Featured Issues

Featured Issue: Elimination of Duration of Status for F, J, and I Visas

7/29/26 AILA Doc. No. 26072902. Students & Schools

On July 17, 2026, DHS published a final rule that ended the longstanding duration of status framework for F, J, and I nonimmigrants. Instead, these visas will now have fixed admission periods of up to four years for F and J visas and 240 days for I visas (90 days for most citizens of China). Individuals whose studies or work will continue beyond that time must seek approval to stay.

AILA strongly opposed this change, which will create unnecessary costs, delays, and uncertainty for students, exchange visitors, international reporters, educational institutions, employers, government agencies, and the U.S. economy. With processing times for I Visas nearing a full year, visa-holders will have to file for extensions as soon as they arrive in the country. Many academic and professional programs—including Ph.D. programs and medical residencies—regularly extend beyond four years. This rule will force hundreds of thousands of additional extension applications, increasing burdens on applicants while adding to existing USCIS and DOS backlogs. These hurdles will likely worsen the already significant decrease in foreign students enrolling at American universities. Some economists estimate that this change could cost the country $72-145 billion within the next ten years.

AILA is closely monitoring all changes to these programs and will continue providing analysis and guidance to help students, exchange visitors, foreign media, schools, employers, and practitioners understand what comes next.

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Roundtable
Navigating the End of Duration of Status for F, J, and I Nonimmigrants
Access the OnDemand recording of AILA’s roundtable examining the impact of the final rule eliminating duration of status for F, J, and I nonimmigrants, including changes affecting admission periods, grace periods, OPT/STEM OPT, and academic transfers.
Browse the Featured Issue: Elimination of Duration of Status for F, J, and I Visas collection
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Federal Court Cases

Coalition of Organizations File Suit Challenging the End of Duration of Status for F, J, and I Visas

A coalition of organizations filed a complaint and motion for preliminary injunction challenging the DHS final rule ending the Duration of Status framework for F, J, and I visa holders. (Presidents’ Alliance on Higher Education and Immigration v. DHS, 8/18/26)

8/18/26 AILA Doc. No. 26081808. Consular Processing, Students & Schools
Accessible to: Member, Student, Govt/Policy, Paralegal.
Correspondence

AILA Sends SEVP Outstanding Questions on the Duration of Status Final Rule

There remain many outstanding questions not answered by duration of status final rule or its preamble, especially relating to the transition period. AILA seeks answers to these questions from ICE's Student and Exchange Visitor Program (SEVP).

8/17/26 AILA Doc. No. 26081804. Business Immigration, Students & Schools
Accessible to Public.
Agency Memos & Announcements

USCIS Announces Publication of New Editions of Forms I-539 and I-765 for Immediate Use on 9/15/26

USCIS will publish revised editions of Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization on 9/15/26. These editions will be required, and versions of the forms rejected, beginning 9/15/26.

8/14/26 AILA Doc. No. 26081464. Students & Schools
Accessible to Public.
Practice Resources

Practice Pointer: Impact of the Duration of Status Final Rule on Student Work Authorization

AILA’s Student Visa Taskforce details the impacts the DHS final rule eliminating duration of status for F, J, and I nonimmigrants will have on student work authorization.

8/11/26 AILA Doc. No. 26081132. Business Immigration, Students & Schools
Accessible to: Member, Student, Paralegal.
Agency Memos & Announcements

DOS Issues Guidance for J Nonimmigrants Following Elimination of Duration of Status Final Rule

On August 10, 2026, DOS issued Guidance Directive 2026-01: Final Rule Establishing a Fixed Time Period of Admission for Exchange Visitors (J Nonimmigrants), providing information on how sponsors should fill out Form DS-2019 and maintain accurate SEVIS records.

8/10/26 AILA Doc. No. 26081031. Admissions & Border, Students & Schools
Accessible to Public.
Practice Resources

Practice Pointer: Elimination of Duration of Status Final Rule Severely Changes and Restricts F-1 Students’ Academic Mobility

The DHS final rule eliminating duration of status for F, J, and I nonimmigrants introduces significant restrictions on academic mobility for F-1 students, particularly regarding changes in educational objectives and school transfers. The rule takes effect on September 15, 2026.

7/30/26 AILA Doc. No. 26073062. Students & Schools
Accessible to: Member, Student, Paralegal.
Practice Resources

Practice Pointer: Advising F‑1 Students from Travel‑Ban and Pause‑Listed Countries in Response to the Elimination of Duration of Status Final Rule

The DHS final rule eliminating duration of status for F, J, and I nonimmigrants poses significant challenges for F-1 students from travel-ban and pause countries. These students face increased risks in travel, visa processing, and status maintenance, requiring careful legal guidance and planning.

7/30/26 AILA Doc. No. 26073064. Consular Processing, Students & Schools
Accessible to: Member, Student, Paralegal.
Practice Resources

Practice Pointer: Filing for Extensions of Stay for F, J, and I Nonimmigrants

AILA’s Student Visa Taskforce provides guidance on filing for extensions of stay for F, J, and I nonimmigrants after the DHS final rule eliminating duration of status for these visa classifications take effect on September 15, 2026.

7/29/26 AILA Doc. No. 26072963. Admissions & Border, Business Immigration, Students & Schools
Accessible to: Member, Student, Paralegal.
Practice Resources

Practice Pointer: Summary of Transition Procedures in DHS Final Rule Eliminating Duration of Status for F, J, and I Visa Classifications

AILA’s Student Visa Taskforce offers guidance and practice tips on the transition period procedures under the DHS final rule eliminating duration of status for F, J, and I visa classifications which takes effect on September 15, 2026.

7/24/26 AILA Doc. No. 26072402. Admissions & Border, Business Immigration, Students & Schools
Accessible to: Member, Student, Paralegal.
Practice Resources

Practice Pointer: DHS Ends Duration of Status and Adopts Fixed Admission Periods for Certain Nonimmigrant Statuses

AILA’s Student Visa Taskforce provides an overview of the DHS final rule changing the admission period in the F, J, and I classifications from duration of status to an admission for a fixed time period, with tips for practitioners going forward.

7/23/26 AILA Doc. No. 26072003. Admissions & Border, Business Immigration, Students & Schools
Accessible to: Member, Student, Paralegal.
FR Regulations & Notices

ICE Final Rule Eliminating Duration of Status for F, J, and I Visa-Holders

ICE final rule changing the admission period in the F, J, and I classifications from duration of status to an admission for a fixed time period. It has been classified as a major rule subject to congressional review. The effective date is 9/15/26. (91 FR 44976, 7/17/26)

7/17/26 AILA Doc. No. 26071763. Admissions & Border, Business Immigration, Students & Schools
Accessible to Public.
Agency Memos & Announcements

DHS to Issue Final Rule Eliminating Duration of Status for F, J, and I Visas

DHS announced a final rule changing the admission period in the F (academic student), J (exchange visitor), and I (representatives of foreign information media) classifications from duration of status to admission for a fixed period. The rule will publish on 7/17/26. An advance copy is available.

7/16/26 AILA Doc. No. 26071667. Students & Schools
Accessible to Public.
Policy Briefs

Policy Brief: Policies Targeting Skilled Workers and Students Crush American Innovation and Harm our Economy

The Trump administration's immigration policies targeting highly skilled immigrants threatens to weaken the U.S. economy through undercutting innovation and not providing ample opportunity for potential talent to stay and contribute.

10/2/25 AILA Doc. No. 25100206. H-1B & H-1B1 Specialty Occupation, Students & Schools
Accessible to Public.
Memo & Regulatory Comments

AILA and Council Joint Comment on Elimination of Duration of Status NPRM

AILA and Council jointly submitted this comment opposing the DHS NPRM which seeks to eliminate duration of status admission periods for F, J, and I nonimmigrants.  Comments are due on September 29.

9/29/25 AILA Doc. No. 25092900. Admissions & Border, Business Immigration, Students & Schools
Accessible to Public.
Federal Agencies, FR Regulations & Notices

DHS NPRM on Fixed Period of Admission and Extension of Stay Procedures for F, J, and I Visas

DHS NPRM proposing to change the admission period in the F (academic student), J (exchange visitor), and I (representatives of foreign information media) classifications from duration of status to admission for a fixed period. Comments due 9/28/25. (90 FR 42070, 8/28/25)

8/28/25 AILA Doc. No. 25082764. Students & Schools
Accessible to Public.
Accessible to Public.