New F-1/J-1 Rule Ends Duration of Status

The Department of Homeland Security (DHS) has published a new F-1/J-1 rule that ends duration of status. This finalized regulation includes the most sweeping changes to these visa classifications in decades. If you are on F-1 or J-1 status (or I), or if you work with foreign nationals on F-1 or J-1, these rules will affect you. It's time to educate yourself, plan ahead, and be prepared.

What Is Changing for F-1 Students and J-1 Exchange Visitors?

Under the current system, most F-1 and J-1 nonimmigrants have an I-94 marked D/S rather than a calendar expiration date. Their authorized stay generally continues while they pursue approved study, practical training, or exchange activities and maintain status.

Under the new rule:

• F-1 and J-1 nonimmigrants will receive an I-94 with a specific expiration date when they enter the U.S. or when they extend their stay, change programs, etc.
• Admission will normally cover the program period listed on Form I-20 or DS-2019, up to a maximum of four years. Shorter limits may apply to certain programs or J-1 categories.
• If additional time is needed, the school or sponsor must update SEVIS and the individual must file additional paperwork with USCIS to apply for an extension of stay. A new I-20 or DS-2019 alone will not extend the I-94 date.
• The F-1 grace period will decrease from 60 days to 30 days. The J-1 grace period remains 30 days.
• The rule does not eliminate OPT, STEM OPT, or H-1B cap-gap protection, but OPT and STEM OPT applications will now require an additional USCIS filing, in addition to the work authorization application.

The practical result is that the I-94 expiration date, not the visa stamp or program end date, will become a critical immigration deadline. As with other visa classifications, because F-1 and J-1 visa holders will now have a specific end date on their I-94, if they remain in the US beyond the I-94 expiration, they will begin accruing unlawful presence.

Will F-1 and J-1 Status Be Limited to Four Years?

Not necessarily. Four years is generally the maximum period granted at one time, not a lifetime limit on F-1 or J-1 status. Admission will usually be granted through the program end date on the I-20 or DS-2019, if that date is earlier. A person who needs more time may be eligible to request an extension of stay or travel and seek readmission.

What About People Already in the United States? What is the Transition Plan?

The rule includes transition guidance for people who are in the U.S. in valid F or J status as of the effective date. In general, if a foreign national is in the U.S. in valid F or J status as of the effective date, they will not have to immediately file for an extension of status with USCIS. However, they will have to apply for an extension of of status to remain in the U.S. beyond their program end date, as listed on the DS-2019 or I-20, or four years from the date the rule becomes effective (9/15/2026), whichever is sooner. In addition, if they leave the U.S. and re-enter on a valid F or J visa, they will receive an I-94 record with a specific end date, which should match the program end date.

Travel after the effective date may end that transition protection. A person who leaves the United States and seeks readmission will generally receive a new I-94 with a fixed expiration date. This makes pre-travel review especially important for students and exchange visitors who were previously admitted for D/S.

How Will the Rule Affect OPT and STEM OPT?

The new rule does not impact existing optional practical training (OPT), STEM OPT, and H-1B cap-gap protection. However, an F-1 student will need both employment authorization and an extension of F-1 stay covering the requested training period.

A pending extension request does not automatically authorize every type of employment. Existing automatic-extension rules may protect certain students, including qualifying STEM OPT applicants, but the details are fact-specific. Students and employers should not assume that a new I-20, a pending USCIS application, or an unexpired employment authorization document resolves every status and work-authorization issue.

Are There New Restrictions on Transfers and Academic Programs?

Yes. The rule also limits certain F-1 school transfers, changes of major or educational level, and enrollment in another program at the same or a lower educational level. Graduate-level students face particularly strict limits on changing programs or transferring during a program.

DHS may delay implementation of these academic restrictions through September 14, 2028. Students considering a transfer, change of major, second degree, or new program should confirm which rules are in effect before making the change.

What Does the Rule Mean for F-2 and J-2 Dependents?

The authorized stay of an F-2 or J-2 dependent cannot extend beyond the principal’s authorized stay. Dependents may need to be included in, or separately file, an extension request. The new rule says that if family files extension of stay applications together, the I-94 end date that USCIS gives all family members will be the shortest end date for any given family member. For example, if a family submits applications for an extension of stay altogether, and a child in the family will turn 21 in 12 months, and therefore will "age out", the duration of the I-94s given to all family members will be 12 months, or until the child turns 21. Families will need to plan carefully and strategically when filing these applications.

What Should Students, Exchange Visitors, and Employers Do Now?

Foreign nationals affected by these regulatory changes will have additional responsibilities, tasks, and things to look out for under the new rules. A starting point includes:

• Check the electronic I-94 after every entry into the United States.
• Review the passport, visa, I-20 or DS-2019, I-94, and any employment authorization document for upcoming deadlines.
• Begin planning at least six months before the I-94 expires if more time may be needed. You can generally file as soon as 180 days before expiration.
• Obtain advice before traveling, transferring schools, changing programs, or applying for OPT or STEM OPT. Note that you may need advice from both your DSO or RO and an immigration lawyer, to fully prepare and plan. School officials generally do not prepare and file applications on behalf of F and J visa holders, but immigration lawyers can assist with this and provide legal advice.

Employers who have F and/or J visa holders on their teams should separately track the employee’s I-94 date, program end date, and employment authorization expiration date. There will also be changes to the way Form I-9 is completed, and to the reverification process, for employees on F-1 and J-1 status.

The Bottom Line

The new F-1 and J-1 final rule makes immigration status much more deadline-driven and additional USCIS filings will be required. F-1 students, J-1 exchange visitors, dependents, schools, sponsors, and employers should begin tracking I-94 dates and planning extensions well in advance.

If you have questions about how the new F-1/J-1 rule applies to your situation, contact Sumner Immigration Law to discuss the next steps.

This blog post is for informational purposes only and does not constitute legal advice.