reset to the end date of the current course of study rather than continuing indefinitely. In addition, a student who completes a program at one educational level generally cannot remain at that same level. For example, a student who completes a bachelor’s degree must move on to a master’s degree or a higher level program, or a student who completes a master’s degree must move on to a doctoral program, in order to maintain F 1 eligibility, rather than repeating or remaining at the same level.
Under duration of status, F-1 students, J-1 exchange visitors, and I nonimmigrant representatives of foreign media were admitted for as long as they maintained their program activity, without a set end date on their admission record. Under the final rule, F-1 and J-1 nonimmigrants will instead be admitted for the length of their specific program, up to a maximum of four years. I nonimmigrants will be admitted for a fixed period not to exceed 240 days, with limited exceptions.
Nonimmigrants who need more time to complete their program will need to file an Extension of Stay application with USCIS before their authorized period ends. The final rule codifies that an F-1 student who timely files an Extension of Stay application may continue a full course of study while the application remains pending, and it extends similar continued work authorization protections to certain F and J nonimmigrants whose status expires while an application is pending.
The rule also shortens the departure preparation window after completing a course of study or post completion practical training from 60 days to 30 days, and it limits language training programs to an aggregate 24 month period of stay. Additional provisions restrict F-1 students at the graduate level or above from changing schools or educational objectives during a program, except where SEVP authorizes an exception for extenuating circumstances.
For foreign national students, exchange visitors, and their employers or sponsoring institutions, this is a significant operational change. Institutions and Responsible Officers will need to track fixed admission end dates for every F-1 and J-1 individual rather than relying on continued program enrollment, and timely Extension of Stay filings will become essential to avoid a lapse in status.
Ahluwalia Law Offices will continue to monitor implementation guidance from USCIS and DHS as the effective date approaches, including any updates from the congressional review process. If you or your institution have F-1, J-1, or I nonimmigrants nearing program completion, now is the time to review program end dates and begin planning for the new Extension of Stay process.
FAQ
Does this rule affect people currently in the United States on F-1 or J-1 status? Yes. The final rule includes transition provisions for individuals already admitted under duration of status, and DHS addresses how existing Forms I-20 and DS-2019 will be treated once the rule takes effect.
What is the maximum admission period under the new rule? Up to four years for F-1 and J-1 nonimmigrants, matched to program length, and up to 240 days for most I nonimmigrants.
What happens if my Extension of Stay application is still pending when my admission period ends? The final rule allows certain F-1 students and J-1 exchange visitors who timely filed an Extension of Stay application to continue their program or employment authorization while USCIS adjudicates the request, subject to specific conditions in the rule.
When does the rule take effect? The effective date is 60 days after publication in the Federal Register, subject to the outcome of congressional review.
Can an F-1 student stay at the same educational level after completing a program? Generally, no. The final rule requires a student who completes a program at one educational level to move on to a higher level program to maintain F-1 eligibility, rather than remaining at or repeating the same level.
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