Beginning September 15, 2026, an important immigration rule affecting international students, exchange visitors, and foreign media representatives will change significantly.

The Department of Homeland Security is ending the longstanding Duration of Status, or D/S, system for people in F, J, and I nonimmigrant status. Going forward, many individuals in these categories will receive a specific expiration date on their Form I-94, rather than being admitted for an open-ended period tied to the duration of their studies, exchange program, or assignment.

This matters because after September 15, it may become much easier for USCIS to determine exactly when a person begins accumulating unlawful presence. That can eventually lead to the serious 3-year or 10-year bars from returning to the United States.

What Is Unlawful Presence?

Unlawful presence generally means remaining in the United States after your authorized period of stay has expired, or being in the United States without having been admitted or paroled.

The consequences can be severe:

More than 180 days of unlawful presence, followed by departure from the United States, can trigger a 3-year bar to admission.
One year or more of unlawful presence, followed by departure, can trigger a 10-year bar.

There are exceptions, and individual cases can be complicated, but immigrants should not assume that simply remaining inside the United States avoids immigration consequences.

What Changes on September 15?

Under the old D/S system, many F-1 students and J-1 exchange visitors had an I-94 showing D/S instead of a specific expiration date.

Historically, this created an important distinction between being out of status and actually accumulating unlawful presence. In many D/S cases, unlawful presence did not begin until USCIS formally determined during an immigration application that the person had violated status, or an immigration judge made such a determination.

That protection is changing.

For people admitted under the new system after September 15, the I-94 will generally contain an Admit Until Date, or AUD. For F and J visa holders, the authorized period can generally be tied to the program or employment authorization period, subject to the new maximum periods and applicable grace period.

Once that date passes, unlawful presence can generally begin the very next day unless the person has taken appropriate action to preserve lawful stay.

Your I-94 Date Will Become Extremely Important

After September 15, F, J, and I visa holders should get into the habit of checking their I-94 every time they enter the United States.

Do not assume that your visa expiration date controls your lawful stay.

Do not assume that your I-20 or DS-2019 alone determines how long you can remain.

And do not assume that because you previously had D/S, the same rules will continue indefinitely.

The I-94 Admit Until Date may become the critical date for determining when unlawful presence begins.

Filing Before Your Status Expires Can Be Critical

The new rules make timely filing much more important.

If you need additional time in the United States, you may have to file the appropriate application or petition before your authorized stay expires, depending on your circumstances. This could include, for example:

an I-539 extension or change of status application;
an I-129 petition requesting a change of status;
F-1 reinstatement where legally available;
OPT or STEM OPT applications where appropriate; or
another immigration filing that lawfully protects your ability to remain in the United States.

A timely filed extension-of-status application may allow a person to remain in a period of authorized stay while USCIS is deciding the case, without unlawful presence accruing during that adjudication period.

However, that does not mean every filing automatically protects a person from unlawful presence. Eligibility, filing deadlines, maintenance of status, and the type of application all matter.

What Happens If USCIS Denies the Extension?

This is one of the most dangerous parts of the new system.

If an extension request is denied after the person’s authorized admission period has already expired, the student and dependent family members may be required to depart immediately.

There may be no additional grace period following the denial. Unlawful presence may generally begin accruing the day after the denial is issued.

That means an F-1 student who receives a denial should not simply wait several weeks or months before speaking with an immigration attorney.

Every additional day may matter.

What About People Who Already Have D/S Before September 15?

This is where the law becomes more complicated.

F and J visa holders who are already inside the United States on September 15, 2026 and who have been properly maintaining their status are generally covered by special transition rules.

For qualifying individuals, their permitted stay may continue through the applicable program end date or EAD expiration date, subject to the rule’s limitations and applicable grace period.

But there are still significant unanswered questions concerning exactly when unlawful presence begins for people covered by these transition provisions.

For example, it is not completely clear in every situation whether unlawful presence begins immediately after a program or grace period expires, after USCIS formally finds a violation, or under another triggering event.

Because of this uncertainty, existing F-1, J-1, and I visa holders should not make assumptions about how much time they have.

A Particularly Dangerous Group: People Whose Programs Already Ended

Immigrants whose F or J programs have already ended but who remain in the United States under an old D/S I-94 should be especially careful.

The new rule is generally not meant to apply unlawful presence retroactively before September 15. However, for certain people whose programs were already completed and whose I-20s expired, unlawful presence may begin on September 15, 2026 itself, unless they timely took qualifying action before that date.

That could include filing for reinstatement, change of status, OPT, STEM OPT, or another appropriate immigration benefit before the effective date.

In other words, someone who has been relying on an old D/S I-94 should not assume that the old rules will protect them indefinitely after September 15.

Falling Out of Status May Now Become Much More Dangerous

Students must also understand that an immigration problem does not arise only when the date printed on an immigration document expires.

A person may violate F-1 or J-1 status earlier by, for example:

failing to maintain a required course of study;
improperly withdrawing from school;
engaging in unauthorized employment;
allowing a SEVIS record to be terminated; or
otherwise violating the requirements of the visa category.

A later USCIS determination that a person violated status can create serious unlawful-presence consequences.

That makes status violations much more dangerous than simply having a technical SEVIS problem.

The 3-Year and 10-Year Bars Usually Become Relevant When You Leave

One important point is frequently misunderstood.

Accumulating unlawful presence does not ordinarily mean that the 3-year or 10-year bar begins immediately while the person remains physically inside the United States.

The bars generally become relevant when the individual departs the United States after accumulating the required amount of unlawful presence.

That can create a devastating situation: a person may leave the United States believing that they are simply going home or attending a visa interview, only to discover that their prior unlawful presence has made them inadmissible for years.

What F-1, J-1 and I Visa Holders Should Do Before September 15

If you are currently in F, J, or I status, review your immigration history now.

In particular, determine:

What does your current I-94 say?
Were you admitted for D/S or until a specific date?
When does your I-20, DS-2019, EAD, or assignment expire?
Have you continuously maintained the requirements of your immigration status?
Has your SEVIS record ever been terminated?
Have you stopped attending school or changed programs?
Have you engaged in employment that may not have been authorized?
Do you have an extension, change of status, reinstatement, OPT, or other application pending?
Did your program already end before September 15?
Are you planning international travel after September 15?

Because there are still unanswered questions involving the transition from D/S to fixed admission periods, immigrants should take a conservative approach and assume the earliest possible date on which unlawful presence could begin rather than relying on the most favorable interpretation.

Do Not Wait Until You Have 180 Days of Unlawful Presence

The September 15 rule fundamentally changes the risk calculation for many international students and other F, J, and I visa holders.

Under the new system, missing an immigration deadline may no longer merely mean that you are technically out of status. It may start a clock that can eventually lead to a 3-year or 10-year bar from the United States.

If you are uncertain about your I-94, your program end date, a SEVIS termination, an expired I-20 or DS-2019, OPT, reinstatement, a pending extension or change of status, or whether you may already be at risk of accumulating unlawful presence, speak with an experienced immigration attorney before September 15 whenever possible.

The safest time to address an unlawful-presence problem is before the clock starts running, not after 180 days have already passed. Call Shepelsky Law Group today at (718)769-6352 or book your consultation at www.ShepelskyLaw.com