What the New Duration of Status (D/S) Transition Rules Mean for F-1, J-1, and I Visa Holders

Big changes are coming to immigration rules regarding Duration of Status (D/S) starting September 15, 2026. If you are currently in the U.S. on an F-1 (student), J-1 (exchange visitor), or I (foreign media) visa, here is a clear breakdown of how these transition rules affect you and what steps you should take to protect your status.

Key Takeaways for F-1 and J-1 Visa Holders in the U.S. on Sept 15, 2026

If you are physically in the U.S. with valid status on September 15, 2026:

• Staying in the U.S.: You can remain until the end date on your Form I-20 or DS-2019, up to a maximum of four years (until September 15, 2030).

• Grace Periods: You automatically keep your standard grace period at the end of your program (60 days for F-1 students; 30 days for J-1 exchange visitors).

• No Extra Paperwork Needed (For Now): You do not need to file Form I-539 (Application to Extend/Change Nonimmigrant Status) just to stay under these transition rules.

Warning: How International Travel Impacts Your Status

Traveling outside the U.S. after September 15, 2026, will change the rules for you upon re-entry:

1. Shorter Grace Period for F-1s: If you travel abroad and re-enter, your F-1 grace period will drop from 60 days down to 30 days.

2. Strict Expiration Dates: You will be admitted with a specific end date on your I-94 card (matching your I-20/DS-2019 or EAD end date, up to a max of 4 years).

3. Extensions Required: Once you re-enter under the new rules, you will be required to file Form I-539 to extend your stay if you need more time for school, program transfers, OPT, or STEM OPT.

Work Authorizations (OPT / STEM OPT) & Extensions

• Already Pending OPT Applications: If you filed for post-completion OPT or STEM OPT on time, you can stay in the U.S. while USCIS processes it. You do not need to file a separate Form I-539.

• Filing Before March 18, 2027: If you qualify and file your OPT/STEM OPT work permit application (Form I-765) before March 18, 2027, you generally will not need to file Form I-539 to extend your stay, provided you have not traveled internationally after September 15, 2026.

• If You Need More Time: If you stay in the U.S. and need time beyond your current I-20/DS-2019 end date (and do not travel abroad to re-enter), you must file Form I-539 with USCIS.

Special Rules for Foreign Media (I Visas)

If you are in the U.S. in valid I visa status on September 15, 2026:

• Standard Limits: You can remain in status to complete your media activities for up to 300 days after the final rule was published (until May 13, 2027).

• PRC Passport Holders: Individuals traveling on People's Republic of China (PRC) passports (excluding Hong Kong and Macau) have a shorter limit of up to 150 days (until December 14, 2026).

• Extensions: To stay longer than these transition dates, you must file Form I-539 with USCIS or leave and apply for re-entry.

Actionable Tips from Our Legal Team

1. Update Your Records Early: If you need more time for your program or are starting a new one, work with your Designated School Official (DSO) or sponsor to get an updated Form I-20 or DS-2019 before September 15, 2026.

2. File OPT Applications Early:

   • Apply for OPT/STEM OPT before September 15, 2026, if eligible.

   • If graduating by May/June 2027, utilize the 90-day advance filing window to submit your OPT application before March 18, 2027, avoiding the extra I-539 extension application.

3. Incoming Students: If possible, enter the U.S. (up to 30 days before your start date) before September 15, 2026, to take advantage of the transition protections and longer grace periods.

4. Reconsider Fall 2026 International Travel: Travel around or after September 15, 2026, can cause you to lose key benefits (like the 60-day F-1 grace period) and trigger additional application filing requirements. Try to return to the U.S. before September 15, 2026, or postpone non-essential travel.

Disclaimer: Immigration policies change frequently. Every case is unique, so please contact our office directly to discuss how these transition rules apply to your specific situation before making travel or filing plans.