DHS ends “duration of status” policy for F-1 and J-1 students, researchers, doctors, and other scholars — as well as for their F-2 and J-2 dependents
On July 17, 2026, the United States Department of Homeland Security (DHS) published a final rule that will significantly impact how foreign students and scholars are admitted to the United States for study, research, teaching, and advanced professional training. The new rule replaces the longstanding practice where F-1 students, J-1 exchange visitors, and I foreign media correspondents are admitted to the United States for “duration of status,” meaning that as long as they comply with the terms of their status (e.g., maintain one’s status as a student, research scientist, professor, etc.) they can stay in the United States without further reauthorization.
Under the new rule, F-1, J-1, and I visas will be issued for a fixed period and will expire on a specific date, which will be indicated on the visa holder’s Form I-94 arrival record. The new fixed duration policy is limited to a maximum of four years.
Now, students who may require additional time to complete their degree program, begin a new degree program, or participate in post-completion Optional Practical Training (OPT) extension will be required to obtain additional authorization. The new rule will require F-1 students, J-1 exchange visitors, and I foreign media correspondents to obtain an extension of stay (Form I-539) inaddition to an employment authorization (Form I-765) to remain in the United States beyond the date indicated on Form I-94.
The rule’s stated purpose is to give immigration officers more touchpoints with these groups of nonimmigrants and to ensure compliance with the terms and conditions of their status. Unless altered or overturned by Congress — through the Congressional Review Act — the new rule becomes effective on September 15, 2026.
The Impact
The practical impact of this change will be especially significant for international students and scholars attending, doing research, and teaching at colleges and universities throughout the United States. The change will also impact employers — particularly those in high-tech and financial services — who rely upon F-1 OPT or STEM OPT employees.
Academic programs that can anticipate additional administrative responsibilities and possible disruptions are those frequently extending beyond four years: Ph.D. and doctoral research programs, medical residency and fellowship training, scientific research appointments, long-term academic exchange programs, and other dual-degree and interdisciplinary graduate programs.
The additional administrative burden facing employers and academic institutions is considerable. Form I-539 filings are generally understood as the individual’s own application to extend or change immigration status and not an employer’s petition filed on behalf of an employee. Likewise, Form I-765 remains the individual’s application for employment authorization, even when that authorization is directly connected to a specific employer.
If an individual cannot begin their program or start employment unless both applications are prepared and approved in a timely fashion, employers and academic institutions may need to become more proactive in how these filings get done. Everybody will now need to closely monitor admission expiration dates and Extension of Stay deadlines. The new rule’s additional adjudication step and shorter 30-day departure period severely limit the time available to address delayed filings, travel problems, or alternative immigration strategies.
Concerns
Among the many individuals, businesses, and institutions affected by the new “fixed duration” rule are international medical school graduates who are enrolled in, or wish to enroll in, J-1 residency and fellowship programs, along with the teaching hospitals sponsoring their training. In a statement released by the Association of American Medical Colleges (AAMC) on the same day the new rule was announced, the concerns of many opposing the new rule were summarized. The AAMC claims that the new policy will undermine our nation’s ability to attract and retain top international medical and biomedical research talent and will ultimately limit Americans’ future access to patient care and critical scientific advancements.
By ending current “duration of status” admissions in favor of a fixed-term period of stay framework, the final rule does not take into account the breadth of complexities of graduate, postdoctoral, and medical residency programs, many of which often take longer than four years to complete.
Maintaining policies that reflect the realities of medical, doctoral, and postdoctoral education and training helps to ensure the United States remains a destination of choice for the world’s most talented learners and researchers.
At a time when the nation is facing a shortage of physicians and growing international competition for its top scientific minds, it is inadvisable to actively reduce our capacity to effectively train the health care workers and biomedical researchers that Americans rely on.
For context, approximately 16,000 residents and fellows – or 1 in 10 residents nationwide – utilize J visas to undergo training at U.S.-based academic health systems every year. National Science Foundation data from 2023 show that there are over 26,000 international graduate students and over 11,000 postdoctoral scholars in the biological and biomedical sciences, many of whom relied on F and J visas. These numbers equate to 24 and 59 percent of total graduate and postdoctoral researchers training or conducting research in those fields at U.S. institutions.
Medical residents, trainees, and researchers are the lifeline for addressing physician shortages across the country and advancing American innovation. Creating impediments to the seamless training of our future physician and biomedical research workforce will have direct impacts on patients’ access to quality care and the advancement of new scientific discoveries.
- AAMC, July 17, 2026
What Now?
While implementation guidance from United States Citizenship and Immigration Services (USCIS), DHS, and probably the Department of State can be expected sometime before September 15, 2026, educational institutions and employers should not wait to begin preparing for this new reality. Earlier planning will be essential.
If you have any questions or concerns about the impact of this new rule on your global workforce development plans — or relating to the interaction of new fixed admission dates, pending extension applications, EAD validity, and Form I-9 obligations — don’t hesitate to contact Orr & Reno for assistance.
