Elimination of Duration of Status Impact on J-1 Exchange Visitors

Summary

On July 17, 2026, the U.S. Department of Homeland Security (DHS) published a final rule that will change the way exchange visitors are admitted to and maintain status in the United States.

Beginning September 15, 2026, the new rule will replace the current Duration of Status (D/S) framework with a fixed period of admission, Admit Until Date (AUD), and introduce a new Extension of Stay (EOS) process. These changes may affect J-1 exchange visitors who need additional time to complete their programs.

Departments, faculty sponsors, and exchange visitors are encouraged to review their program end dates and plan in advance if an extension may be necessary.

Duration of Status (D/S):
When a nonimmigrant enters the United States, a U.S. Customs and Border Protection (CBP) officer determines how long the individual is authorized to stay in the United States. This information is recorded on the individual’s Form I-94.

Instead of having a specific end date on the I-94, individuals admitted for D/S could generally remain in the United States as long as they continued to meet the requirements of their F-1 or J-1 status.

For J-1 scholars, this generally meant:

• Continuing to participate in the approved J-1 program;
• Maintaining a valid SEVIS record;
• Following the requirements of J-1 status; and
• Completing the program within the authorized program period listed on the DS-2019.

It is important to understand that the I-94 and visa serve different purposes. The visa allows an individual to request entry to the United States, while the I-94 shows how long the individual is authorized to remain in the United States after entering.

Admit Until Date (AUD):
The Admit Until Date (AUD) is the date on your Form I-94 that indicates when your authorized stay in the United States ends. Beginning September 15, 2026, J-1 scholars and their dependents will be admitted for a specific period, with an end date listed on their Form I-94. The AUD should include the applicable grace period following the completion of your program.

Extension of Stay (EOS):
An application submitted through Form I-539 to United States Citizenship and Immigration Services (USCIS) to obtain an additional period of authorized stay beyond the approved AUD.

Changes Under the New Rule, effective: September 15, 2026

• Have a specific expiration date on their Form I-94 rather than the “D/S” notation.
• Generally, be admitted through the end date of their program or appointment listed on the Form DS-2019 plus a 30-day grace period, or for up to four years, whichever comes first.
• Be responsible for checking their Form I-94 and keeping track of their authorized stay.
• Need to take additional steps if they wish to remain in the United States beyond the date on their I-94. Depending on their circumstances, this may involve requesting an extension of stay from USCIS 180 days before the I-94 expires or departing the United States and seeking readmission.

Four Years Is Not a Maximum Time in J-1 Status:
A common confusion about the new rule as related for the J-1 Research Scholar category is that J-1 scholars will only be allowed to remain in the United States for a total of four years. This is not correct.

The four-year period generally refers to the maximum length of a single period of admission, not the total amount of time an individual may participate in a J-1 program in the United States.

For example, some J-1 scholars may have programs that last longer than four years listed on the DS-2019. If you need to remain in the United States beyond the end date on your Form I-94, you may be able to obtain additional time if you continue to qualify for J-1 status.

Before your current authorized stay expires on the I-94 Travel Record, you may need to request an extension of stay or travel outside the United States and seek readmission for a new period of authorized stay.

Important: The new rule does not create a four-year lifetime limit on J-1 status. Your ability to remain in the United States depends on your continued eligibility for your J-1 program and compliance with applicable immigration requirements.

Frequently Asked Questions

How does the new rule impact J-1 exchange visitors?
For J-1 exchange visitors who enter the United States on or after September 15, 2026, the main change is that their Form I-94 will generally show a specific Admit Until Date (AUD) instead of “D/S.” If a J-1 exchange visitor needs to remain in the United States beyond the AUD, they must obtain a new period of authorized stay before the current admission expires. Depending on the circumstances, this may be done by:

• Requesting Extension of Stay (EOS) 180 days before the current I-94 expires; or
• Traveling outside the United States and seeking readmission for a new period of authorized stay.

Important: J-1 exchange visitors should check their Form I-94 after entering the United States and keep track of their AUD.

What if I am already in the United States before September 15, 2026?
If you are already in the United States in J-1 status and were admitted under Duration of Status (D/S) before September 15, 2026, the new rule generally will not change your status immediately on that date.

Under the transition provisions, your current D/S admission generally remains in effect until one of the following occurs:

• You travel outside the United States and are readmitted;
• You receive an approved Extension of Stay (EOS); or
• You change to another immigration status.

If you remain in the United States without one of these changes, you generally continue under the D/S provisions that applied when you were admitted.

Does the new rule change how long my J-1 program can last?
No. The new rule does not change the maximum program length allowed for J-1 exchange visitors. The existing time limits for each J-1 category remain the same. For example, J-1 Research Scholars and Professors may continue to participate for up to five years, subject to the applicable program requirements. Other J-1 categories, such as Short-Term Scholars, Specialists, Students, and Student Interns, will continue to follow the time limits that apply to their specific category. The key change is how long you are authorized to stay in the United States at one time.

If I travelled internationally, how long will I be admitted after I returned?
The length of your admission will depend on your individual circumstances and the dates on your immigration documents. In general, when you return to the United States, CBP will admit you through the earlier of:

•  The end date of your program listed on your Form DS-2019; or
• Four years from the date of your admission.

Plus, a 30-day grace period.

For examples, a research scholar returns with a DS-2019 ending in 2028. The scholar will generally receive an Admit Until Date matching the DS-2019 end date plus a 30-day grace period.

How does the new rule affect my J-2 dependents?
The new rule also applies to J-2 dependents who enter the United States on or after September 15, 2026. If the J-2 is currently in the U.S., were admitted under Duration of Status (D/S) before September 15, 2026, the new rule generally will not change your status immediately on that date. If the J-2 remains in the United States without requesting an Extension of Stay (EOS) or travelling outside the U.S., the new rule generally will not change your status immediately on that date.

What if my passport expires before my program ends?
Your passport should generally be valid for at least six months beyond the date you plan to enter the United States, unless your country is covered by an exception to the six-month passport validity rule. If your passport expires before the end of your program, your authorized period of admission may be limited by your passport expiration date. This could result in an I-94 end date that is earlier than your program end date. To avoid travel or status complications, renew your passport well in advance of its expiration date, especially if you plan to travel internationally.

Are there any changes to the USCIS Forms I-539 for Extension of Stay and I-765 Employment Authorization?
Yes. USCIS will release revised editions of Forms I-539 and I-765 on September 15, 2026, in connection with the new rules establishing a fixed period of admission, an Admit Until Date (AUD) on Form I-94. There will be no grace period for the new editions. Applicants filing on or after September 15 must use the 09/15/26 editions.

• Form I-539: Application to Extend/Change Nonimmigrant Status
  – USCIS will accept the 08/28/24 edition if it is filed before September 15, 2026.
  – USCIS will accept the 09/15/26 edition beginning September 15, 2026.
  – The older 08/28/24 edition will not be accepted if filed on or after September 15, 2026.
• Form I-765: Application for Employment Authorization
  – USCIS will accept the 08/21/25 edition if it is filed before September 15, 2026.
  – USCIS will accept the 09/15/26 edition beginning September 15, 2026.
  – The older 08/21/25 edition will not be accepted if filed on or after September 15, 2026.

Important: Do not submit the 09/15/26 editions before September 15, 2026. USCIS has made preview versions of both forms and their instructions available so applicants can prepare in advance.

BEFORE FILING: Always check the edition date at the bottom of the Form I-539 and Form I-765 pages on the USCIS website to confirm you are using the correct edition.

 

 

Disclaimer
The information and updates provided on this website reflect our best current understanding of the new regulations and are provided for general informational and educational purposes only. This information is subject to change as we receive additional information. We will continually update this website to reflect forthcoming guidance from various agencies on both the interpretation and implementation of the regulations. Information on this webpage does not constitute legal advice. We request that any departments or individuals with immigration related questions regarding the new regulations contact OIS directly at international@uthscsa.edu. We are committed to supporting you through this transition.