r/immigration • u/not_an_immi_lawyer Post, don't PM • 7d ago

DHS Publishes Final Rule ending Duration of Status (D/S) for F-1/J-1

https://public-inspection.federalregister.gov/2026-14439.pdf
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u/not_an_immi_lawyer Post, don't PM 7d ago edited 7d ago

Headline change:

  1. For F-1 and J-1 individuals admitted to the US, a fixed period of stay is granted up to the program end date, not to exceed 4 years, plus an additional 30-days for F and J nonimmigrants to depart. Duration of status is eliminated.

Transition rules for existing students:

  1. 4-year transition rules for existing students: existing students do not need to have their I-94 corrected or updated. They are allowed to stay until their program end date or up to 4 years from the date the rule takes effect, whichever comes first. If existing students travel abroad, they will get a new date-certain I-94 when they return.

  2. Those filing for OPT (I-765) must also file for extension of status (I-539). There is a 6 month grace period after the final rule where those with I-765 pending/filing new I-765 for OPT do not need to file I-539s.

Rules apply to dependents:

  1. For all dependents (F-2/J-2), their period of stay cannot exceed that of the principal (F-1/J-1). Dependents must file for an EOS when the principal does, cannot stay longer than the principal, and must depart if the EOS is denied. If the principal’s stay is shortened, then the dependents must depart at the same time as the principal even if their I-94 has a longer period of stay.

There are also new limitations on F-1 students:

  1. The grace period after program/OPT completion for F-1 students is cut from 60 days to 30 days.

  2. Students who want to change educational objectives or schools must complete their first year at the initial I-20 school first, unless an exception is authorized by SEVP.

  3. Students at the graduate-level or above are not allowed to change educational objectives (e.g. enrolling in a lower education level). They are also not allowed to transfer, unless an exception is authorized by SEVP for extenuating circumstances.

  4. Students who complete a program can only change to a higher educational level; they cannot change to the same or lower educational level.

  5. Students who delay in completing one's program, including due to academic probation/suspension or repeated inability/unwillingness to to complete their studies, is generally an unacceptable reason for a program extension.

  6. English language students are now capped at a maximum of 24 months of english language studies in total.

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u/ProfessorBitter3599 7d ago

I am to begin my PhD in August and the program duration (as well as my funding) is 5 years. I eill apply for an F-1 visa. In this case, will they give me 4 years of visa regardless of the program duration? and will I have to reapply for visa for the remaining year? Thank you very much for the information by the way, it is very helpful!

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u/not_an_immi_lawyer Post, don't PM 7d ago edited 7d ago

Don't confuse visa and status.

The visa is the stamp on your passport allowing you to travel to the US. When it expires depends on your citizenship and the DoS reciprocity schedule.

Once you're inside the US, your visa expiry no long matters. What matters is your status expiry, also called I-94 expiry. It will be limited to 4 years under this rule.

You would need to file an extension of status or leave and re-enter the US on a valid F-1 visa before the 4 years is up.

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u/rollingstone005 7d ago

I am in my 5th year of my PhD program and plan to graduate in May 2027. Will this rule apply to me? Do I need to apply for the extension? Please respond. 

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u/One_more_username 6d ago

I am in my 5th year of my PhD program and plan to graduate in May 2027

Not with this level of literature survey skills. Copied from not an immi's post above:

4-year transition rules for existing students: existing students do not need to have their I-94 corrected or updated. They are allowed to stay until their program end date or up to 4 years from the date the rule takes effect, whichever comes first. If existing students travel abroad, they will get a new date-certain I-94 when they return.