USCIS Policy Alert · September 2026 Update
Fixed Period of Admission for F and J Visas (2026)
A DHS final rule ends open-ended Duration of Status for F, J, and I visa holders on September 15, 2026, giving them a fixed admission end date. Here is what changes, and what it means if you later marry a U.S. citizen.
Summary
For decades, F academic students and J exchange visitors have been admitted for Duration of Status (D/S), an open-ended stay tied to their program rather than a fixed date. A DHS final rule (91 FR 44976), effective September 15, 2026, replaces D/S with a fixed admission period and a new extension-of-stay procedure for F, J, and I nonimmigrants. To apply the rule, USCIS is publishing new editions of Form I-539 and Form I-765 dated 09/15/26 with zero grace period. This page explains what changes, how to extend your stay, and what a fixed date means for students and exchange visitors who later marry a U.S. citizen and file for a green card.
At a glance: the fixed period of admission rule
| The rule | DHS final rule establishing a fixed time period of admission for F, J, and I nonimmigrants (91 FR 44976). |
| Effective date | September 15, 2026. |
| What it replaces | Duration of Status (D/S), the open-ended admission tied to program length, for F, J, and I classifications. |
| Who is affected | F academic students, J exchange visitors, and I foreign media representatives, plus their F-2 and J-2 dependents. |
| F student period | Up to the program length on the Form I-20, not to exceed four years, plus a 30-day arrival window and a 30-day departure period. |
| J exchange visitor period | Up to a four-year maximum, measured from the program start date on the Form DS-2019. |
| How to extend | File Form I-539 (Extension of Stay) with USCIS before the admission period ends, or depart and re-enter on a new admission. |
| Tied form editions | New Form I-539 and Form I-765 editions (09/15/26), required starting September 15, 2026, with zero grace period. |
Sources: DHS final rule (Federal Register) and the USCIS Form I-539 and I-765 alert. This page is general information, not legal advice.
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What Is Changing: From Duration of Status to a Fixed Date
Until now, F and J visa holders have been admitted for Duration of Status, written as D/S on the Form I-94. D/S sets no end date: you can stay as long as you maintain your program and status.
The 2026 DHS final rule ends D/S for F, J, and I nonimmigrants. It replaces D/S with a fixed admission period, a specific end date on the stay. After that date, you must have filed for an extension or left the United States.
The rule takes effect September 15, 2026, and creates a formal extension-of-stay procedure for people who need more time to finish or continue their program.
How Long the Fixed Period Is
The length of the fixed admission period depends on the visa category:
| Category | Fixed admission period |
|---|---|
| F academic students | Up to the program length on the Form I-20, not to exceed four years, plus a 30-day arrival window and a 30-day departure period. |
| J exchange visitors | Up to a four-year maximum, measured from the program start date on the Form DS-2019. |
| I foreign media representatives | Generally a 240-day admission period (90 days for most People's Republic of China passport holders). |
| F-2 and J-2 dependents | A fixed period tied to and not exceeding the principal's authorized admission period. |
Sub-limits apply to some F students (for example, English-language-training and public high-school programs). Verify your own dates on your Form I-20 or DS-2019 and with your designated school official or program sponsor.
Already in the U.S. on Duration of Status? The Transition Rule
The rule includes a transition cushion for people already here. An F student on D/S who is in the United States on September 15, 2026 may generally stay through the program end date on the Form I-20, or through valid post-completion OPT or STEM OPT, without filing for an extension right away.
That transition period is capped at November 14, 2030, and keeps the older 60-day departure period. New admissions on or after September 15, 2026 get the shorter 30-day departure period.
Details depend on your program dates and OPT status. Confirm your deadline with your designated school official (DSO) or program sponsor.
How to Extend Your Stay: Form I-539
If you need more time than your fixed admission period allows, you have two options:
- File Form I-539 (Application to Extend/Change Nonimmigrant Status) with USCIS before your period ends. The process includes fees and biometrics.
- Depart the United States and re-enter on a new admission period.
You may need an extension to finish a program longer than four years, start a new program, or continue OPT or STEM OPT work authorization.
New Form I-539 and I-765 Editions on September 15, 2026
USCIS is publishing new editions of Form I-539 and Form I-765 dated 09/15/26 to apply this rule, with zero grace period. Starting September 15, 2026, USCIS rejects the earlier editions (I-539 08/28/24 and Form I-765 08/21/25), and it will not accept the new editions if filed before that date. Match the edition to your filing date.
The Form I-765 change matters beyond students: it is the same work permit application used in a marriage green card case. See our Form I-765 edition alert and the full September 2026 USCIS form changes roundup.
What It Means If You Marry a U.S. Citizen and Adjust Status
This part is general information, not legal advice. The rule itself does not address adjustment of status. Still, a fixed admission date changes the practical timeline for an F or J visa holder who marries a U.S. citizen and wants a green card from inside the country.
The spouse of a U.S. citizen is an immediate relative. Immediate relatives who were inspected and admitted or paroled can generally apply for adjustment of status even if their nonimmigrant status later lapses. The bigger change: a fixed end date creates a clear, known deadline instead of the open-ended D/S timeline students were used to.
- Know your date: with a fixed admission period, mark your end date and plan any filing around it rather than assuming an open-ended stay.
- Filing before your date helps avoid a status gap: once a spouse-of-U.S.-citizen adjustment application is properly filed, the applicant is generally in a period of authorized stay while it is pending.
- Use Advance Parole to travel: once your green card application is pending, travel is generally done with Advance Parole rather than on the student or exchange visa. See travel during adjustment of status.
- J-1 two-year home-residency rule: some J-1 (and J-2) visitors are subject to a separate two-year home-country physical presence requirement (INA 212(e)) and generally cannot adjust status until they meet it or obtain a waiver. This is independent of the fixed-admission rule.
For pathway-specific guides, see F-1 student visa to green card and J-1 exchange visitor to green card. If your status has lapsed or may lapse, read what happens if you overstayed a visa and speak with an immigration attorney about your specific situation.
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Frequently Asked Questions: Fixed Period of Admission
When does the fixed period of admission rule take effect?
The DHS final rule takes effect September 15, 2026. On the same date, USCIS begins requiring new editions of Form I-539 and Form I-765 (both 09/15/26) to apply it.
What is Duration of Status, and what replaces it?
Duration of Status (D/S) is the open-ended admission F and J visa holders received, with no fixed end date as long as they maintained their program. The 2026 rule replaces it with a fixed admission period that has a specific end date, plus an extension-of-stay procedure.
How long can an F student stay under the new rule?
An F student is admitted for up to the program length listed on the Form I-20, not to exceed four years, plus a 30-day arrival window and a 30-day departure period. Some programs, such as English-language training, have shorter sub-limits.
How do I extend my stay if my program runs longer?
File Form I-539 (Application to Extend/Change Nonimmigrant Status) with USCIS before your admission period ends, including the required fees and biometrics, or depart and re-enter on a new admission period. This may be needed to finish a longer program, start a new one, or continue OPT or STEM OPT.
I am already in the U.S. on D/S. Does this affect me immediately?
There is a transition cushion. An F student present in the U.S. on September 15, 2026 may generally remain through the program end date on the Form I-20, or through valid OPT or STEM OPT, capped at November 14, 2030, keeping the older 60-day departure period. Confirm your deadline with your DSO or program sponsor.
Can an F-1 student who marries a U.S. citizen apply for a green card?
In general, the spouse of a U.S. citizen is an immediate relative. Immediate relatives who were inspected and admitted can usually apply for adjustment of status even if their nonimmigrant status later lapses. A fixed admission date makes planning your filing timeline more important. J-1 visitors subject to the two-year home-residency requirement are a separate case. Consult a licensed immigration attorney about your specific situation.
Key Takeaways: Fixed Period of Admission
- ✓
A DHS final rule ends Duration of Status for F, J, and I visa holders on September 15, 2026.
- ✓
F students get up to their program length, not to exceed four years, plus 30 days to arrive and 30 to depart.
- ✓
Extensions are requested with Form I-539 before the admission period ends.
- ✓
New Form I-539 and Form I-765 editions (09/15/26) are required starting September 15, 2026, with zero grace period.
- ✓
A fixed end date makes planning your green card filing timeline more important if you marry a U.S. citizen.
- ✓
The J-1 two-year home-residency requirement is a separate rule that can affect adjustment of status.
This article is for educational purposes only and is not legal advice. Green Card Genius is self-help immigration software, not a law firm, and does not provide legal representation or advice about maintaining nonimmigrant status. Immigration rules and USCIS policies change frequently. For advice on a specific case, consult a licensed immigration attorney.
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- 01Form I-765 Edition Date: What Changes in September 2026?
- 02Form I-765: Work Permit (EAD) for Marriage Green Card Applicants (2026)
- 03F-1 Visa to Marriage Green Card: Student Visa AOS (2026)
- 04J-1 Visa to Marriage Green Card: The 2-Year Rule (2026)
- 05Can I Work While My Green Card Application is Pending?
- 06Can I Get a Marriage Green Card if I Overstayed My Visa?
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