DHS has ended the longstanding duration of status (D/S) system for F-1 students, J-1 exchange visitors, and most I nonimmigrants. Beginning September 15, 2026, F-1 and J-1 compliance will depend not only on SEVIS records and Forms I-20 or DS-2019, but also on the expiration date in the individual’s Form I-94.

For employers, schools, sponsors, and international students, this is a major operational change. A missed admission-expiration date can create immigration and employment-authorization consequences. 8 C.F.R. § 214.1 (effective Sept. 15, 2026)

What Changed for F-1 and J-1 Status?

Under the new rule, F and J nonimmigrants are generally admitted through the program end date on the Form I-20 or DS-2019, subject to a maximum four-year admission period and the applicable arrival/departure periods. A school’s or sponsor’s update to SEVIS does not itself extend the person’s authorized stay beyond the I-94 expiration date. Where additional time is needed, an extension of stay with USCIS—or departure and readmission—may be necessary.

The rule also reduces the standard F-1 departure period after completion from 60 days to 30 days for individuals admitted under the new framework. 8 C.F.R. § 214.1(a)(4); 8 C.F.R. § 214.2(f)(5) (effective Sept. 15, 2026)

Which Students Qualify for the Transition Rules?

F-1 and J-1 nonimmigrants who were admitted for D/S, are properly maintaining status, and are physically present in the United States on September 15, 2026 receive temporary transition protection. They may generally remain through the later of their EAD expiration date or current program end date, subject to a four-year outer limit from the effective date. The transition rule preserves a 60-day F-1 departure period and a 30-day J-1 departure period.

However, travel matters. An F-1 or J-1 holder who leaves the United States after the effective date and later returns will be admitted under a fixed period and should not assume that the transition protections remain available. 8 C.F.R. § 214.1(m)

How Does the New Rule Affect OPT and STEM OPT?

Students who need time for post-completion OPT or the 24-month STEM OPT extension will need to plan around the new admission rules. For F-1 students covered by the transition provisions, a timely Form I-765 for post-completion OPT or STEM OPT filed on or before March 18, 2027 does not require a concurrent Form I-539 for the requested practical-training period. DHS reserved discretion to extend that temporary exception in six-month increments through future Federal Register notices.

A transition-covered student who departs before filing for OPT or STEM OPT and is then readmitted with a fixed admission period generally must file both the Form I-765 and Form I-539. Students should obtain individualized advice before travel, particularly when an OPT, STEM OPT, change-of-status, or extension application is planned or pending. 8 C.F.R. § 214.1(m)(1)

Does H-1B Cap-Gap Still Apply?

Yes. The cap-gap provision still protects qualifying F-1 students who are beneficiaries of timely filed, nonfrivolous cap-subject H-1B petitions requesting a change of status. If the requirements are met, F-1 status and, where applicable, OPT/STEM OPT employment authorization automatically extend to the earlier of:

• April 1 of the fiscal year for which H-1B status is requested; or
• The validity start date of the approved H-1B petition.

The automatic cap-gap extension ends if USCIS rejects, denies, revokes, or withdraws the H-1B petition, or denies or withdraws the change-of-status request. It is therefore important that employers and employees confirm the requested H-1B classification, filing timing, change-of-status strategy, and travel plans before relying on cap-gap work authorization. 8 C.F.R. § 214.2(f)(5)(vii) (effective Sept. 15, 2026)

What Employers Should Do

Employers hiring F-1 students should update internal immigration and onboarding workflows now:

1. Inventory F-1 employees in OPT, STEM OPT, or anticipated cap-gap situations.
2. Calendar I-94 and EAD deadlines, not merely the Form I-20 end date.
3. Coordinate H-1B planning early so a change-of-status filing is evaluated before the student’s applicable status and work-authorization deadlines.
4. Review Form I-9 procedures for cap-gap cases against current USCIS guidance and calendar any required reverification.
5. Flag international travel for legal review before an employee departs while an OPT/STEM OPT, extension, or H-1B change-of-status strategy is in progress.

What F-1 Students Should Do

F-1 students should take these immediate steps:

• Retrieve a current I-94 after every admission and calendar its expiration date.
• Compare the I-94 date with the Form I-20 program end date and any EAD expiration.
• Meet early with the DSO if you expect a program extension, transfer, OPT/STEM OPT, or a new degree program.
• If eligible for OPT or STEM OPT during the transition period, plan the filing early and assess the March 18, 2027 temporary no-I-539 deadline.
• Do not book international travel without considering its effect on transition status and any pending or planned immigration filing.
• If an employer plans an H-1B filing, confirm whether the petition will request a change of status and whether cap-gap eligibility exists.

Frequently Asked Questions

Is my Form I-20 enough to prove how long I can remain in the United States?

• No. Under the new system, the Form I-20 remains essential, but the I-94 admission expiration date becomes a separate and central compliance deadline.

Do current F-1 students immediately have to file Form I-539 on September 15, 2026?

• Not necessarily. Transition rules cover qualifying D/S-admitted students who are in the United States and maintaining status on the effective date. The necessary strategy depends on program dates, EAD status, travel, and the type of future benefit sought.

Does a program extension in SEVIS automatically extend my immigration stay?

• Not under the new fixed-admission structure. A SEVIS/I-20 update may document the academic program, but an extension of stay with USCIS may also be required before the I-94 admission period ends.



Can I keep working during cap-gap?

• Only if the student meets the cap-gap requirements and had OPT/STEM OPT employment authorization at the relevant time. Students receiving a status-only cap-gap extension do not receive work authorization from cap-gap alone.

Bottom Line: Plan Earlier for F-1, J-1, OPT, and H-1B Cases

The end of F-1 duration of status makes I-94 tracking, travel planning, and advance extension analysis central to immigration compliance. Employers, students, schools, and exchange sponsors should work together well before program completion or an H-1B filing deadline.

This article provides general educational information, not legal advice. Immigration outcomes depend on individual facts, current agency guidance, and timely filings.