Visa PolicyEntry PF-275843 · Page 20 · Stamped SEP 29, 2026
US Ends Duration of Status for F-1 and J-1 Visa Holders
A DHS regulation published July 17, 2026 ends duration of status for F-1 and J-1 holders, capping stays at four years and requiring paid USCIS applications starting September 15, 2026.
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Entry details
- DHS published the final rule ending duration of status on July 17, 2026; it takes effect September 15, 2026.
- F-1 students and J-1 exchange visitors will be admitted for a fixed period based on their program plan, up to four years maximum.
- DHS estimates the rule will generate over 400,000 additional USCIS applications per year, a 163% increase for this application type.
- Roughly 1.2 million F-1 students and about 300,000 annual J-1 exchange visitors are affected.
- Applications cost over $400, with premium processing above $2,000; pending applicants get 240 days of extended status.
The Department of Homeland Security (DHS) published a regulation on July 17, 2026 that ends "duration of status" (D/S) for international students and exchange visitors in the United States. The rule takes effect 60 days after publication, on September 15, 2026. It replaces a practice in place since 1978 for F-1 students and 1985 for J-1 exchange visitors, under which they could remain lawfully in the country while completing their program or degree.
The new rule, published in the Federal Register, admits F-1 students and J-1 exchange visitors with an exact end date based on their initial program plan, up to a maximum of four years. Students and exchange visitors must now file a formal, fee-based application with U.S. Citizenship and Immigration Services (USCIS) to continue, amend, or complete programs that exceed the granted period. The rule also requires USCIS approval to transfer schools, change field of study, or pursue additional training or education. The regulation does not clarify the adjudication standard, processing times, or an appeal process.
Who is affected
Approximately 1.2 million F-1 visa holders — around 6% of all students in the United States — are the largest affected group, along with roughly 300,000 J-1 exchange visitors who come each year, including researchers, postdoctoral fellows, and foreign physicians in clinical training. The rule also ends D/S for I visas held by foreign journalists and representatives of international media.
Under the current system, Designated School Officials (for F-1) and Responsible Officers (for J-1) handle transfers and extensions within institutional guidelines, with all changes documented in the DHS-run Student and Exchange Visitor Information System (SEVIS). The new rule shifts these decisions to immigration officers with limited discretion.
What changes in practice
According to NAFSA's comment on the regulation, USCIS permission will now be required to: complete a Ph.D. program; complete any program lasting more than four years; finish a program when a student falls a few credits short; engage in post-completion Optional Practical Training (OPT) or academic training; move to a higher level of study; transition from an English language program into a degree program; or transfer to a new school or sponsor.
DHS itself estimates more than 400,000 additional applications each year — roughly half for F-1s and half for J-1s. The Association of American Universities calculates this is a 163% increase for this application type, while USCIS already takes at least six months to decide current cases and holds a record backlog of over 11.3 million cases. The regulation extends status for 240 days while an application pends. A group of 39 science, education, and policy organizations warned that delays may exceed that window, leaving students unable to study or work. Applicants would pay over $400 for the application itself and more than $2,000 for premium processing to speed decisions.
DHS lists acceptable reasons for extension as a "compelling" academic or medical need, natural disaster, or national health crisis — a list the American Council on Energy says omits practical academic reasons such as study abroad, co-op programs, practicums, internships, and extended dissertation research.
Why four years may not be enough
More than 50% of first-time bachelor's degree recipients need more than four years to finish. The median doctoral student spends nearly six years on a dissertation, with some taking over seven. The International Medical Graduate Taskforce stated it "would be impossible" for physicians to complete many critical graduate medical education programs — including general surgery, geriatrics, and cardiology — within four years.
Economic stakes
The proposed rule drew over 20,000 public comments from business groups, economists, higher education organizations, state attorneys general, and scientific societies. International students contributed $42.9 billion to the U.S. economy and supported 355,736 jobs in the 2024-25 academic year, according to NAFSA, and the Bureau of Economic Analysis valued education-related travel exports at approximately $53.58 billion in 2024.
A report by Michael Clemens, Amy Nice, and Jeremy Neufeld, commissioned by the National Academies, estimated the rule will cost the U.S. economy up to $72-145 billion annually over ten years in its "plausible" scenario — more than 22 times the $3.3 billion ten-year cost DHS identified. A survey of about 1,000 international Ph.D. students and postdocs found roughly half would "definitely not" or "probably not" have come to the United States had they known D/S would end. NAFSA separately estimated ongoing restrictions could cost the U.S. economy $7 billion in revenue and more than 60,000 jobs.
USCIS Director Joseph Edlow has stated he plans to significantly limit post-graduation stays in all but "certain situations," and has claimed "there is no statutory basis for OPT." Critics note Congress exempted F-1 workers from FICA tax withholding in 1960 under 26 U.S. Code § 3121(b)(19), confirming intent for F-1 visas to allow work.
What comes next
DHS advanced a similar D/S elimination proposal in 2018, which courts blocked by preliminary injunction. A 2020 notice of proposed rulemaking was withdrawn by the Biden administration in early 2021. The 2026 final rule is subject to the Congressional Review Act, and its effective date could be delayed through that process. Thirty-five members of Congress submitted a comment against the rule, and four representatives recently sent a bipartisan letter urging DHS to hold off implementation.
Readers should consult the Federal Register notice and official USCIS guidance for authoritative details on the new requirements.
via brookings.edu (Original)