Beginning September 15, 2026, new Department of Homeland Security rules will significantly change how F-1 students and J-1 exchange visitors are admitted to and maintain status in the United States.
The changes are particularly important for employers with workers relying on F-1 Optional Practical Training (OPT), STEM OPT, or J-1 work authorization.
Historically, F-1 and J-1 visa holders have generally been admitted for “Duration of Status,” or D/S, allowing them to remain in the United States while maintaining their qualifying academic or exchange program.
Under the new rule, individuals entering with F-1 or J-1 status will instead receive a specific Admit Until Date (AUD) on their Form I-94. The admission period will generally correspond with the individual's program end date and cannot exceed four years.
This means F-1 and J-1 workers will need to pay closer attention to their I-94 expiration dates and may need to affirmatively extend their immigration status.
Individuals admitted or readmitted to the United States in F-1 or J-1 status after the rule takes effect will generally be subject to the new fixed-period admission framework. Their Form I-94 will contain a specific Admit Until Date, and they may need to affirmatively apply for an extension of stay if their academic program, practical training, or exchange program continues beyond that date.
Additional changes include:
These requirements could affect both the initial availability and continued validity of work authorization. Companies engaging F-1 or J-1 workers should anticipate additional filings and processing time when planning start dates, assignment extensions, and workforce continuity.
Special transition rules apply to F-1 and J-1 visa holders who were admitted for Duration of Status (D/S) and are properly maintaining status when the rule takes effect. These individuals generally will not be issued a new Form I-94 merely because the rule becomes effective.
For existing F-1 and J-1 workers who are maintaining D/S status on September 15, 2026, employment authorization generally will continue until the later of: (1) the program or authorized training end date reflected on the Form I-20 or Form DS-2019 valid on September 15, 2026, as applicable; or (2) the expiration date on the worker’s EAD, but no later than September 15, 2030. Qualifying F-1 individuals covered by the transition provision retain a 60-day grace period, while J-1 individuals receive a 30-day grace period, to depart the United States or take action to obtain another lawful status. These grace periods do not provide authorization to work.
International travel can move an individual into the new fixed-date system. A person who departs and is readmitted after the effective date will generally receive a new Form I-94 containing a specific Admit Until Date.
Companies engaging F-1 or J-1 workers should account for the new requirements in their workforce planning. Changes to admission periods, extension filings, and processing timelines may affect onboarding dates and continued work authorization. Companies should allow sufficient lead time for required filings and be prepared for situations in which a worker cannot begin or continue providing services until the necessary authorization is confirmed.
When workers are engaged through an employer of record, the EOR can manage much of this administrative burden by tracking relevant documentation and expiration dates, communicating with affected workers, and coordinating appropriate compliance steps. This allows the client to remain focused on workforce needs while the EOR addresses the employment-related requirements associated with the worker’s authorization.
As the employer of record, TCWGlobal helps clients navigate the compliance implications of an evolving immigration landscape. We monitor regulatory developments, maintain and review required employment-authorization documentation, track relevant expiration dates, and communicate with affected workers regarding documentation or action that may be needed.
Have questions about these changes or other immigration rules that may impact your contingent workforce? Contact us to discuss how our employer-of-record services can help simplify the administrative process and support continued compliance.