DHS Finalizes New Rules for International Students and Exchange Visitors

Introduction

The U.S. Department of Homeland Security (DHS), through U.S. Immigration and Customs Enforcement (ICE) has issued a final rule that changes how certain nonimmigrants are admitted to and remain in the United States. The rule replaces the longstanding duration of status (D/S) framework for F academic students, J exchange visitors, and I representatives of foreign information media with admission for a fixed period of authorized stay.

The rule also establishes new extension-of-stay procedures and related admission requirements for individuals in these classifications. DHS states that the changes are intended to provide additional protections and oversight and allow the agency to better evaluate whether these nonimmigrants are maintaining status while temporarily in the United States.
The final rule is scheduled to take effect on September 15, 2026, although DHS notes that the rule has been classified as a major rule subject to congressional review. If the effective date changes following congressional review, DHS states it will publish another Federal Register notice to establish the actual effective date or terminate the rule.

For colleges, universities, exchange visitor sponsors, foreign media organizations, international student offices, and affected nonimmigrants, this rule represents a major shift in immigration status management.

From Duration of Status to Fixed Admission Periods

DHS explains that, unlike most nonimmigrant classifications, F, J, and I nonimmigrants have generally been admitted for an unspecified period known as duration of status. Under D/S, F students could generally remain while pursuing a full course of study or authorized practical training, J exchange visitors could remain during participation in an authorized program, and I media representatives could remain for the duration of their foreign employment duties in the United States.

DHS states that the number of F, J, and I admissions has increased significantly since D/S was first introduced. The rule notes that in fiscal year 2024, there were more than 1.8 million admissions in F status, more than 500,000 admissions in J status, and 37,330 admissions for I nonimmigrant foreign media representatives.

According to DHS, this growth has made it more difficult for the agency to monitor and oversee individuals in these classifications while they are in the United States. DHS states that D/S generally does not provide enough predetermined opportunities for immigration officers to directly verify whether individuals are engaging only in activities authorized by their classifications.

The rule also ties the change to long-standing government concerns about oversight of student and exchange visitor programs. DHS cites post‑9/11 directives, the creation of the Student and Exchange Visitor Program (SEVP), and the implementation of SEVIS as part of the broader effort to strengthen monitoring of international students and exchange visitors.

Why DHS Says the Current System No Longer Works

The central policy shift is DHS’s move away from open-ended admissions and toward a system built around fixed admission periods.

Under the prior D/S model, many F, J, and I nonimmigrants were admitted without a specific admission end date. DHS states that this structure limited direct agency interaction except in certain circumstances, such as applications for optional practical training employment authorization or reinstatement after failure to maintain status.

Under the final rule, individuals who want to remain in the United States beyond their fixed period of admission will generally need to apply directly to DHS for an extension of stay (EOS) or gain readmission by traveling abroad and re-entering the United States.

DHS frames this change as a way to create more direct oversight, strengthen compliance monitoring, and better align F, J, and I classifications with the fixed-admission model used for many other nonimmigrant categories.

Major Changes in the Final Rule

The final rule removes references to duration of status for F, J, and I nonimmigrants and establishes procedures for admission, extensions of stay, and transition from the D/S framework to fixed admission periods.

DHS states that the rule includes changes to 8 CFR 214.1, including requirements for F and J nonimmigrants seeking admission, extension-of-stay procedures for F, J, and I nonimmigrants, transition procedures for individuals moving from D/S to fixed admission periods, and provisions addressing pending extension and employment authorization applications.

The rule also includes amendments to 8 CFR 214.2, including admission and extension periods for F and J nonimmigrants of up to the program length, not to exceed four years.

How the Final Rule Evolved

DHS received close to 22,000 public comments after publishing the NPRM on August 28, 2025. According to the agency, it carefully reviewed those comments. It made several changes to the proposed regulatory text before publishing the final rule, although DHS states that most of the proposed changes were ultimately adopted.

The final rule includes several modifications and clarifications affecting admissions, extensions of stay, employment authorization, educational objectives, school transfers, and transition procedures between the former duration-of-status framework and the new fixed-admission model. DHS also added provisions addressing issues raised during the rulemaking process, including transitional procedures for certain students and extension-of-stay considerations related to practical training.

While the core policy objective remained unchanged and replaces the duration of status with fixed admission periods, the final rule reflects DHS’s review of public input and incorporates multiple adjustments to implementation requirements and operational procedures.

New Requirements Affecting F‑1 Students

The final rule includes several provisions that may be especially important for F‑1 students and institutions that support them.

DHS states that the rule sets authorized admission and extension periods for F nonimmigrants up to the program length, not to exceed four years.

The rule also includes new restrictions related to changing educational objectives, transferring schools, and moving between education levels. For example, DHS states that F‑1 students changing educational objectives or transferring to an SEVP-certified school must complete the first academic year at the school that initially issued the Form I‑20 or successor form, unless SEVP authorizes an exception.

DHS also states that F‑1 students at the graduate education level or above would be prohibited from changing educational objectives at any point during a program of study. Graduate-level F‑1 students would also be prohibited from transferring during a program of study unless SEVP authorizes an exception for extenuating circumstances.

The rule further provides that an F‑1 student who completes a program at one educational level may only begin another program at a higher educational level and may not change to the same or a lower educational level while in F‑1 status.

Shorter Grace Periods and New Completion Rules

The final rule shortens the period for F‑1 students to prepare to depart the United States after completing a course of study or authorized post-completion practical training from 60 days to 30 days.

DHS also states that if an F‑1 student ends study or training early, the student and eligible dependents must depart the United States or take action to maintain lawful status within 30 days of the end date.

These changes may require institutions to revisit student communications, advising materials, and internal compliance workflows.

Extension Requests, OPT, and Employment Authorization

The rule addresses extension-of-stay issues in connection with F, J, and I nonimmigrants, including certain employment authorization contexts.

DHS states that the final rule provides a short-term reprieve from filing for extension of stay during the first six months after the rule takes effect for individuals applying for employment authorization for post-completion OPT or STEM OPT.

DHS also states that an F‑1 student who timely files an extension-of-stay application will be authorized to continue pursuing a full course of study after the expiration of the admission period until USCIS adjudicates the application.

Additionally, the rule provides that F nonimmigrants whose timely filed extension-of-stay applications remain pending after their admission period expires may receive an auto-extension of certain employment authorization connected to on-campus or off-campus employment based on severe economic hardship resulting from emergent circumstances.

New Limits on Language Training and Program Extensions

The final rule includes a provision limiting language training students to an aggregate 24-month period of stay, including breaks and annual vacation.

DHS also states that delays in completing a program by the program end date specified on the Form I‑20, including delays caused by academic probation, suspension, or repeated inability or unwillingness to complete the course of study, will generally be unacceptable reasons for program extensions for F nonimmigrants.

These provisions may be particularly relevant for institutions offering English language training, pathway programs, or programs with students who require extended completion timelines.

Implications for Colleges, Universities, and Sponsors

For higher education institutions and exchange visitor sponsors, the rule may require a shift from status monitoring built around program participation to status monitoring that also emphasizes fixed admission end dates and formal extension procedures.

International student offices, designated school officials, responsible officers, and compliance staff may need to review institutional processes for:

• Admission-period tracking
• Extension-of-stay reminders
• Transfer and program-change advising
• Graduate student status changes
• OPT and STEM OPT timing
• Departure-period communications
• SEVIS-related workflows

These are practical implementation considerations arising from the rule’s changes to admission periods, extension procedures, program changes, and transition from D/S to fixed-time admissions.

Preparing for the Transition

Review Current D/S-Based Procedures – Identify where current processes assume duration-of-status admissions and determine which procedures must be updated under a fixed admission period framework.

Update Student and Exchange Visitor Communications – Review advising materials to ensure they clearly explain admission end dates, extension-of-stay requirements, departure periods, and the implications of program changes or early completion.

Evaluate SEVIS and Internal Tracking Workflows – Assess whether internal systems support active monitoring of admission periods and extension timelines.
Train Relevant Staff

International student services staff, exchange visitor program administrators, graduate program personnel, and compliance teams may need updated training on the amended requirements.

Why This Rule Matters

This rule changes a foundational feature of how many international students, exchange visitors, and foreign media representatives have historically maintained lawful status in the United States.

A fixed admission period places far greater importance on knowing when authorized stay ends and what action must be taken before that date. For affected individuals, missing an extension deadline or misunderstanding the new framework could have immigration consequences. DHS states that individuals who overstay or violate status may accrue unlawful presence for purposes of statutory inadmissibility grounds under the Immigration and Nationality Act.

For institutions, this creates a need for updated advising, training, and communication strategies. The rule is not only an immigration policy change, it is also an operational compliance issue for organizations that host or support F, J, and I nonimmigrants.

Preparing for Implementation

The final rule is scheduled to take effect on September 15, 2026, subject to congressional review.

If implemented as scheduled, the rule will end the D/S framework for F, J, and I nonimmigrants and replace it with a fixed admission period and extension-of-stay process. DHS states that this change is intended to create more direct oversight and allow the agency to periodically assess whether individuals are complying with the conditions of their classifications.

For affected institutions and individuals, the coming months are an opportunity to review policies, update communications, and prepare for a more data-driven approach to maintaining lawful status.