The US Department of Homeland Security (DHS) has issued a final rule eliminating the “duration of status” (D/S) framework for F-1 students, J-1 exchange visitors, and I nonimmigrants, replacing it with fixed periods of admission. Under the new framework, F-1, J-1, and I nonimmigrants who require additional time beyond their authorized admission period will need to seek approval from US Citizenship and Immigration Services (USCIS) for an extension of stay. The rule also reduces the F-1 grace period following completion of studies or authorized practical training from 60 days to 30 days and is scheduled to take effect 60 days after publication in the Federal Register.
The previous approach—“duration of status” (D/S)
Nonimmigrants who enter the United States generally receive a Form I‑94 showing the period for which they are authorized to remain in the country. However, F‑1 students, J‑1 exchange visitors, and I nonimmigrants have historically been admitted for “duration of status” (D/S), rather than until a specific expiration date.
Under the D/S framework, F‑1 students could remain in the United States while pursuing a full course of study and authorized practical training, including Optional Practical Training (OPT) and STEM OPT, without filing an extension of stay application with USCIS. Instead, students typically worked with their Designated School Official (DSO) to maintain their status and, where applicable, timely file for employment authorization. F‑1 students were also provided a 60‑day grace period following completion of their studies or authorized practical training to depart the United States, transfer schools, or change status.
The new approach—eliminating “duration of status” (D/S)
Under the final rule, DHS eliminates the D/S framework and replaces it with fixed periods of admission for F-1, J-1, and I nonimmigrants. F-1 and J-1 nonimmigrants will be admitted for the duration of their academic or exchange program, not to exceed four years. I nonimmigrants will be admitted for the time necessary to complete their qualifying assignment, up to 240 days, unless they hold a passport issued by the People’s Republic of China (other than Hong Kong or Macau Special Administrative Region (SAR) passports, in which case their period of admission cannot exceed 90 days.
F-1 and J-1 nonimmigrants who require additional time to complete their studies, exchange programs, or authorized practical training will be required to apply for an extension of stay with USCIS. This represents a significant shift in oversight from educational institutions to the federal government and introduces additional filing requirements that could affect students’ ability to maintain continuous work authorization if extension requests are not timely filed or adjudicated.
The final rule also reduces the F-1 grace period following completion of studies or authorized practical training from 60 days to 30 days. The existing 30-day grace period for J-1 exchange visitors remains unchanged.
The timing
The final rule is scheduled to take effect 60 days after publication in the Federal Register. Current F‑1, J‑1, and I nonimmigrants admitted under the D/S framework will transition to the new system.
The elimination of the D/S framework and the new requirement to apply for extensions of stay with USCIS will create significant new administrative responsibilities and compliance requirements for affected nonimmigrants, their schools, exchange program sponsors, and employers.
Affected nonimmigrants will need to carefully monitor their admission periods and extension requirements and, where necessary, timely file extension of stay applications with USCIS. Failure to maintain lawful status could have implications for both continued lawful status and, where applicable, employment authorization.
Additionally, the new regulation is expected to significantly increase the volume of nonimmigrant extension filings with USCIS, which could further contribute to existing processing backlogs.
Vialto will continue to monitor implementation of the rule and provide updates as they become available.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Michelle Guardado-Tia
Manager
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