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Duration of Status Ends for F, J and I on Sept 15, 2026

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On September 15, 2026, the two letters printed on almost every student admission record stop meaning what they have always meant. Six days earlier, a federal judge in Boston will hear argument on whether that should happen at all.

In Brief
What happened — DHS published a final rule replacing “duration of status” (D/S) admission for F, J and I nonimmigrants. 91 FR 44976, FR Doc. 2026-14439, RIN 1653-AA95, published July 17, 2026.
Effective — September 15, 2026.
What changes — F and J nonimmigrants are admitted for a fixed period of no more than four years. I (foreign media) nonimmigrants receive a fixed admission period as well.
Who’s affected — F, J and I nonimmigrants, and the schools, exchange sponsors and news organizations that host them. H, L, E and O nonimmigrants and all immigrant categories are not affected.
Timing — USCIS announced on August 14, 2026 that new 09/15/26 editions of Form I-539 and Form I-765 publish on September 15, 2026, and that older editions are rejected starting that date. No grace period.
Caution — A coalition including NAFSA and the Presidents’ Alliance sued on August 18, 2026 in the District of Massachusetts. A motion hearing is set for September 9, 2026. The litigation is unresolved.

What the rule actually does

For decades, most F-1 and J-1 admissions have carried two letters instead of a date. “D/S” — duration of status — meant that a student or exchange visitor was admitted for as long as the program lasted and status was maintained, rather than until a fixed calendar date. That arrangement ends on September 15, 2026.

On July 17, 2026, the Department of Homeland Security published a final rule replacing duration-of-status admission with fixed admission periods. F and J nonimmigrants are to be admitted for a fixed period of no more than four years. I nonimmigrants — representatives of foreign information media — receive a fixed admission period as well. The rule appears at 91 FR 44976 (FR Doc. 2026-14439, RIN 1653-AA95) and takes effect on September 15, 2026.

The change looks procedural. It is structural. An open-ended admission asks a student one question: are you maintaining status? A fixed admission asks a second one that has to be answered on a calendar: when does your authorized stay end, and what have you filed before then?

The four-year clock, in practice

For a four-year bachelor’s degree finished on schedule, the arithmetic is close to painless. For a great deal else, it is a calendar problem that has to be managed rather than assumed away. A doctoral program rarely finishes inside four years. Neither does a combined bachelor’s-and-master’s track, a research-based J-1 appointment that is renewed, a degree interrupted by medical leave or a change of advisor, or a semester of reduced course load that pushes graduation into an extra year.

Under a fixed admission, the date that governs your authorized stay is the end of the admission period itself — not the program end date printed on the Form I-20 or DS-2019. Those two dates used to travel together. After September 15 they need not, and the space between them is where trouble will be manufactured.

Two moments deserve early attention. The first is transferring between schools. The second is a change of educational level — finishing a bachelor’s and beginning a master’s, at the same institution or a different one. Both are ordinary events that used to sit comfortably inside an open-ended admission. Under a fixed one, each becomes a point where program dates, filings and the admission period have to be reconciled deliberately. We are not going to guess at mechanics that the rule and your designated school official will supply; the job for a family this month is to know its dates and ask early, rather than assume the old pattern still holds.

The instrument that carries an extension of stay is Form I-539, Application to Extend/Change Nonimmigrant Status. USCIS is revising it, alongside Form I-765, and says the revisions align the forms with this rule. That is a fair signal about where the paperwork is going to land.

The September 15 form-edition cliff

This is the detail that will catch people who are otherwise doing everything right. On August 14, 2026, USCIS announced new editions of Form I-539 and Form I-765 dated 09/15/26. They publish on September 15, 2026, and older editions are rejected starting that date. There is no grace period.

A rejection is not a denial on the merits. The package simply comes back. But it comes back without a receipt date, and for a student the receipt date is very often the entire point — an employment authorization application that has to be filed inside a window, an extension that has to be on file before an expiration. The lost filing date can cost far more than the postage did.

So the working rule for the next two weeks is unglamorous and firm. If you are filing an I-539 or an I-765 on a current edition, have it delivered before September 15, 2026. If it cannot land before then, wait and file on the 09/15/26 edition. What you must not do is drop an old-edition form in the mail in the second week of September and hope it beats the clock.

The lawsuit that could change this six days early

On August 18, 2026, a coalition sued to stop the rule. The plaintiffs are NAFSA, the Presidents’ Alliance on Higher Education and Immigration, AICUM, the AFT, the Graduate Labor Organization (AFT Local 6516), UAW International, UAW Local 2322, and The NewsGuild-CWA. The case was filed in the U.S. District Court for the District of Massachusetts.

The claims are brought under the Administrative Procedure Act. In substance, the coalition argues that DHS allowed an inadequate comment period, failed to assess the rule’s costs and benefits, failed to respond meaningfully to the comments it did receive, failed to consider less burdensome alternatives, and exceeded its statutory authority. These are process arguments, and process is the ground on which rules of this kind are most often undone.

The schedule is what makes the case urgent rather than academic. On August 19, 2026, the court set an expedited schedule: DHS’s response is due August 31, 2026, and an in-person motion hearing is set for September 9, 2026 — six days before the rule takes effect. We are deliberately not printing a docket number, because the case number circulating in secondary coverage has not been verified. This is the District of Massachusetts case.

Nobody should predict the outcome, and we will not. The honest position is that a rule with a September 15 effective date will be argued in front of a judge on September 9, and that both of those dates belong on your calendar for different reasons.

Plan for the rule taking effect on September 15. Watch September 9. Those are two different instructions, and both of them are correct.

Myth-check: the $100,000 OPT rumor

The claim. International students will have to pay $100,000 in order to do Optional Practical Training.

The reality. No rule text exists publicly and no dollar amount has been officially announced. On August 20, 2026, ICE sent the Office of Information and Regulatory Affairs a package titled “Optional Practical Training Fees.” There is no publicly available information about what is in it. It did not appear in the Spring Regulatory Agenda released on July 3, 2026. It carries a different RIN from ICE’s separate OPT program rule, which is not scheduled until February 2027. A DHS spokesperson told the Wall Street Journal that no policy should be considered final until it is formally announced. It is not even known whether students, schools or employers would be the ones paying.

A figure with no rule behind it is not something you can plan around. Do not restructure a degree, decline an offer, or move money because of it.

Who is NOT affected

This is a rule about nonimmigrant admission periods, and it does not reach everyone. H, L, E and O nonimmigrants are not affected. Specialty-occupation workers, intracompany transferees, treaty traders and treaty investors, and individuals of extraordinary ability keep their existing admission framework; nothing in this rule changes how long they are admitted for.

All immigrant categories are unaffected as well. If you are a permanent resident, or your case sits on the immigrant side of the system, the September 15 change does not alter your admission period.

That distinction matters most inside households, where one person may hold F-1 status while another holds an H-1B or has an immigrant case pending. September 15, 2026 is a student, exchange-visitor and foreign-media date. It is not a household-wide date, and it should not be treated as one.

Key Dates

July 17, 2026DHS publishes the final rule ending duration-of-status admission for F, J and I nonimmigrants. 91 FR 44976, FR Doc. 2026-14439, RIN 1653-AA95.
August 14, 2026USCIS announces new 09/15/26 editions of Form I-539 and Form I-765, aligned with the rule.
August 18, 2026NAFSA, the Presidents’ Alliance, AICUM, the AFT, the Graduate Labor Organization (AFT Local 6516), UAW International, UAW Local 2322 and The NewsGuild-CWA file suit in the U.S. District Court for the District of Massachusetts.
August 31, 2026DHS response due under the expedited schedule the court set on August 19, 2026.
September 9, 2026In-person motion hearing in the District of Massachusetts case — six days before the rule takes effect.
September 15, 2026The rule takes effect. The new I-539 and I-765 editions publish and become mandatory; older editions are rejected from this date.
Caution

An I-539 or I-765 submitted on an older edition on or after September 15, 2026 is rejected. There is no grace period and no transition window. If your package is on a current edition, it has to be delivered before September 15; if it cannot be, wait for the 09/15/26 edition. A rejected filing loses its receipt date — and for an employment authorization application or an extension of stay, the receipt date is usually the thing you were trying to protect.

What You Should Do Now

  • Find your I-94 and read the date. Pull your most recent record from the CBP I-94 site and write down exactly what it says. That is the number this rule is about.
  • Put that date next to your program end date. If your program runs past your admitted stay, you have a planning problem to solve now — not in your final semester.
  • Talk to your DSO or responsible officer this month. Schools and exchange sponsors are working through this rule in real time. Be early in that queue rather than late.
  • Decide which side of September 15 your filing is on. A current-edition I-539 or I-765 has to be delivered before that date. Otherwise, wait for the 09/15/26 edition.
  • Raise transfers and changes of level before you commit. If you are moving schools, or moving from a bachelor’s to a master’s, discuss it with your DSO and with counsel before you sign anything.
  • Ignore the $100,000 OPT figure. There is no published rule and no announced amount. A decision made on that number is a decision made on nothing.
  • Put September 9 and September 15 in your calendar. One is a hearing that could change the picture; the other is an effective date that will change it. Watch both.
About the Author
Tolga Ozek, Esq.

Tolga Ozek is the founder of Ozek Law Firm, LLC in Bethesda, Maryland. His practice covers business and immigration law, including investor and intracompany-transfer visas, employment-based immigration, and adjustment of status. The firm advises clients in English, Turkish and Spanish.

Your I-94 date just became the date that matters.

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This article is general information about the DHS final rule published at 91 FR 44976 (FR Doc. 2026-14439, RIN 1653-AA95) on July 17, 2026 and effective September 15, 2026. It is not legal advice and does not create an attorney-client relationship. The litigation filed on August 18, 2026 in the U.S. District Court for the District of Massachusetts is unresolved, and the status of the rule could change on or after the September 9, 2026 hearing. Information is current as of August 29, 2026.

Ozek Law Firm, LLC · 4500 East West Highway, Suite 150, Bethesda, MD 20814 · +1 (202) 854-8545 · info@ozeklaw.com · www.ozeklaw.com
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