Fixed Expiration
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F-1 and J-1 Employees Will Now Receive Fixed I-94 Expiration Dates

Maggio Kattar

The Department of Homeland Security has issued a final rule that significantly changes how F-1 students and J-1 exchange visitors are admitted to the United States. Beginning September 15, 2026, F-1 and J-1 nonimmigrants will receive an I-94 arrival record with a specific expiration date, replacing the longstanding practice of being admitted for the duration of their academic or exchange program.

This is a significant change because the expiration date on the I-94—not simply an updated Form I-20 or DS-2019—will generally determine how long an individual may remain in the United States. Individuals whose academic or exchange program extends beyond their I-94 expiration date will generally need to file an application with USCIS to extend their stay before the I-94 expires.

What The Fixed Expiration Date Means for F-1 and J-1 Visa Holders

The rule introduces an additional immigration compliance requirement that did not previously exist for most F-1 students and J-1 exchange visitors.

Key changes include:

  • Striking all references to D/S for F, J, and I nonimmigrants;
  • Describing requirements for F and J nonimmigrants seeking admission, including after travel abroad and those approved for OPT and academic training;
  • Outlining the process for extension of stay (EOS) applications for F and J nonimmigrants;
  • Providing a short-term reprieve from filing for EOS during the first 6 months after the rule takes effect if applying for employment authorization for either post-completion OPT or STEM OPT;
  • Specifying the effect of departure while an F or J nonimmigrant’s application for an EOS in F or J nonimmigrant status and/or employment authorization (and an associated employment authorization document (EAD)) is pending;
  • Providing procedures specific to the transition from D/S to admission for a fixed time period of authorized stay for F and J nonimmigrants;
  • Codifying that an F-1 student who has timely filed an EOS application, will be authorized to continue pursuing a full course of study after the expiration of the admission period until USCIS adjudicates the EOS application.
  • Setting the authorized admission and extension periods for F and J nonimmigrants up to the program length, not to exceed a 4-year period;
  • For F-1 students changing educational objectives or transferring to an SEVP-certified school, requiring that the student complete his or her first academic year of a program of study at the school that initially issued his or her Form I-20 or successor form, unless an exception is authorized by SEVP;
  • Prohibiting F-1 students at the graduate education level or above from changing educational objectives at any point during a program of study, and prohibiting F-1 students at the graduate education level or above from transferring at any point during their program of study, unless an exception is authorized by SEVP for extenuating circumstances;
  • Outlining procedures and requirements for F-1 nonimmigrants who change educational objectives while in F-1 status;
  • Clarifying the circumstances under which a continuing F-1 student may be granted an EOS;
  • Decreasing the period allowed for F-1 nonimmigrants to prepare to depart from the United States after completion of a course of study or an authorized period of post-completion practical training from 60 to 30 days, and requiring that if an F-1 student ends study or training early, the student and eligible dependents must depart the U.S. or take action to maintain lawful status within 30 days of the end date;
  • Providing for collection of biometric information in conjunction with an EOS application for F and J nonimmigrants;
  • Allowing F nonimmigrants whose timely filed EOS applications remain pending after their admission period has expired to receive an auto-extension of their current authorization for on-campus and off-campus employment based on severe economic hardship resulting from emergent circumstances;
  • Clarifying that J-1 nonimmigrants who are employment authorized with a specific employer incident to status continue to be authorized for such employment for up to 240 days if their status expires while their timely filed EOS application is pending, whereas J-2 dependents, who must apply for employment authorization as evidenced by an EAD, do not have the benefit of continued work authorization once the EAD expires;
  • Providing a temporary reprieve for those J-1s whose D/S status expires shortly after the rule takes effect by allowing them to apply for EOS and continue to work for the duration of the time on their new Form DS-2019 regardless of how long the EOS application takes to adjudicate;
  • Providing the responsibilities of the Responsible Officer when submitting late requests for extension of current program end date for exchange visitors;

Key Considerations for Employers, F-1s and J-1s: 

These regulatory changes are extensive and will have a wide impact on the visa statuses of F-1 and J-1 nonimmigrants, as well as their schools and employers. Employers should anticipate that USCIS may issue updated Form I-9 guidance addressing reverification and compliance under the new admission framework.  

Maggio Kattar will continue to report on the practical implications as these changes are implemented, and F-1s and J-1s, along with their schools and employers, should reach out to their MK contacts for further guidance.