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DHS ends 'duration of status,' caps F-1/J-1 admission at 4 years

DHS ends 'duration of status,' caps F-1/J-1 admission at 4 years

A DHS final rule published July 17, 2026 replaces the ~50-year 'duration of status' framework with fixed admission periods of up to four years for F-1 students, J-1 exchange visitors, and I visa holders, effective September 15, 2026. Staying longer now requires an extension-of-stay application with USCIS (fees and biometrics), and unlawful presence begins accruing right after the I-94 authorized period expires.

Why this matters for founders

If you or key technical hires are on F-1 (including OPT) or J-1 status, map out expiration dates now and budget for USCIS extension filings; students filing OPT EAD requests by March 18, 2027 can avoid a separate extension filing.

Source: Nixon Peabody LLP

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