DHS Scraps Duration Of Status System For F, J, And I Visa Holders Ahead Of September Deadline

The U.S. Department of Homeland Security has amended its regulations to replace the longstanding “duration of status” system for F, J, and I visa categories with fixed admission periods.

The affected classifications cover students, exchange visitors, and foreign media representatives, three groups that have historically operated under more flexible stay arrangements.

The rule was initially proposed in August 2025 and is set to take effect on September 15, 2026, giving affected individuals and institutions a narrow window to prepare.

Under the new framework, F-1 student visa holders will be limited to a maximum four-year admission period, marking a significant tightening of existing arrangements.

The grace period afforded to F-1 students is also being cut in half, reduced from 60 days to 30 days following the conclusion of their authorised stay.

Students currently enrolled in programmes will also face new restrictions on their ability to change subjects or locations of study while their status is active.

For students already present in the United States, the four-year limitation will run from the date of implementation on September 15, 2026.

DHS cited enhanced monitoring capabilities and additional protections for maintaining status within these nonimmigrant visa categories as the basis for introducing the changes.

Affected individuals will be required to file extension applications with U.S. Citizenship and Immigration Services, submit biometrics, and provide evidence of continued eligibility.

Those who exceed their permitted period of stay across any of the three visa categories will begin to accrue unlawful presence, which carries the risk of a formal determination of inadmissibility.

Barnes and Thornburg is urging employers, academic institutions, and other stakeholders to notify affected individuals of the changes before the September implementation date.

The firm also recommends that nonimmigrant visa holders in these categories consult with legal counsel following each entry to the United States to review their I-94 record and confirm accurate application of the new rule.