New 2026 Regulation Alert: DHS to End Open-Ended Stays for F, J, and I Visa Holders

The Department of Homeland Security is nearing finalization of a regulation that would fundamentally change how F (student), J (exchange visitor), and I (media) visa holders are admitted to the United States. Currently, these visa categories allow holders to remain in the country for the duration of their status — an open-ended period — rather than a fixed admission date. The proposed rule would replace this system with defined, fixed periods of authorized stay. According to DHS, the change is necessary to support the integrity of these nonimmigrant visa programs, facilitate more thorough applicant vetting, and bring these categories in line with the broader statutory framework governing nonimmigrant visas. Assigning fixed departure dates would make it easier for immigration authorities to track overstays and enforce compliance. This regulation is a revival of a nearly identical proposal introduced during the first Trump administration in 2020. That earlier version was withdrawn by the Biden administration in July 2021 before it could take effect. The current administration has now resumed the rulemaking process and appears close to publishing a final rule. For EB-3 applicants who are currently maintaining status on F or J visas while awaiting their priority date or adjustment of status, this change could introduce significant administrative complexity. Under a fixed-period system, individuals would need to proactively apply for extensions rather than relying on continuous duration-of-status authorization, increasing the risk of inadvertent status lapses. Immigration attorneys are advising affected visa holders to monitor the rulemaking closely through the Federal Register and consult with counsel once a final rule is published, particularly those with pending employment-based immigration cases who rely on F or J status as a bridge.