Summary At a Glance
- DHS has replaced “duration of status” admissions with fixed admission periods for holders of F, J, and I visas (ex. academic, vocational, or exchange) for nonimmigrants and certain dependents.
- A maximum of four years has been set, with federal extensions required if more time is needed to complete the program, exchange, or assignment.
- Form I-94s will now have specific end dates and must be tracked closely to avoid unlawful presence.
- The rule may affect employers that hire F-1 students, employ J-1 exchange visitors, or sponsor employees who are dependents of affected visa holders.
- Employers should identify affected employees, review Form I-9 reverification procedures and begin extension or sponsorship planning well before an employee’s status expires.
The Department of Homeland Security published a final rule on July 17, 2026, summarizing that the amended regulations will provide additional protections and oversight, and allow DHS to “better evaluate” whether nonimmigrants are maintaining status while in the U.S. The rule, effective September 15, 2026, may affect employers that hire F-1 students through Optional Practical Training, employ J-1 exchange visitors, or sponsor employees who are dependents of affected visa holders.
Key Provisions of the Final Rule
- Four-Year Maximum Admission Period. F and J nonimmigrants will generally be admitted for the length of their approved program, subject to a maximum period of four years.
- Federal Extension Process. Individuals who require additional time to complete a program will generally need to submit an extension of stay request to U.S. Citizenship and Immigration Services. The extension process may involve federal review, biometric screening, background checks, and other eligibility requirements.
- Reduced Departure Period. The time provided to certain F-1 students after completing their program will be reduced from 60 days to 30 days. This period may be used to prepare for departure, transfer to another school, or seek another qualifying status.
- Restrictions on Program Changes. The rule imposes additional limitations on changes to academic programs, degree levels, or educational institutions.
- Transition Provisions. Individuals currently in the United States under the previous duration-of-status system will transition to the new fixed-period system under the provisions of the final rule.
What This Means for Employers
Employers should not assume that an employee’s status remains valid solely because the employee continues to attend school or participate in an approved program.
Form I-94 will become increasingly important because it will identify the individual’s authorized period of admission.
The change may also require earlier immigration planning when an employee’s academic program, practical training, or exchange program is expected to continue beyond the authorized admission period.
Next Steps for Employers
Employers should identify employees working in F, J, I, or related dependent classifications and review Form I-9 procedures to ensure personnel understand how fixed admission dates may affect reverification. Encourage affected employees to review their Form I-94 after international travel or a change in immigration status. Employers should also begin planning extension, change-of-status, or sponsorship filings well before an employee’s authorized stay expires and coordinate with qualified immigration counsel when needed.
HR Works will continue to monitor implementation guidance related to this final rule.
