Tuesday, September 15 marks the effective date of the Department of Homeland Security’s Final Rule that replaces open-ended “Duration of Status” (D/S) admissions with fixed periods of stay for international students (F-1/F-2), exchange visitors (J-1/J-2) and foreign media representatives (I). Published in the Federal Register on July 17, the rule now caps an individual’s authorized stay at the earlier of four years from today or the program end-date listed on the Form I-20 or DS-2019. Students and scholars already in the United States keep their current program dates but must depart—or file an extension—no later than November 14, 2030. A crucial change is that unlawful-presence clocks begin to run immediately for anyone who falls out of status after today. Under the old D/S system, F and J visa holders did not accrue unlawful presence until USCIS or an immigration judge made an adverse finding, offering a cushion against the three- and ten-year re-entry bars. As of today, even inadvertent gaps—such as dropping below full-time enrollment—start the countdown toward those penalties. Practical fallout is already evident. International offices spent the past week rushing to update SEVIS records before a scheduled overnight outage and to educate students about the new Form I-539 extension process. USCIS has released new 09/15/26 editions of Forms I-539 and I-765; older versions will be rejected. Universities are scrambling to revise curricular-practical-training (CPT) policies and warn students that back-to-back programs at the same level (a popular Day 1 CPT workaround) may no longer be viable. For employers, the move heightens I-9 compliance risk. Hiring managers must track individual end-dates instead of relying on the “D/S” annotation in the I-94. Companies sponsoring F-1 STEM-OPT talent will need tighter tickler systems to ensure timely filing of extension requests—USCIS recommends at least 45 days in advance—and to adjust payroll systems if OPT work authorization lapses. Immigration advocates predict litigation, but DHS appears prepared. The agency noted in the final rule that only Congress can grant open-ended stays and that fixed terms align student admissions with every other non-immigrant class. Unless a federal court issues an injunction, today becomes “Day 1” of unlawful-presence accrual for any F, J or I non-immigrant no longer in status.
Source: Federal Register & Alan Lee Law
