DHS Final Rule Affecting Duration of Status (D/S) for F-1 and J-1 Nonimmigrants
DHS Final Rule Affecting Duration of Status (D/S) for F-1 and J-1 Nonimmigrants
July 17, 2026
Important Notice
The Office of International Affairs (OIA) is actively reviewing the DHS Final Rule and related agency guidance. The information provided on this page is intended as a general summary of the rule and may be updated as additional information becomes available. Future guidance from DHS, USCIS, the Department of State, or other government agencies may affect the interpretation and implementation of these changes. Individuals with questions regarding their specific immigration circumstances are encouraged to contact OIA and, when appropriate, seek advice from qualified immigration counsel.
The U.S. Department of Homeland Security (DHS) published a final rule on July 17, 2026, that changes how periods of stay are granted and maintained for individuals in F-1 and J-1 nonimmigrant status. The rule is scheduled to become effective on September 15, 2026, unless implementation is delayed by litigation, Congressional action, or other government action.
The Office of International Affairs (OIA) is currently reviewing the final rule and assessing its impact on current and prospective international students, scholars, and exchange visitors, and J-1 physician trainees at UT Southwestern. OIA will continue to monitor developments and provide additional guidance as more information becomes available.
What Is Changing?
Historically, most F-1 and J-1 nonimmigrants have been admitted to the United States under a concept known as Duration of Status (D/S). Under D/S, individuals could generally remain in the United States as long as they maintained their immigration status and complied with the requirements of their academic or exchange visitor program.
The final rule replaces D/S with a system that generally provides a fixed period of admission, subject to maximum time limits and additional extension requirements.
What Is the Duration of Status (D/S)?
When an individual enters the United States in F-1 or J-1 status, U.S. Customs and Border Protection (CBP) determines the period of authorized stay. For decades, F-1 students and J-1 exchange visitors have typically been admitted for D/S, allowing them to remain in the United States as long as they maintained status and continued to meet the requirements of their academic or exchange visitor program.
The new regulation eliminates D/S and generally replaces it with admission through the program end date listed on Form I-20 or Form DS-2019, not to exceed four years at a time, plus the applicable period to prepare for departure.
Key Provisions of the Final Rule
While OIA continues to analyze the rule in detail, significant changes include:
- Fixed Admission Periods
F-1 and J-1 nonimmigrant visa holders arriving in the U.S. on or after September 15, 2026, will be admitted to the United States for a fixed period of time, up to the length of the program of study listed on their Form I-20, or Form DS-2019, not to exceed four years, plus a 30-day period for arrival and an additional 30-day period for departure.
- Extension of Stay Requirements
Individuals who require additional time beyond their authorized period of stay will need to file an Extension of Stay (EOS) application with U.S. Citizenship and Immigration Services (USCIS). Filing an extension application will involve government filing fees, USCIS adjudication, and biometrics.
The final rule also allows individuals who file a timely EOS application to continue working or participating in authorized program activities for up to 240 days after their F-1 or J-1 status expires while their EOS application remains pending.
- Impact on Current F-1 and J-1 Holders
For individuals already in the U.S. on F-1 or J-1 visas and admitted under the prior D/S framework, DHS will allow them to remain in status through the program end date listed on their Form I-20 or Form DS 2019 for up to four years from the rule's effective date, without filing an EOS request.
F-1 and J-1 holders must apply for an EOS with U.S. Citizenship and Immigration Services if they wish to remain in the United States beyond this date. OIA will continue reviewing these provisions and will provide additional guidance regarding any actions that may be required.
- Impact on J-1 Residents and Fellows
Most UTSW residents and fellows in J-1 status are sponsored by Intealth through the ECFMG Exchange Visitor Sponsorship Program (EVSP). Intealth administers their J-1 sponsorship, issues Form DS-2019, and maintains their SEVIS records. UTSW serves as the host training institution and supports the sponsorship process through coordination among OIA, GME, and the individual training programs.
Beginning this fall, Intealth will issue Form DS-2019 for the full duration of a physician's approved training program rather than issuing annual forms. For example, a physician entering a three-year Internal Medicine residency program would receive a DS-2019 reflecting the full three-year training period. Additionally, anyone currently under our sponsorship and engaged in a multi-year program will have their end date amended this fall to reflect the full duration of their program, rather than the current academic year.
J-1 residents and fellows whose training extends beyond their fixed period of admission will need to complete both the annual Intealth sponsorship-renewal process and a separate USCIS EOS application. The USCIS EOS requirement does not replace the annual Intealth sponsorship process.
OIA is working with GME and other institutional stakeholders to evaluate tracking, communication, filing, and support procedures for affected trainees, including those classified as contingent workers or paid by affiliated institutions.
- Travel and Reentry
Current F-1 and J-1 holders admitted under D/S can continue to travel, but upon re-entry, may be admitted with a new fixed period. If their program extends past their fixed admission end date, they must file a formal Extension of Stay (EOS) with USCIS.
International travel remains subject to the usual documentary and admissibility requirements, and admission is determined by CBP at the port of entry. Beginning September 15, 2026, an F-1 or J-1 nonimmigrant who travels internationally and seeks readmission generally may receive a new fixed admission end date, even if previously admitted for D/S.
Individuals should carefully review the expiration date on their new Form I-94 after every entry. Travel while an EOS application is pending may have additional implications; individuals with a pending or anticipated EOS application should consult OIA before traveling.
- Additional Restrictions and Requirements
The rule contains several other provisions affecting academic programs, transfers, changes in educational objectives, employment authorization processes, and dependent classifications. OIA is evaluating these changes and their potential impact on the UT Southwestern community.
What Should Students, Trainees and Scholars Do Now?
There are no immediate changes to your immigration status or required actions at this time. Current F-1 students, J-1 students, and J-1 scholars and physician trainees should continue to maintain their status and comply with existing immigration requirements.
OIA will provide updated guidance, frequently asked questions, webinars, and communications to affected individuals and departments as our review of the final rule continues.
OIA Updates
OIA is actively reviewing the final rule and related government guidance. This page will be updated as additional information becomes available, so we strongly recommend that you regularly refer to this page for updates.
OIA will also communicate important developments through official OIA communication channels, stakeholder meetings, direct communications to affected students, scholars, departments, and sponsoring units.
We appreciate your patience and understanding as we complete this review and prepare further guidance.