The Department of Homeland Security (DHS) has finalized a major change to the U.S. immigration system by replacing the longstanding “Duration of Status” (D/S) framework with a fixed period of admission for many foreign students, exchange visitors, and media representatives. The final rule, titled Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media, was published in the Federal Register on July 17, 2026, and will take effect on September 15, 2026. 

What Is Changing Under the New Rule? 

Instead of permitting individuals to remain in the United States for the duration of their qualifying program, the new DHS rule implements a fixed period of admission. Specifically: 

• F-1 students and J-1 exchange visitors will generally be admitted for a set period of time rather than for D/S to cover their academic or exchange program, up to a maximum of four years, plus a 30-day grace period. The F-1 student grace period is reduced from 60-days to 30-days. 
• I visa holders (foreign media representatives) will generally receive admission periods of up to 240 days, subject to certain exceptions. 
• Individuals who require additional time beyond their date specific authorized stay will need to timely file an Extension of Stay (EOS) application with USCIS. An application is considered timely filed if the receipt notice for the application is on or before the date the admission period expires. 
• Dependents in F-2, J-2, and certain I visa classifications will also be subject to the new extension filing requirements. 

While the rule represents a significant shift in how F-1 students, J-1 exchange visitors, and certain other nonimmigrants are admitted to and remain in the United States, it is important to note that DHS has not made substantive changes to several key programs relied upon by international students and institutions. Specifically, the final rule does not modify the eligibility requirements or substantive regulations governing Curricular Practical Training (CPT), Optional Practical Training (OPT), or STEM OPT other than in the context of admission and extensions. 

Who Will Be Affected? 

The rule impacts: 

• F-1 international students  
• J-1 exchange visitors  
• F-2 and J-2 dependents  
• Foreign media representatives and certain dependents 

F-1 nonimmigrants who timely file an EOS can continue to pursue a full course of study for the entire time their EOS is pending with USCIS after their authorized period of admission expires. While the timely filed EOS is pending, authorization for certain types of authorized employment for F-1s is also extended for a period of 240 days after the expiration of stay. 

In addition to F-1 students, J-1 exchange visitors, and their dependents, the new rule may have significant implications for a broader range of individuals participating in academic, research, and professional exchange programs in the United States. This includes university researchers, visiting scholars, medical trainees, academic exchange participants, and international journalists, many of whom have historically relied on the flexibility of the Duration of Status (D/S) framework. These individuals now need to closely monitor their expiration dates for authorized period of stay and, where necessary, timely apply for extensions with USCIS to continue their activities beyond their initial admission period.  

J-1 nonimmigrants who timely filed EOS applications with USCIS and whose extension is pending may continue authorized training and employment incident to their status after the admission period expires for a period of up to 240 days or the program end date if the EOS was filed on or before March 18, 2027.

F-1 OPT Cap Gap and STEM OPT 

The rule states that it does not make substantive changes to the H-1B cap gap rule. Eligible F-1 nonimmigrants will continue to benefit from the cap-gap automatic EOS and any employment authorization, which extends until April 1 of the fiscal year for which the H-1B status is being requested or until the validity start date of the approved petition, whichever is earlier.  

Similarly, eligible F-1 nonimmigrants who have timely applied for the 24-month STEM OPT extension will benefit from the automatic extension of employment until the date of USCIS’ written decision on the Form I-765, but not to exceed 180 days. 

Transition Period  

Under the final rule, individuals who were previously admitted under the D/S framework will not need to have their D/S I-94 corrected and will generally be permitted to remain in the United States through the duration of their current program or four years after the effective date of the rule, whichever comes first, provided they maintain status and depending on their circumstances and the specific provisions of the rule. F and J nonimmigrants who travel abroad during this transition period, however, will be issued a new I-94 with a date certain upon their return, as will all other F and J nonimmigrants.  

As a result, many current F-1 and J-1 nonimmigrants may not be immediately subject to the new fixed-term admission requirements unless they travel abroad but should nevertheless carefully review their immigration status and future extension needs to ensure continued compliance once the transition period ends. 

Effective Date 

The final rule was published in the Federal Register on July 17, 2026, and will take effect 60 days later, on September 15, 2026. 

This rule represents one of the most significant changes to the student visa system in decades and will require many international students and exchange visitors to take a more active role in monitoring and extending their immigration status. If you or someone you know may be affected by these changes, we encourage you to reach out to the attorneys at Foster LLP to discuss your specific circumstances, legal options, and next steps. 

Foster LLP will continue to track developments surrounding the implementation of the new fixed-term admission framework and will provide updates and practical guidance through Immigration Updates©, articles, and blogs at  www.fosterglobal.com.