Human Resources and Employers

The Department of Homeland Security (DHS) issued a final rule that replaces Duration of Status (D/S) with fixed admission periods, which has significant implications for employers that hire or retain international students and exchange visitors. Human Resource (HR) professionals should understand the following key points to avoid work authorization and compliance issues. The rule is scheduled to take effect September 15, 2026 unless delayed by litigation or congressional review.
 
1. Duration of Status (D/S) is ending.
Employees in F-1 and certain J-1 categories will no longer be admitted to the United States for the duration of their academic program. Instead, they will receive a fixed period of admission and must request an extension from U.S. Citizenship and Immigration Services (USCIS) if additional time is needed. Under the new rule, employees may have separate expiration dates for their period of admission, employment authorization and immigration documents.

2. Work authorization may require more careful tracking.
HR should no longer assume an employee's lawful status automatically continues until graduation. Employment authorization may now depend on both the individual's work authorization document and whether they have successfully extended their immigration status before their admission period expires.

3. Expect more extension applications and potential delays.
Students in programs lasting longer than their initial admission period will generally need to file extension requests with USCIS or travel outside of the United States and apply for a new entry with Customs and Border Protection (CBP). Processing delays could affect onboarding dates, internship schedules and continued employment eligibility.

4. OPT employees will require closer monitoring.
HR departments employing F-1 students on Optional Practical Training (OPT) or STEM OPT should closely monitor expiration dates and extension timelines. DHS has announced transitional filing accommodation for some OPT participants, but employers should not assume every employee qualifies. STEM students will continue to receive an automatic extension of stay and employment authorization for up to 180 days while their timely filed application is pending but OPT students must have an approved extension of stay (EOS) and employment authorization document (EAD) before they can begin working.

5. I-9 compliance will be even more important.
Employers should review Form I-9 reverification procedures and ensure employment authorization documents are reverified before expiration when required. Immigration status expiration dates and employment authorization expiration dates will no longer align as neatly as they did under D/S.

6. Recruiting timelines may need adjustment.
Students may need additional time to obtain status extensions before beginning internships or employment. HR should build extra flexibility into hiring timelines for international candidates.

7. Academic restrictions may affect future hiring.
The rule limits certain academic changes, including transfers and changes in educational objectives without government approval. These restrictions could affect when students become eligible for on campus employment, internships, CPT, OPT or future employment.

8. The grace period is shorter.
The traditional 60-day grace period for F-1 students following program completion is reduced to 30 days for those that enter or travel outside of the United States after September 15, 2026. This shortens the time graduates have to transition to another status, depart the United States or begin another qualifying activity. Do not assume all recent graduates remain eligible to stay in the United States for two months after graduation.

9. Certain students may continue working while an Extension of Stay is pending.
Under the final rule, eligible F-1/J-1 students who timely file an application to extend their period of stay may continue authorized employment for up to 240 days while USCIS adjudicates the extension request, provided they continue to meet all eligibility requirements. A pending extension application does not necessarily mean an employee must stop working, but they must be able to provide the required documentation to prove their employment eligibility.

10. Prepare HR policies and training now.
Organizations that regularly hire international students should: 

• Review how immigration status and employment authorization dates are tracked.
• Update onboarding checklists. 
• Review I-9 reverification procedures. 
• Train recruiters and hiring managers on the new rules. 
• Create reminders for immigration status expiration dates. 
• Plan proactively for extension filings for current and prospective international employees.

Why this matters for employers.

The elimination of Duration of Status shifts much of the compliance responsibility from a largely school-managed process to one that requires more frequent USCIS filings and closer monitoring of immigration timelines. Employers who hire F-1 students, STEM OPT participants or J-1 exchange visitors should expect increased administrative coordination and should begin updating their HR compliance processes before the rule's effective date.