DS-160 Portal Logo

Home / Duration of Status Is Ending: The 4-Year Fixed Admission for F, J and I Visas

Last reviewed:

Duration of Status Is Ending: The 4-Year Fixed Admission for F, J and I Visas

For decades, students and exchange visitors were admitted for "duration of status" — as long as it took to finish the programme, with no fixed end date on the I-94. A DHS final rule replaces that with a fixed period of admission of up to four years, effective 15 September 2026. This page is written from the rule itself — 91 FR 44976 — which runs to over a million characters and is not something most applicants will read.

What changes, in one paragraph

Under the rule, an F, J or I nonimmigrant is admitted until the end date of their programme, not to exceed four years, plus a 30-day grace period for F and J visa holders to depart. Anyone whose programme runs longer than four years must file for an extension of stay with USCIS before the admission period expires. The old "D/S" notation on the I-94 goes away.

In the rule's words:

not to exceed 4 years, plus an additional 30-days for F and J nonimmigrants to depart.

Who is affected

| Class | Who | Affected | | --- | --- | --- | | F-1 / F-2 | Academic students and dependants | Yes | | J-1 / J-2 | Exchange visitors and dependants | Yes | | I | Representatives of foreign information media | Yes | | M-1 | Vocational students | Already had a fixed period; not the subject of this rule |

Effective date, and a caveat the rule itself gives

The stated effective date is 15 September 2026. The rule is classified as a "major rule" under the Congressional Review Act, and it says plainly that if that review changes the effective date, DHS will publish the new date. Treat 15 September as the date unless a later Federal Register notice says otherwise.

If you are already in the United States on D/S

You are not thrown out on 15 September. The rule's transition approach is to treat existing D/S admissions as running for four years from the effective date — those who have not completed their programmes by then will need to apply for an extension of stay. In the rule's phrasing, the plan is:

to notate the date 4 years out, when those who have not completed their programs under the D/S system will need to apply for EOS.

So a student admitted on D/S in 2024 has until roughly September 2030 before an extension is needed, unless the programme ends sooner.

How extensions work

Extensions are filed with USCIS on Form I-539, the same form used for other nonimmigrant extensions. The rule adds a provision that a request filed within the 30-day grace period is treated as timely. Two things to know:

  • Your school's DSO cannot file it for you. Commenters told DHS that many schools do not allow officials to prepare I-539s because it could constitute unauthorised practice of law. DHS did not change that; the filing is yours.
  • File before the admission period ends, not after. The grace period is a departure window that the rule also accepts as a late-filing window — not a planning target.

What this means for your DS-160 and visa

The DS-160 does not change. The visa itself does not change — an F-1 visa is still issued with whatever validity your nationality's reciprocity schedule allows. What changes is the admission period stamped at the border: a fixed end date instead of D/S.

Practical consequences:

  1. Check your I-94 after every entry. Under D/S, the I-94 said "D/S". Now it will show a date. That date, not your I-20's programme end date, is the one that governs when you fall out of status.
  2. Programmes longer than four years need a plan. PhD students in particular should expect to file an I-539 around year four.
  3. Changing programmes or schools no longer automatically carries your status forward for as long as the new programme runs. The four-year ceiling from your admission date still applies.

Why DHS did it

The rule's stated rationale is oversight: under D/S, DHS had no periodic point at which to review whether a student was actually progressing. Commenters opposing the rule argued it adds filings every few years and that students would lose status over paperwork; supporters argued that D/S had become, in one commenter's phrase quoted in the rule, a visa to "do whatever you want" for years. DHS finalised the four-year ceiling as the compromise.

Frequently asked questions

When does duration of status end?

The rule's effective date is 15 September 2026, subject to change if Congressional review alters it.

I am already in the U.S. on an F-1 with D/S. What happens to me?

Nothing immediately. Your admission is treated as running four years from the effective date. If your programme is not finished by then, you file an I-539 extension.

How long is the new fixed period?

Up to the programme end date on your I-20 or DS-2019, but not more than four years, plus a 30-day grace period for F and J to depart.

Can my school extend my stay for me?

No. Extensions are filed on Form I-539 by you, with USCIS. Many schools will not prepare it because it could be unauthorised practice of law.

Does this change the F-1 visa in my passport?

No. It changes the admission period on your I-94, which is set at the border, not the visa.

Does this affect M-1 vocational students?

M-1 already had a fixed admission period and is not the subject of this rule.

Sources

Related guides