2026-14439RuleSignificantWallet

DHS Ends Open-Ended Stays for F, J, and I Visa Holders

Published Date: 7/17/2026

Rule

Summary

Starting September 15, 2026, students, exchange visitors, and foreign media reps will get a fixed time to stay in the U.S. instead of an open-ended status. This change helps the government keep better track of who’s following the rules and makes extending stays clearer. It affects F, J, and I visa holders and could mean more careful planning and paperwork, but no new fees are mentioned.

Analyzed Economic Effects

6 provisions identified: 0 benefits, 5 costs, 1 mixed.

Fixed Admission Period Replaces D/S

If you are an F, J, or I nonimmigrant, DHS will stop admitting you for an open-ended “duration of status” and instead give you a fixed period of authorized stay starting September 15, 2026. To remain past that date you must file an extension of stay (EOS) with DHS or leave and seek readmission; overstaying can cause accrual of unlawful presence and make you inadmissible for future visas, admission, or adjustment of status.

Administrative Burden and Cost Estimates

DHS estimates the rule imposes annualized costs of $443.1 million to $448.6 million over a 10-year analysis period (2027–2036) using 3% and 7% discount rates; costs to U.S. parties alone are estimated at $119.9 million to $125.1 million annually. DHS says these costs reflect additional filings and administrative burdens for nonimmigrants, schools, and exchange visitor program sponsors.

Maximum 4-Year Admission Rule

DHS will limit authorized admission and extension periods for F and J nonimmigrants to the program length, and in any case not to exceed a 4-year period. This means an admission or extension cannot be issued for longer than four years even if a program might otherwise be longer.

Work Authorization While EOS Pending

If you file a timely EOS, some nonimmigrants can keep working while it is pending: F-1 students with a timely EOS and qualifying auto-extension may continue on-campus and certain off-campus employment for up to 240 days (auto-extension for severe economic hardship); J-1s with employment incident to status may continue working up to 240 days while EOS is pending; I nonimmigrants may continue working for their foreign employer up to 240 days while EOS is pending (90 days for some PRC I nonimmigrants). J-2 dependents, who need an EAD, do not get continued work authorization once their EAD expires. The rule also provides a temporary 6-month reprieve for filing EOS when applying for post-completion OPT or STEM OPT, and a temporary reprieve for certain J-1s to continue working based on their new Form DS-2019.

Shorter 30-Day Departure Window

For F-1 students, the period to prepare to depart after completing a course of study or post-completion practical training is shortened from 60 days to 30 days. If you end your study or training early or your program end date is shortened, you and eligible dependents must depart the U.S. or take steps to maintain lawful status within 30 days.

Tighter Transfer and Program Rules

F-1 students generally must complete their first academic year at the school that issued their initial Form I-20 before transferring, graduate-level F-1 students are prohibited from changing educational objectives or transferring during their program (unless SEVP grants an exception), and language training students are limited to an aggregate 24 months of stay. Also, once you complete a program at one educational level, you may only begin a higher-level program as an F-1 student, not the same or a lower level.

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Key Dates

Published Date
Rule Effective
7/17/2026
9/15/2026

Department and Agencies

Department
Independent Agency
Agency
Homeland Security Department
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