On September 15, 2026, the Department of Homeland Security’s final rule eliminating “Duration of Status” (D/S) takes effect for F, J, and I nonimmigrants. The change ends a decades-old framework under which international students and exchange visitors were admitted for the length of their program rather than until a fixed date, and it replaces that flexibility with defined admission periods.
Under the new rule, F-1 students and J-1 exchange visitors — and their dependents — will be admitted for the length of their program up to a maximum of four years, plus a 30-day grace period. Anyone who needs to remain in the United States beyond that authorized period must now file an extension of stay application with USCIS, submit biometrics, and demonstrate continued eligibility. That is a substantive shift: status that previously renewed itself alongside academic progress now requires an affirmative, adjudicated filing.
USCIS is issuing revised editions of Form I-539 (Application to Extend/Change Nonimmigrant Status) and Form I-765 (Application for Employment Authorization) on the same date, and the agency has stated there will be no grace period for them, because the revised editions are what allow USCIS to apply the new rule. The agency will reject the 08/21/25 edition of Form I-765 and the 08/28/24 edition of Form I-539 if they are postmarked or submitted electronically on or after September 15, 2026. USCIS has published preview versions of the 09/15/26 editions with instructions so filers can prepare in advance.
The practical risk here is a rejection on a technicality. An application mailed on September 14 on the old edition is fine; the same package postmarked September 15 is not. Anyone filing an OPT or STEM OPT application, a change of status, or an extension in this window should confirm the edition date printed on the form before submitting, and should budget for the possibility that a rejected filing creates a gap in work authorization.
For prospective employment-based green card applicants, this matters well beyond the student years. The F-1 to H-1B to EB-2 NIW path depends on maintaining unbroken status, and a fixed admission period leaves less room for the timing slippage that program extensions and research delays routinely create.
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Source: LinkedIn - Smart Immigrant AI