On July 17, 2026, the U.S. Department of Homeland Security (DHS) published a final rule that changes how F-1 students, J-1 exchange visitors, and foreign media representatives (I visas) are admitted to and maintain status in the United States.
Currently, individuals in these visa categories are admitted under a system called “duration of status” (D/S), which allows them to remain in the country as long as they continue to meet the requirements of their program, studies, or employment. Under the new rule, individuals would be admitted for a specific period of time, and if they need to stay longer, they will have to submit a formal extension of stay (EOS) application to U.S. Citizenship and Immigration Services (USCIS).
Effective Date and Key Changes
The rule is scheduled to take effect on September 15, 2026. The most significant changes include:
- Fixed Admission Periods Replace D/S. F-1 students and J-1 exchange visitors generally will be admitted for the duration of their academic or exchange program, up to a maximum of four years at a time.
- Extension of Stay Required for Longer Programs. Individuals who require additional time to complete their program or exchange activity must file an EOS application with USCIS before their authorized period expires.
Impact on F-1 Students and Employers
- New Restrictions on Academic Mobility. The rule imposes significant constraints on program changes.
- Undergraduate F-1 students may not change majors, educational objectives, or transfer schools within their first academic year unless the Student and Exchange Visitor Program (SEVP) approves an exception for extenuating circumstances.
- Graduate students are barred from changing majors or educational objectives at any point in their program and may transfer schools only with a SEVP-approved exception. Students who complete a program at one educational level are not eligible to pursue another program at the same or lower level.
- Reduced Post-Completion Grace Period. DHS is reducing the F-1 post-completion grace period students can use to prepare for departure, transfer schools, or change status from 60 days to 30 days.
- Transition Rules and Travel Considerations.
- F-1 students and J-1 exchange visitors who are physically present in the United States in valid status on September 15, 2026 may generally remain until the program end date on their current Form I-20 or Form DS-2019, up to September 15, 2030, plus the existing grace period: 60 days for F-1 students and 30 days for J-1 exchange visitors.
- If they depart the United States after September 15, 2026 and later reenter, they will be admitted under the new fixed-period framework. After reentry, the I-94 will generally expire on the program end date, employment authorization document (EAD) expiration date, or DS-2019 end date, but no later than four years after reentry, and only a 30-day grace period will apply.
- OPT / STEM OPT Transition Considerations. An EOS application may be required depending on a student’s location, travel history, and timing of any optional practical training (OPT) or science, technology, engineering, and mathematics (STEM) OPT filing. For example, students with pending OPT or STEM OPT applications, as well as certain students who file such applications within six months after the rule’s effective date, may not need to submit a separate EOS application. Students should carefully evaluate their circumstances to avoid interruptions in status or employment authorization.
- No Changes to H-1B Cap-Gap Relief. The rule does not eliminate or change existing cap-gap protections. F-1 students who are beneficiaries of a timely filed cap-subject H-1B petition and qualify for cap-gap relief may generally continue to remain and work in the United States under the current cap-gap framework without needing a separate EOS application.
What This Means and Recommended Next Steps for Impacted Individuals and Employers
Employers that sponsor or employ F-1 students pursuant to OPT or STEM OPT and J-1 exchange visitors should take immediate steps to understand and prepare for the operational impacts of this rule. Key employer considerations include:
- Coordinate with Schools and Program Sponsors. F-1 and J-1 employees who may need additional time to complete their program, change programs, or begin a new academic or exchange activity should consult with their school or program sponsor about any required SEVIS updates and extensions of their Form I-20 or Form DS-2019 before September 15, 2026, where possible.
- File OPT / STEM OPT Applications Early. Employees eligible to apply for OPT or STEM OPT before September 15, 2026 should consider filing as soon as they are eligible. Those who become eligible before March 18, 2027 may also benefit from filing promptly to take advantage of available transition provisions.
- Plan International Travel Carefully. F-1 and J-1 employees and their dependents planning international travel around September 15, 2026 should consider returning before the effective date or postponing travel, when feasible, to preserve available transition benefits.
- Review Timing for New Entries. New F-1 students and J-1 exchange visitors who are able to enter the United States before September 15, 2026, within the applicable admission window, may benefit from the transition rules.
- I-9 Tracking and Reverification Requirements. Because F-1 and J-1 employees will now have specific admission end dates on their Forms I-94, employers will need to monitor those expiration dates and timely reverify employment authorization when an admission period or automatic EAD extension ends. Employers should review and update their I-9 compliance and reverification tracking systems to account for these new fixed-period deadlines.
- Workforce Planning and Talent Retention. The new filing requirements, associated costs, and potential processing delays may affect an employer’s ability to retain F-1 and J-1 talent over extended periods. Employers should evaluate their internal policies and determine the extent to which they will support, manage, or sponsor any additional immigration filings that may be required under the new framework.
The impacts of this rule will depend on an individual’s immigration status, travel plans, employment authorization history, academic program, and long-term immigration objectives. Employers should evaluate their current population of F-1 OPT, STEM OPT, and J-1 employees and assess whether updates to immigration processes, I-9 compliance, reverification, and workforce planning processes may be necessary.
If you have questions about how these changes may affect your organization or employees, or if you would like assistance evaluating your current immigration, I-9, reverification, or workforce planning processes, please contact your Alston & Bird Immigration Team.
If you have any questions, or would like additional information, please contact one of the attorneys on our Immigration team.
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