Beginning September 15, 2026, students and exchange visitors will be admitted to the United States until a specific date on their Form I-94 rather than for “duration of status.” If you are studying, teaching, or researching in Texas, an immigration lawyer can look at your own record, your program dates, and your travel plans and tell you what this rule does and does not do in your situation — and a good deal of what is circulating about it is broader than the rule itself.
Status as of July 31, 2026. Policy can change quickly; the linked official sources are the current word.
Get a Texas Immigration Lawyer — Now
A rule change is not a decision in your case. An experienced immigration attorney can review your I-20 or DS-2019, your program end date, and your timing well before September 15. Call or text 24/7 to be connected with a lawyer near you. You do not need to tell us anything about your immigration status or your school to be connected. Our referral service is free for the people we serve; the lawyer you hire sets their own fees.
What Changed, and When
The Department of Homeland Security published a final rule titled Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media, 91 Fed. Reg. 44976 on July 17, 2026. It was issued through U.S. Immigration and Customs Enforcement under RIN 1653-AA95 and DHS Docket No. ICEB-2025-0001, and it amends 8 C.F.R. Parts 214, 248 and 274a.
The effective date, and an important caveat attached to it, are stated in the rule itself:
“This rule has been classified as a major rule subject to congressional review. The effective date is September 15, 2026. However, at the conclusion of the congressional review, if the effective date has been changed, DHS will publish a document in the Federal Register to establish the actual effective date or to terminate the rule.”
In other words the date on the page is September 15, but the rule contemplates that date moving, and any change would appear in the Federal Register.
What is being replaced is a framework that has governed these classifications for decades. DHS describes it this way: “Unlike aliens in most nonimmigrant classifications who are admitted until a specific departure date, F, J, and I (except for some I nonimmigrants from the People’s Republic of China (PRC)) nonimmigrants are admitted into the United States for an unspecified period of time… This unspecified period of time is referred to as ‘duration of status’ (D/S).” Under D/S, a student could remain as long as they kept complying with the terms of the classification and their SEVIS record stayed valid.
Under the final rule, each admission carries an end date. The maximum periods, from the regulatory text:
- F academic students — “admitted for a fixed period of time, which is the period necessary to complete the course of study indicated on the Form I-20, or successor form, not to exceed a period of 4 years.” A 30-day period before the program start and a 30-day departure period after it do not count toward that maximum.
- J exchange visitors — “may be admitted for the duration of the exchange visitor program, as stated by the program end date noted on Form DS-2019 or successor form, not to exceed a period of 4 years,” plus a 30-day departure period.
- I foreign media representatives — admitted “for a period of time necessary to complete the planned activities or assignments… not to exceed 240 days,” or 90 days for holders of PRC passports other than Hong Kong SAR and Macau SAR passports.
- F-2 and J-2 dependents are capped at the principal’s period.
Two narrower caps sit inside the F category. English language training programs are limited to “a maximum of admission period of 24 months” in the aggregate, including breaks and annual vacation. Public high school students remain limited to “an aggregate of no more than 12 months,” and the rule confirms that “public high school” includes “a charter school or other similar school funded by U.S. taxpayers.”
The rule went through ordinary notice and comment. DHS published the proposal at 90 FR 42070 on August 28, 2025, allowed “32 days to comment on the proposed rule and 60 days to comment on the information collections,” and reports that it “received close to 22,000 public comments.” DHS notes three times in the preamble that a similar change was proposed in 2020 and “withdrawn in 2021.” The rule also adds severability provisions stating that if a court invalidates part of it, DHS intends the rest “to remain in effect to the fullest extent possible.”
Who in Texas This Reaches
This is a national rule keyed to immigration status, not to any state, and the rule contains no Texas-specific breakdown. We are not going to invent one. What is on the public record is that Texas hosts one of the largest international student populations in the country.
According to the Open Doors 2025 state fact sheet for Texas, the state hosted 97,043 international students in 2024/25 — an 8.4 percent increase over the prior year and third in the United States — with an estimated student expenditure of about $2.49 billion. The leading host institutions were the University of North Texas (12,982), the University of Texas at Dallas (10,280), the University of Texas at Arlington (7,864), Texas A&M University–College Station (7,685) and the University of Texas at Austin (7,409). The leading places of origin were India (43.9 percent), China (9.1 percent), Nepal (5.5 percent), Mexico (5.2 percent) and Vietnam (3.8 percent). One caution on that figure: Open Doors counts international students at colleges and universities broadly, including students working on practical training, so it is not a count of F-1 admissions and should not be read as one.
The national scale, in DHS’s own figures from the rule: “approximately 2.1 million persons participated annually in the F, J, and I nonimmigrant programs combined,” broken out as “approximately 1.6 million F nonimmigrants, 504,000 J nonimmigrants, and 24,000 I nonimmigrants” active per year on a fiscal 2022–2024 average. DHS estimates the rule will generate “an annual average of 393,500; 28,000; 6,000 EOS requests for F, J, and I nonimmigrants, respectively” over its ten-year analysis, and puts annualized costs at “$443.1 million to $448.6 million” across all parties.
Within Texas, the people the rule reaches fall into three groups that are treated very differently, and which group a person is in depends on where they are and what status they hold on September 15:
- Those in the United States and properly maintaining F, J or I status on September 15, 2026, who fall under transition provisions.
- Those outside the United States on that date, who are admitted under the new fixed-date framework when they return. The rule is explicit: “the transition procedures do not apply to aliens in F, J, or I nonimmigrant status who are outside the United States when the final rule takes effect, or to any aliens present in the United States in violation of their status.”
- New arrivals after the effective date: “Aliens applying for admission as F or J nonimmigrants after September 15, 2026, will be inspected and may be admitted into the United States…” under the fixed periods above.
The rule also reaches F-1 students at private elementary, middle and high schools in Texas, not only university students.
What This Changes Legally
1. People already here get a transition period, with an outside date. The regulatory text at 8 C.F.R. 214.1(m)(1) reads:
“Aliens with F or J status who are properly maintaining their status on September 15, 2026, and who were admitted for duration of status are authorized to remain in the United States in F or J nonimmigrant status until the later date of either the expiration date on an Employment Authorization Document, Form I-766, or successor form, or the program end date noted on their Form I-20 or Form DS-2019, as applicable, not to exceed a period of 4 years from September 15, 2026, plus the departure period of 60 days for F nonimmigrants, which is November 14, 2030, and 30 days for J nonimmigrants, which is October 15, 2030.”
For I nonimmigrants the transition is much shorter: those properly maintaining status on the effective date may remain “for a period necessary to complete their activity, not to exceed May 13, 2027,” or December 14, 2026 for those presenting the PRC passports described in the rule.
One feature of the transition catches people by surprise: leaving the country ends it. DHS states that “F and J nonimmigrants who depart the United States after the rule’s effective date and before the end date reflected on their Form I-20 or DS-2019 may be admitted with a new fixed admission period, like any other newly admitted F or J nonimmigrant.”
2. Extensions now go to USCIS, not to a school official. Where a Designated School Official or Responsible Officer could previously extend a program directly, the rule separates the two decisions. DHS explains that “the determinations of program extension and EOS should be separated, with the DSO’s and RO’s recommendation being one factor an immigration officer reviews while adjudicating an application for EOS.” The extension application goes to USCIS — DHS states the rule “will not create a new form for an EOS application,” and identifies Form I-539 (with Form I-539A for dependents). A filing fee is required; the rule itself does not state a dollar amount, and the only figure in the document is one quoted from a commenter. Biometrics may be collected under 8 C.F.R. 103.16, and DHS “declines to waive the biometrics and interview requirements.” Premium processing is not available, though USCIS “will continue to explore expanding” it for Form I-539.
3. Timely filing protects status; it does not fully protect work. DHS states that “timely filing of an EOS places the alien in a period of authorized stay, avoiding unlawful presence based upon mere expired status,” and that an F-1 whose I-94 has expired but who timely filed “will be authorized to continue pursuing a full course of study… until USCIS adjudicates the EOS application.” Employment is treated separately and capped: on-campus work, curricular practical training and severe-economic-hardship employment may continue “not to exceed a period of 240 days,” after which “the F-1 student will no longer be authorized for employment” even though study may continue. The same 240-day ceiling applies to J employment incident to status and to I nonimmigrants (90 days for the PRC passport group). There is also a trap in the departure window: a student who files during the 30-day departure period “does not receive an automatic extension of authorized employment, including on-campus, CPT, and severe economic hardship.”
4. The unlawful presence exposure is the biggest legal change in the rule. Under the old framework, DHS explains, “F and J nonimmigrants admitted for D/S do not accrue unlawful presence until the day after USCIS formally finds a nonimmigrant status violation while adjudicating a request for another immigration benefit or on the day after an immigration judge orders the alien excluded, deported, or removed, whichever comes first.” Under the new framework, DHS writes that F, J and I nonimmigrants “would generally begin to accrue unlawful presence following the expiration of their authorized period of admission, as noted on the Form I-94… and could potentially become inadmissible based on that accrual of unlawful presence under INA section 212(a)(9)(B) and (C), 8 U.S.C. 1182(a)(9)(B) and (C), upon departing the United States. These grounds of inadmissibility have important and far-reaching implications on an alien’s future eligibility for a nonimmigrant or immigrant visa, admission to the United States, or adjustment of status to that of a lawful permanent resident.” Those are the provisions commonly called the three- and ten-year bars.
5. The F-1 departure period is cut in half. The rule decreases the period for F-1 nonimmigrants to prepare to depart after completing a course of study or authorized post-completion practical training “from 60 to 30 days.” The J departure period stays at 30 days. Students in the transition cohort under 214.1(m)(1) keep the 60-day figure. A student who finishes early has 30 days from the end of study or training to depart or otherwise seek to maintain lawful status; authorized withdrawal carries 15 days. And a student who fails to maintain status gets nothing: “An F-1 student who fails to maintain a full course of study or otherwise fails to maintain status is not eligible for any additional period of time for departure and must leave the country immediately.”
6. Practical training timing shifts, and there is a transition window. Because the departure period drops to 30 days, a post-completion OPT Form I-765 must now be filed within 30 days after the program end date rather than 60. Separately, F-1 students in the United States on the effective date who file Form I-765 for post-completion OPT or STEM OPT on or before March 18, 2027 do not have to file a separate Form I-539 for that period. J-1 exchange visitors who have properly filed an EOS on or before the same date may continue their program activities while it is pending. DHS “reserves the discretion to extend” that date “in 6-month increments by publication of a notification in the Federal Register.” The rule does not change the H-1B cap-gap framework.
7. Transfers and changes of program are restricted for F students. Under 8 C.F.R. 214.2(f)(5)(ii)(A), a student below the graduate level “may not transfer or change educational objectives, i.e., majors or educational levels, within the first academic year of a program of study, unless an exception is authorized by SEVP for extenuating circumstances,” and a student at the graduate level or above “may not change educational objectives at any point” and “may not transfer at any point” absent an SEVP exception. A student who completes a program after September 15, 2026 may not then pursue F-1 status at the same or a lower educational level — but DHS states these limits “will be applied prospectively” and that “any programs completed prior to the effective date of the rule will not be counted towards the limits.” DHS also gave itself an off-ramp: “Until September 14, 2028, DHS may delay or suspend the implementation of paragraphs (f)(5)(ii)(A) through (C).” Whether it will has not been announced.
8. The extension standard itself is new. The old “normal progress” standard is eliminated. An F-1 seeking an extension must have “continually maintained lawful status,” be “currently pursuing a full course of study,” and show either a new Form I-20 reflecting remaining time or documentation of “a compelling academic reason,” “a documented illness or medical condition,” or “circumstances beyond the student’s control, including a natural disaster, national health crisis, or the closure of an institution.” The rule expressly excludes some reasons: “Delays including, but not limited to, those caused by academic probation or suspension or a student’s repeated inability or unwillingness to complete his or her course of study are not acceptable reasons for an extension.” That connects an academic decision made on a Texas campus to an immigration consequence in a way that did not previously exist, which is one reason the timing of a conversation with a lawyer can matter more than it used to.
What Kind of Option Might Apply
Nothing on this page tells you whether this rule reaches your case, what your own end date is, or whether any extension would be granted. Those are individual questions that depend on your record, your program, and your travel history. What experienced Texas immigration attorneys describe working through with students and scholars in this situation includes:
- Which framework applies to you — whether the transition provision at 8 C.F.R. 214.1(m) covers you, and what your actual outside date is once your I-20 or DS-2019 end date, any EAD, and the four-year ceiling are read together.
- Whether an extension will be needed, and when to file it — particularly for doctoral candidates, J-1 research scholars, and J-1 physicians whose programs commonly run past four years.
- Extension versus travel and readmission — the rule leaves both routes open, and each carries different risks; admission and the period of admission are determined by CBP at the port of entry, and travel can affect a pending application.
- Work authorization timing — how the 240-day ceiling on automatic employment extension lines up with an expected adjudication, and what the departure-window filing rule does to on-campus work and CPT.
- Practical training and the March 18, 2027 window — how OPT or STEM OPT filing dates interact with the transition period and with any H-1B sponsorship plan.
- Academic difficulty — what a probation, suspension or withdrawal at a Texas school may mean for an extension or transfer, ideally before the academic decision is final.
- A separate and more urgent question — anyone who believes they may already be out of status is in a different posture than anyone described above, and that is a conversation to have with a lawyer promptly rather than a question to answer from an article.
One consumer-protection note that Texas attorneys raise often: immigration work should be handled by a licensed attorney or a representative accredited by the U.S. Department of Justice. In some countries a notario público is a trained legal professional; in Texas a notary public is not, and cannot give immigration advice. The Texas Attorney General’s consumer protection office takes complaints about that kind of practice.
Why Acting Quickly Can Matter
The dates in this rule are fixed points, and they are worth having in front of you when you talk to a lawyer:
- September 15, 2026 — the stated effective date, subject to the congressional review caveat quoted above.
- December 14, 2026 and May 13, 2027 — the outside transition dates for I nonimmigrants, depending on passport.
- March 18, 2027 — the last day of the OPT and STEM OPT filing window that avoids a separate extension application, unless DHS extends it.
- September 14, 2028 — the last day DHS may delay or suspend the transfer and program-change restrictions.
- October 15, 2030 (J) and November 14, 2030 (F) — the outside transition dates for people already in the United States and maintaining status on the effective date.
Timing matters here for an ordinary reason rather than an alarming one: an extension filed on time places a person in a period of authorized stay, and an extension filed late does not. That is the single distinction the rule draws most sharply, and it is one a lawyer can help someone get on the right side of well before it becomes urgent.
It is also worth keeping the scale of this in perspective. A rule changing how long an admission lasts is not a removal proceeding, a denial, or a finding against anyone. For most people it is a paperwork and calendar problem with a known answer, and the sooner someone has an attorney looking at their own file, the more ordinary options tend to remain available.
Talk to a Texas Immigration Lawyer About Your Own Record
A rule is general. Your program, your dates, and your travel history are not. Call or text 24/7 and we will connect you with an experienced immigration attorney in your part of Texas who can review your situation ahead of September 15. You do not need to share your immigration status with us to be connected. Our referral service is free for the people we serve; the lawyer you hire sets their own fees.
Sources
- Federal Register — final rule, Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media, 91 Fed. Reg. 44976 (July 17, 2026), RIN 1653-AA95, DHS Docket No. ICEB-2025-0001
- GovInfo — official GPO PDF of the same rule, pp. 44976–45131
- DHS Study in the States — Final Rule Quick Facts
- DHS Study in the States — Final Rule FAQ
- 8 U.S.C. Sec. 1182 — Inadmissible aliens, including the unlawful presence bars at (a)(9)(B) and (C)
- eCFR — 8 C.F.R. Part 214, Nonimmigrant Classes
- NAFSA — DHS Final Rule Ending Duration of Status and Imposing Academic Mobility Restrictions
- Nixon Peabody — DHS finalizes rule replacing Duration of Status for F-1, J-1, and I visa holders (July 17, 2026)
- Mintz — DHS Issues Final Rule Creating Fixed Period of Admission for F, J, and I Visa Holders
- Open Doors 2025 — State Facts and Figures, Texas (Institute of International Education; economic analysis by NAFSA)
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