Tomorrow marks the start of what experts are calling one of the most significant structural changes to the U.S. student and exchange visitor visa system in decades. Unless a federal court intervenes in the next 24 hours, the Department of Homeland Security's final rule eliminating "Duration of Status" (D/S) for F-1 students, J-1 exchange visitors, and I-classification foreign media representatives will take effect on September 15, 2026.
What Is Changing
For decades, F-1 students, J-1 exchange visitors, and I nonimmigrant representatives of foreign information media have generally been admitted to the United States for "duration of status" — that is, for as long as they continued to comply with the terms of their status, rather than to a fixed expiration date noted on their Form I-94.
That system ends tomorrow.
On July 17, 2026, DHS issued a final rule that eliminates the "duration of status" framework and imposes fixed admission periods of up to four years for F-1 and J-1 nonimmigrants and up to 240 days for I nonimmigrants.
Beginning September 15, 2026, most F-1 students, J-1 exchange visitors, and their dependents will no longer be admitted for D/S. Instead, they will generally receive a specific Admit Until Date (AUD) on their Form I-94 that establishes how long they are authorized to remain in the United States.
I nonimmigrants holding passports issued by the People's Republic of China (excluding the Hong Kong SAR and Macau SAR) will generally be admitted for up to 90 days.
DHS says the change targets abuse of open-ended status — the rule's own text cites examples of F-1 students in doctoral programs who took "over 20 years" to finish.
DHS Secretary Markwayne Mullin has argued that "for nearly half a century, the outdated 'duration of status' system has compromised national security and created an environment ripe for immigration fraud."
Extension of Stay Requirements
F, J, and I nonimmigrants who need to remain beyond their authorized admission period must file extension of stay applications with USCIS, submit biometrics, and demonstrate continued eligibility.
This means students pursuing degrees that typically exceed four years — including many doctoral programs — will need to navigate an entirely new bureaucratic process to maintain lawful status.
The post-completion/post-program departure grace period for F-1 students is also reduced from 60 days to 30 days. A student who completes (or ceases) a course of study or training early must depart the United States, or timely take action to maintain or change status, within 30 days.
The final rule also limits the ability of both graduate and undergraduate students to change programs, and prevents foreign students who have completed a U.S. degree from pursuing a second degree program at the same level in the United States.
Transition Rules for Current Students
DHS has built in transition provisions designed to reduce disruption for students and scholars already in the country.
Current F-1 or J-1 students admitted under D/S who are present in the United States before September 15, 2026, may remain without applying for an Extension of Stay (EOS) up to their program end date on their Form I-20 or Form DS-2019, or post-completion OPT end date, or STEM OPT end date, but not to exceed November 14, 2030.
However, travel changes the equation.
Students who travel abroad and return after September 15, 2026, will be readmitted with a fixed period of admission on their I-94 document.
For current F students admitted under duration of status and present in the United States on September 15, 2026, and who timely file for post-completion OPT or STEM OPT by March 18, 2027, these students do not need to apply for an EOS. For F students who travel before filing for post-completion OPT or STEM OPT and are readmitted with a fixed period of admission, these students must file an EOS application along with their application for post-completion OPT or STEM OPT.
New USCIS Forms Take Effect Simultaneously
On September 15, 2026, USCIS will publish revised editions of Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization. The forms have been revised to align with the recently published final rule.
Critically,
USCIS will not provide a grace period during which applicants may continue using the previous editions. USCIS will reject an application submitted on or after September 15 if it uses an earlier edition of either form.
USCIS has made preview versions of both forms and their instructions available so applicants can prepare in advance.
The Compliance Stakes
The stakes for compliance are high. Those who stay beyond their fixed period of stay would accrue unlawful presence, potentially triggering a three-year bar from re-entry to the U.S. if they are unlawfully present for more than 180 days but less than one year, or a 10-year bar if they have been unlawfully present for one year or more.
Under the old D/S system, unlawful presence calculations worked differently and were generally more forgiving.
The Federal Lawsuit: Awaiting a Ruling
On August 18, 2026, NAFSA: Association of International Educators, the Presidents' Alliance on Higher Education and Immigration, and a coalition of unions filed a complaint and a motion for preliminary injunction in the U.S. District Court for the District of Massachusetts, challenging the rule.
The complaint argues that the final rule violates the Administrative Procedure Act because DHS failed to adequately assess its costs and benefits, meaningfully respond to public comments, consider less burdensome alternatives, or justify the rule based on its stated objectives. It also alleges that DHS provided an inadequate public comment period and exceeded its statutory authority.
DHS requested a four-day extension to respond to the motion, and the court granted an extension until September 2. The defendant submitted its response on September 2. The preliminary injunction hearing was held as planned on September 3, and the judge asked very pertinent questions of both parties.
Several states joined in filing an amicus brief in support of the preliminary injunction motion, elaborating upon the broad range of imminent harms these states would face in the absence of relief.
As of today, September 14, no ruling on the preliminary injunction has been issued.
As legal experts caution, filing a lawsuit does not suspend a final rule — unless and until a court issues a stay, an injunction, or a vacatur, September 15, 2026, remains the operative effective date.
Economic Impact
The potential consequences extend beyond individual students.
Brookings estimates an enrollment decline of roughly one-third of international students in the long term, reducing the stock of overall high-skill STEM workers in the U.S. by 6.2%. International students contribute about $43 billion to the U.S. economy annually.
NAFSA's upper-range projection estimates that international enrollment could fall from about 1.17 million students in 2025–26 to roughly 1.06 million in 2026–27, representing a decline of approximately 9.5%. International applications to U.S. doctoral programs have fallen 21%, and Common App data show international applications down 9% for the 2026–27 cycle, including a 14% decline from India.
What Students and Scholars Should Do Now
With the rule set to take effect in less than 24 hours and no court order blocking it, affected individuals should take immediate steps:
- Know your Admit Until Date. Students and scholars already in the U.S. under D/S should confirm the program end date on their Form I-20 or DS-2019 — that date (capped at November 14, 2030) is now effectively their AUD.
- Avoid unnecessary travel. Re-entering the U.S. after September 15 means receiving a new I-94 with a fixed AUD and being subject to the new 30-day grace period.
- Use the correct USCIS forms. Any Form I-539 or I-765 filed on or after September 15 must use the new 09/15/26 edition — older editions will be rejected outright.
- Plan extensions early. If your program will exceed your fixed admission period, work with your Designated School Official or Responsible Officer well in advance of your AUD to prepare extension-of-stay filings.
- Monitor the litigation. The federal court could still issue a ruling at any time.
The immigration attorneys at ClinchLaw are actively tracking these developments and are available to advise students, scholars, and sponsoring institutions on navigating these changes. Contact us for a consultation about your specific situation.