DHS Moves to End Duration of Status for F-1, J-1, and I Visa Holders
On May 5, 2026, DHS submitted a final rule to the Office of Management and Budget (OMB) to eliminate the "Duration of Status" (D/S) system for F-1, J-1, and I visa holders.
The D/S system has been in place for over 30 years, allowing students to stay in the US as long as they maintained enrollment, with no fixed end date on their I-94.
The new rule would replace D/S with a fixed admission period capped at four years.
The rule could take effect as early as September 2026.
OPT & STEM OPT - Major Disruptions
Under the current system, OPT and STEM OPT work authorization is tied to the student's underlying D/S status - that link would break under the new rule.
Students approved for OPT or STEM OPT would not automatically be authorized to stay for the full work authorization period.
A separate I-94 extension filing with USCIS would be required to align the stay with the Employment Authorization Document (EAD) validity.
If the I-94 expires before the EAD, the work authorization document becomes meaningless
Notes :
*I-94 is the arrival departure record for Non-US and non-permanent residents in the US. Currently it has no end date.
*I-539 is an application to extend/change non-immigrant status or seek reinstatement
Source: Reddy Neumann Brown PC | May 12, 2026