Effective September 15, 2026, the Department of Homeland Security (DHS) will replace the longstanding Duration of Status (D/S) admission framework with fixed periods of admission. As a result, employers and foreign national employees will need to pay closer attention to Form I-94 expiration dates and, in many cases, plan for Extension of Stay (EOS) filings with U.S. Citizenship and Immigration Services (USCIS).

Five Things HR Needs to Know

1. Duration of Status (D/S) is ending.

• Beginning September 15, 2026, F-1 students and J-1 exchange visitors generally will no longer be admitted for the duration of their academic or exchange program. Instead, they will receive fixed periods of admission.
• Review your current F-1 and J-1 employee population to identify individuals who may be affected.

2. The Form I-94 becomes the most important document to monitor.

• Maintaining a valid Form I-20 or Form DS-2019 alone will no longer extend an individual's authorized stay.
• Begin tracking Form I-94 expiration dates alongside Forms I-20 and DS-2019.

3. Employees will have less time to plan after program completion.

• The F-1 post-completion grace period is reduced from 60 days to 30 days.
• Encourage employees to begin planning employment transitions and future immigration filings earlier than before.

4. Some employees may require Extension of Stay filings.

• Academic and exchange programs extending beyond an individual's authorized admission period generally will require an Extension of Stay application or a new admission to the United States.
• Identify potentially affected employees well before their Form I-94 expires.

5. Internal immigration tracking procedures should be reviewed.

• Processes that relied primarily on SEVIS program dates may no longer be sufficient.
• Update your immigration tracking systems and compliance procedures before the rule takes effect.

Why This Matters

This rule represents a fundamental shift in how lawful status is maintained for F-1 students and J-1 exchange visitors. While the eligibility requirements for these visa classifications remain largely unchanged, employers can no longer rely solely on school-issued documents to determine how long an employee may remain in the United States. Going forward, proactive monitoring of Form I-94 expiration dates and earlier immigration planning will become essential components of workforce compliance.

How We Can Help

Moore & Van Allen is closely monitoring implementation of this final rule and its impact on employers and foreign national employees. We are available to assist with identifying affected employees, reviewing internal tracking procedures, and planning timely Extension of Stay filings to help organizations remain compliant under the new framework.