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USAVisas

F-1 and J-1 stays capped at 4 years from 15 September

A DHS final rule ends open-ended student status: admission runs to the program end date, up to 4 years. The date is subject to congressional review.

Filed
17 July 2026 · effective 15 September 2026
Affects
Internationally trained dentists in, or applying to, US programs on F-1 or J-1 visas

The Department of Homeland Security published a final rule in the Federal Register on 17 July 2026 replacing "duration of status" — the open-ended framework under which F, J and I nonimmigrants have been admitted — with a fixed admission period.

Under the rule, an F-1 student or J-1 exchange visitor is admitted up to the program end date recorded on the Form I-20 or DS-2019, not to exceed 4 years, plus 30 days to depart.

Students may still be admitted up to 30 days before the program start date, and those days do not count toward the 4-year maximum.

The rule takes effect on 15 September 2026. DHS classified it as a major rule subject to congressional review, and states that if the effective date changes it will publish a further document in the Federal Register to set the actual date or terminate the rule.

Extending a stay for longer programs

Two mechanics change for anyone who needs longer than the period granted.

The departure period after a program ends falls from 60 days to 30; DHS states that 30 days is an appropriate balance between the 60-day and 10-day periods used elsewhere.

Staying beyond the admitted period now requires an Extension of Stay filed with USCIS — a step that did not exist under duration of status.

DHS notes that a designated school official can still extend a program end date in SEVIS, but that the student must then:

  • file the extension with USCIS
  • leave and seek readmission at a port of entry
Rule
Before 15 September 2026
From 15 September 2026
Admission period, F-1 and J-1
Duration of status — no fixed end
Program end date, up to 4 years
Departure period after the program ends
60 days
30 days
Staying beyond the admitted period
Not applicable under duration of status
Extension of Stay filed with USCIS

Professional programs are not exempt

Commenters asked DHS to exempt professional programs including dentistry, medicine and architecture from the fixed periods.

DHS declined, writing that it wishes to establish predetermined points at which immigration officers can evaluate whether a student is maintaining status, and that those who need more time may apply to extend.

DHS states there is a 60-day implementation period and a 4-year transition period, and that those already in duration of status when the rule takes effect have up to 4 years to finish their programs.

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