The Division of Homeland Safety has issued a last rule ending the longstanding observe of admitting sure overseas nationals for “period of standing,” generally proven as D/S on Kind I-94.
The rule is scheduled to take impact on September 15, 2026. As a result of it’s categorised as a significant rule topic to congressional evaluation, DHS will publish one other discover if Congress adjustments the rule or its efficient date.
Who Is Affected?
The rule applies to:
- F visa holders: Worldwide college students and their dependents;
- J visa holders: Change guests and their dependents; and
- I visa holders: Representatives of overseas info media and their dependents.
What Is Altering?
F, J, and I visa holders have historically been allowed to stay in the US whereas they continued their approved research, alternate packages, sensible coaching, or media assignments.
Underneath the brand new rule:
- Kind I-94 will comprise a particular expiration date;
- An up to date Kind I-20 or Kind DS-2019 is not going to routinely prolong an individual’s approved keep;
- People who want further time should typically apply for an extension with USCIS; and
- USCIS could require biometrics as a part of the extension course of.
New Admission Durations
F-1 College students
F-1 college students and their dependents will typically be admitted for the size of the educational program and approved post-completion sensible coaching, however for not more than 4 years at a time.
The F-1 grace interval after finishing a program or sensible coaching will probably be diminished from 60 days to 30 days.
Shorter admission durations will apply to sure:
- English-language college students;
- Public highschool college students; and
- Border commuter college students.
J-1 Change Guests
J-1 alternate guests and their dependents will typically be admitted for the size of the authorised alternate program, however for not more than 4 years, adopted by a 30-day grace interval.
F-1 and J-1 visa holders should still enter the US as much as 30 days earlier than their packages start. The early-entry interval and the post-completion grace interval is not going to rely towards the four-year most.
International Media Representatives
Most I visa holders and their dependents will probably be admitted for the time wanted to finish the media task, however for not more than 240 days.
I visa holders with passports issued by the Individuals’s Republic of China will typically be restricted to 90 days, besides these touring with Hong Kong or Macau Particular Administrative Area passports.
When Will an Extension Be Required?
An extension could also be required when an individual wants extra time to:
- Full an instructional or alternate program;
- Proceed employment or a media task;
- Switch colleges;
- Start a brand new diploma program;
- Start post-completion OPT; or
- Prolong post-completion OPT.
To acquire an F-1 extension, a scholar should present both:
- A present Kind I-20 displaying that further time is required; or
- Documentation of qualifying educational, medical, or different circumstances past the scholar’s management.
Examples could embody surprising analysis issues, a change in analysis matter, sickness, a pure catastrophe, a nationwide well being disaster, or a college closure.
Particular Guidelines for OPT Purposes
Sure F-1 college students is not going to must file a separate extension-of-status software.
This safety applies to college students who:
- Have a pending post-completion OPT or STEM OPT software when the rule takes impact; or
- File an OPT or STEM OPT software inside six months after the rule’s efficient date.
Employment Whereas an Extension Is Pending
Sure people could proceed working after well timed submitting an extension request:
- STEM OPT candidates will proceed to obtain the prevailing 180-day computerized employment authorization extension;
- F-1 college students approved for on-campus employment, curricular sensible coaching, or employment based mostly on financial hardship could obtain an computerized extension of as much as 240 days; and
- J and I visa holders could proceed working for as much as 240 days whereas a well timed extension software is pending.
New Danger of Illegal Presence
F, J, and I visa holders should fastidiously monitor the expiration date on Kind I-94.
Underneath the brand new rule, illegal presence will typically start as quickly because the particular person’s approved admission interval expires. A well timed extension submitting could stop illegal presence from accumulating whereas USCIS evaluations the appliance.
That is vital as a result of greater than 180 days of illegal presence could end in a three-year bar after departure from the US. One 12 months or extra could end in a ten-year bar.
New Restrictions for F-1 College students
The rule additionally limits when F-1 college students could change colleges or educational packages.
Underneath the brand new necessities:
- Undergraduate college students typically can not change their program, main, or instructional stage throughout the first educational 12 months;
- An exception could also be out there for qualifying circumstances, reminiscent of a college closure or pure catastrophe;
- Graduate college students can not change their program, main, or instructional stage;
- Graduate-school transfers could also be allowed in restricted, extenuating circumstances; and
- After finishing a program, an F-1 scholar is not going to be eligible to pursue one other F-1 program on the identical or a decrease instructional stage.
Journey Whereas an Software Is Pending
Worldwide journey could have an effect on a pending immigration software.
When an individual travels whereas an extension software is pending:
- If the particular person is readmitted for the time remaining on the earlier admission interval, the extension software is not going to be handled as deserted.
- If the particular person is readmitted for the longer interval requested within the extension software, USCIS will deal with the pending extension as deserted as a result of it’s now not vital.
An individual who leaves the US whereas a change-of-status software is pending will typically be thought-about to have deserted that software.
Transition Guidelines for Present Visa Holders
Individuals sustaining legitimate F, J, or I standing when the rule takes impact will obtain a transition interval.
Usually:
- Present F and J visa holders could stay till the later of this system finish date on Kind I-20 or Kind DS-2019 or the expiration date on an OPT employment authorization doc;
- The transition interval typically can not exceed 4 years after the efficient date;
- Present F-1 college students will retain a 60-day grace interval;
- Present J-1 alternate guests will retain a 30-day grace interval;
- Present I visa holders will typically obtain as much as 240 days; and
- I visa holders with lined Chinese language passports will typically obtain as much as 90 days, excluding Hong Kong and Macau SAR passport holders.
Anybody who wants further time past the transition interval should apply for an extension with USCIS.
Adjustments for International Media Representatives
The rule additionally clarifies which actions qualify for I visa standing.
A qualifying overseas media group should:
- Have its dwelling workplace outdoors the US; and
- Usually collect, produce, or distribute journalistic info.
Leisure actions, reminiscent of performing or showing on actuality tv packages, typically is not going to qualify for I standing.
What Stays Unchanged?
The ultimate rule preserves the USCIS coverage of typically giving deference to sure prior Kind I-129 petition approvals involving the identical events and details.
Nonetheless, DHS may search to vary or eradicate that coverage by way of a future rulemaking.
The Backside Line
The rule is scheduled to take impact on September 15, 2026, and can substitute duration-of-status admissions with mounted expiration dates for F, J, and I visa holders. Affected people should carefully monitor Kind I-94, plan forward for extensions, and perceive how program adjustments, employment, and worldwide journey may have an effect on their standing. We anticipate the rule to create further compliance obligations, improve USCIS extension filings, worsen processing delays, and require updates to SEVIS.
The Legislation Places of work of Jacob Sapochnick is carefully following the implementation of this rule and can present updates.
This text is supplied for basic informational functions solely and doesn’t represent authorized recommendation.
Contact Us. If you need to schedule a session, please textual content 619-483-4549 or name 619-819-9204.
Useful Hyperlinks
JOIN OUR NEW FACEBOOK GROUP
Want extra immigration updates? We’ve got created a brand new fb group to deal with the impression of the brand new government orders and different altering developments. Comply with us there!
