End of 'duration of status' for F-1, J-1, and I nonimmigrants (final — takes effect September 15, 2026)

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DHS's final rule (FR doc 2026-14439) ends 'duration of status' for F, J and I nonimmigrants effective September 15, 2026, with new I-539 and I-765 editions.

End of “duration of status” for F-1, J-1, and I nonimmigrants (final — takes effect September 15, 2026)

Status: Decided — Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media (DHS Docket No. ICEB-2025-0001; RIN 1653-AA95; NPRM at 90 FR 42070 (FR Doc. 2025-16554))

On July 17, 2026, DHS published the final rule (FR doc 2026-14439) ending “duration of status” for F, J, and I nonimmigrants. Effective date: September 15, 2026 — the rule is classified as a major rule subject to congressional review, and DHS will publish a follow-up Federal Register document if that date changes. Until the effective date, D/S remains the operative admission policy. On August 14, 2026, USCIS announced the paperwork side of the change: new 09/15/26 editions of Form I-539 (extend/change status) and Form I-765 (work permit) publish September 15, 2026 with no grace period — the current editions (I-539 dated 08/28/24, I-765 dated 08/21/25) are accepted only if postmarked or submitted before September 15, 2026, and will be rejected on or after that date, while the new editions are accepted only on or after September 15, 2026.

Next step: September 15, 2026 — the effective date (subject to congressional review; DHS will publish a Federal Register document if it changes or the rule is terminated). Also watch USCIS/ICE implementation guidance on the new extension-of-stay procedure and any court challenge to the rule. From September 15, 2026, file only the 09/15/26 editions of Forms I-539 and I-765 — USCIS will reject older editions with no grace period.

Last editorial review: 2026-08-26 — status can change with a single court ruling. Official source.

What’s happening

On July 17, 2026, DHS published the final rule (FR doc 2026-14439) ending “duration of status” for F, J, and I nonimmigrants. Effective date: September 15, 2026 — the rule is classified as a major rule subject to congressional review, and DHS will publish a follow-up Federal Register document if that date changes. Until the effective date, D/S remains the operative admission policy. On August 14, 2026, USCIS announced the paperwork side of the change: new 09/15/26 editions of Form I-539 (extend/change status) and Form I-765 (work permit) publish September 15, 2026 with no grace period — the current editions (I-539 dated 08/28/24, I-765 dated 08/21/25) are accepted only if postmarked or submitted before September 15, 2026, and will be rejected on or after that date, while the new editions are accepted only on or after September 15, 2026.

Who it affects

F (academic students), J (exchange visitors), and I (foreign information-media) nonimmigrants and their dependents. The final rule replaces open-ended “duration of status” admission with a fixed admission period — for F-1, up to 4 years or the program end date, whichever is shorter — keeps a 30-day grace period, and requires an extension-of-stay application to USCIS for additional time. Transition: those already in the U.S. on D/S keep their status until the program end date on their Form I-20 or DS-2019 or 4 years after the effective date, whichever comes first (new 8 CFR 214.1(m)(1)(ii)); anyone who travels abroad after the effective date receives an I-94 with a fixed date on return.

How it got here

Aug 28, 2025 DHS/ICE publishes the proposed rule (90 FR 42070), proposing to replace "duration of status" with a fixed admission period for F, J, and I nonimmigrants.
Sep 29, 2025 The public comment period on the proposed rule closes.
May 5, 2026 DHS sends a final rule to the White House budget office (OMB/OIRA) for review.
Jun 17, 2026 OIRA concludes its review of the final rule ("consistent with change"), a step that ordinarily precedes Federal Register publication.
Jul 17, 2026 DHS publishes the final rule (FR doc 2026-14439) replacing duration of status with fixed-period admission for F, J, and I nonimmigrants, effective September 15, 2026 (subject to congressional review). Current D/S holders keep status until their I-20/DS-2019 program end date or 4 years after the effective date, whichever comes first.
Aug 14, 2026 USCIS announces that new 09/15/26 editions of Forms I-539 and I-765 will publish September 15, 2026, with no grace period: older editions are rejected if postmarked or submitted on or after that date, and the new editions are accepted only on or after it.

What to watch next

September 15, 2026 — the effective date (subject to congressional review; DHS will publish a Federal Register document if it changes or the rule is terminated). Also watch USCIS/ICE implementation guidance on the new extension-of-stay procedure and any court challenge to the rule. From September 15, 2026, file only the 09/15/26 editions of Forms I-539 and I-765 — USCIS will reject older editions with no grace period.

Official sources

This page is general information about ongoing litigation, not legal advice. A case’s status can change with a single ruling, and outcomes can turn on facts specific to each person. For advice on a specific situation, consult a licensed immigration attorney or a DOJ-accredited representative.

Frequently asked questions

What is this case about?

F (academic students), J (exchange visitors), and I (foreign information-media) nonimmigrants and their dependents. The final rule replaces open-ended ‘duration of status’ admission with a fixed admission period — for F-1, up to 4 years or the program end date, whichever is shorter — keeps a 30-day grace period, and requires an extension-of-stay application to USCIS for additional time. Transition: those already in the U.S. on D/S keep their status until the program end date on their Form I-20 or DS-2019 or 4 years after the effective date, whichever comes first (new 8 CFR 214.1(m)(1)(ii)); anyone who travels abroad after the effective date receives an I-94 with a fixed date on return.

Where does it stand right now?

On July 17, 2026, DHS published the final rule (FR doc 2026-14439) ending ‘duration of status’ for F, J, and I nonimmigrants. Effective date: September 15, 2026 — the rule is classified as a major rule subject to congressional review, and DHS will publish a follow-up Federal Register document if that date changes. Until the effective date, D/S remains the operative admission policy. On August 14, 2026, USCIS announced the paperwork side of the change: new 09/15/26 editions of Form I-539 (extend/change status) and Form I-765 (work permit) publish September 15, 2026 with no grace period — the current editions (I-539 dated 08/28/24, I-765 dated 08/21/25) are accepted only if postmarked or submitted before September 15, 2026, and will be rejected on or after that date, while the new editions are accepted only on or after September 15, 2026. September 15, 2026 — the effective date (subject to congressional review; DHS will publish a Federal Register document if it changes or the rule is terminated). Also watch USCIS/ICE implementation guidance on the new extension-of-stay procedure and any court challenge to the rule. From September 15, 2026, file only the 09/15/26 editions of Forms I-539 and I-765 — USCIS will reject older editions with no grace period.

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