Overview: As of right now, the current authorized stay listed on the I-94 record of F (Academic Students) and J (Exchange Visitors) Visa Holders who enter the United States is Duration of Status (D/S), instead of a fixed end date. As of September 15, 2026, this practice is ending and F and J Visa Holders who enter the United States will be given a fixed end date, which requires careful monitoring to avoid the accrual of unlawful presence.
Impact on F and J Visa Holders Currently in the United States: Starting September 15, 2026, foreign nationals currently in the United States in F and J status, with an I-94 record that currently lists Duration of Status (D/S) will be allowed to remain in the United States until the end of their program, not to exceed four years, as indicated on their form I-20 (F Visa Holders) or form DS-2019 (J Visa Holders). Additionally, F Visa Holders will be given a 60-day grace period after the end of their program, and J Visa Holders will be given a 30-day grace period after the end of their program.
Impact on F and J Visa Holders Who Enter the United States After September 15, 2026: Starting September 15, 2026, foreign nationals who enter the United States in F and J status will be given an I-94 record with a fixed end date that matches the end of their program as noted on their form I-20, Employment Authorization Document (EAD), or DS-2019. This period of authorized stay cannot exceed four years. If a F or J Visa Holder needs to extend their period of authorized stay, they will either need to exit and re-enter the United States in order to obtain a new I-94 record, or file Form I-539, Application to Extend/Change Nonimmigrant Status, with U.S. Citizenship and Immigration Services (USCIS). Additionally, F and J Visa Holders will only be given a 30-day grace period after the end of their program.
Key Takeaways for Our Clients:
- All F and J Visa Holders need to check their I-94 record every time they enter the United States and closely monitor the period of current authorized stay on their I-94 record.
- All F and J Visa Holders should consult with an experienced immigration attorney before traveling abroad after September 15, 2026, to discuss the impact of the new rule on their -re-entry, in addition to current travel bans and other travel restrictions. All F and J Visa Holders should also consult with an experienced immigration attorney before filing any extensions or changes to their program in order to determine which of the transition rules apply to their specific situation.
- J-1 Trainee Physicians
- The U.S. Department of Homeland Security (DHS) indicated that even though forms DS-2019 for J-1 Trainee Physicians are usually renewed annually, moving forward, the forms DS-2019 will provide additional details, including the anticipated full-length of the program, which should limit the number of extensions that need to be filed while a J-1 Trainee Physician is completing the same training program.
- J-1 Trainee Physicians who are planning to extend their DS-2019 in order to take their board exams should start that process as soon as possible as they will likely need to file form I-539, or make travel plans to exit and re-enter the United States. All J-1 Trainee Physicians should consult with an experienced immigration attorney before making any plans to leave the Unites States in order to assess the applicability of current travel bans and other travel restrictions.
- J-1 Trainee Physicians who anticipate a change in their program, including starting a new program, or need to extend their program beyond the end date listed on their DS-2019, should consult with an experienced immigration attorney as soon as possible to start making any required filings with USCIS well in advance of the proposed effective date to avoid any gaps in work authorization.
Bernstein Shur’s Immigration Law practice group helps employers navigate an increasingly complex immigration landscape through proactive, compliant strategies that support recruitment, retention, and long-term workforce planning. The group advises businesses across industries—particularly in health care and highly regulated sectors—on matters ranging from temporary work visas and employment-based green cards to I-9 compliance and audit preparedness.
Michael Murray is a shareholder and Chair of the Immigration Law group who advises employers on health care and business immigration strategy, including visa planning, compliance frameworks, and workforce planning to support recruitment, retention, and long-term stability. He can be reached at [email protected].
Olivia Shaw is an associate in the Immigration Law group who advises employers on obtaining temporary work authorization and permanent residence for their employees, with particular experience in health care immigration and business immigration strategies. She can be reached at [email protected].