DHS Ends Duration of Status for F-1, J-1, I Visas

Big changes coming for certain visas: no more duration of stay (D/S). 

If you are an F-1 student, J-1 exchange visitor, or I-foreign media representative, major immigration changes are around the corner.

Starting September 15, 2026, the Department of Homeland Security (DHS) is eliminating "Duration of Status." Instead, visa holders will be given a fixed "Admit Until Date" (AUD) on their Form I-94.

If you need more time in the U.S. past that date—whether to finish your program, start post-completion OPT, or extend a contract—here is what you need to know.

To stay beyond your I-94 end date, you have two main options:

1. File Form I-539 with USCIS (along with the filing fee) to request an Extension of Stay (EOS).

2. Travel abroad and reenter the U.S. with an updated Form I-20, Form DS-2019, or media contract to receive a new AUD.

Note: If you are already in F, J, or I status before September 15, 2026, special transition rules apply.

Biometrics Appointments: You will likely need to attend an in-person biometrics appointment at an Application Support Center (ASC). If you live in a rural area, plan ahead for travel time and expense.

When to File: You can file Form I-539 up to 180 days before your status expires. Filing before your current period ends keeps you in an authorized stay while you wait for a decision.

Denials and Unlawful Presence:

If denied after your AUD, unlawful presence starts accruing immediately—there is no grace period.

If denied before your AUD, you can stay through your original AUD, but unlawful presence accrues the next day.

If your application is rejected (not accepted for processing), unlawful presence accrues the day after your AUD.

Planning to travel while your EOS application is pending?

Proceed with caution.

Your application won't be considered abandoned if you depart and reenter before your current stay expires and seek readmission for only the remainder of that authorized period. However, presenting a new I-20 or DS-2019 at the port of entry to get extended admission could cause USCIS to consider your pending EOS abandoned.

Spouses and children (F-2, J-2, I dependents) can extend their status too, but how you file matters:

-Paper Filing (By Mail): You can include dependents on the principal’s Form I-539 using Form I-539A without paying a separate fee. Catch: The whole family’s extension will be limited to the shortest period granted to any individual member (e.g., if a passport expires early).

-Online Filing (myUSCIS): Dependents must file separate Form I-539s and pay separate fees, but each application is judged individually.

(This dependent policy applies to all extension applications across USCIS, not just F, J, and I visas.)

If you need assistance with your visa extension or obtaining another type of status, plan early! We recommend consulting an attorney at least 6 months before your expiration date. Call (949) 940-6725, or book a consultation online to speak with one of our experienced immigration attorneys.

DISCLAIMER: This post does not constitute legal advice, or make any guarantees as to a potential outcome. Consult with a qualified, licensed immigration attorney about the facts of your case before proceeding.