The Department of Homeland Security (DHS) has published a final rule to be effective Sept. 15, 2026 implementing major changes to the F-1 Student and J-1 Exchange Visitor programs. The changes include replacing the framework of admitting F-1 Students and J-1 Exchange Visitors, and their dependent family members for open-ended periods of “duration of status (D/S)” with new fixed periods of admission based on the principal F-1 or J-1 program end date. DHS has published a fact sheet and FAQs to provide further explanation of this new rule.
Key Aspects of New Fixed Admission Periods Framework:
- Admission periods for F-1 Students and J-1 Exchange Program Visitors will be limited to their program end date and cannot exceed a maximum of 4 years.
- Foreign nationals in F and J status must file Form I-539 Extension of Status Applications with U.S. Citizenship and Immigration Service (USCIS) within 180 days of the expiration of their fixed period of admission.
- New automatic extension of work authorization of up to 240 days for J-1 Exchange Visitors who timely file I-539 Extension of Status Applications.
- Existing automatic extensions of work authorization of F-1 nonimmigrants of up to 180 days based on timely filed STEM OPT (Optional Practical Training) extension applications and based on cap gap are retained along with cap gap maintenance of status protections.
To Assist with Transition to New Framework:
- F-1 students who timely file I-765 applications for post-completion OPT or STEM OPT before March 17, 2027 will be exempt from the requirement to file a separate I-539 application to extend status and will be eligible for the traditional 60-day grace period until they depart or change/extend their status.
- Foreign nationals in the U.S. maintaining F or J status who were admitted for duration of status (D/S) as of September 15, 2026 (effective date of the new rule) will not need to file an I-539 extension application until the earlier of their program end date or 4 years following the effective date of the new rule (i.e., Sept. 14, 2030) plus the traditional 60-day grace period.
New Restrictions on F-1 Students and Reduction of F-1/F-2 Grace Period to 30 Days:
- F-1 undergraduate students will be prohibited from changing their major or transferring to a new school until they complete 1 year of their approved program unless there are extenuating circumstances such as school closure or prolonged inability to hold in-person classes due to a natural disaster.
- F-1 graduate students will be prohibited from changing majors or transferring to a new school at any point during a program of study unless there are extenuating circumstances such as school closure or prolonged inability to hold in-person classes due to a natural disaster.
- After completing a degree program in F-1 status, foreign nationals will be prohibited from securing F-1 status through enrollment in another program at the same or lower degree program level than any degree program they’ve completed in F-1 status. For example, after completing a master’s degree program in F-1 status, a foreign national will be prohibited from securing F-1 status through enrollment in another master’s degree program or a bachelor’s degree program.
- The grace period afforded to F-1 students and their F-2 dependents to depart from the U.S. after the completion of their program or authorized period of OPT is decreased from 60 to 30 days.
The new rule is subject to congressional review which could result in substantive changes or an adjustment of the planned effective date of September 15, 2026. Parker Gallini LLP will continue to monitor guidance on this new rule from DHS and USCIS and provide updates.
Immigration at Work 