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Due to recently announced federal immigration rule changes affecting international students and visiting scholars in the United States, immigration information on this website is subject to change. The new rule takes effect on September 15, 2026. Ohio State is reviewing the changes and will update this website as additional information becomes available.

Duration of Status: Final Rule

On July 17, 2026, the Department of Homeland Security (DHS) published the final rule in the Federal Register that ends “duration of status (D/S),” which previously allowed those on J-1 visas to remain in the United States as long as necessary to complete their research activity provided they continue to meet all immigration requirements.

The final rule is set to take effect on September 15, 2026, unless delayed by litigation, DHS publishes a notice changing the effective date or the rule is terminated after congressional review. This new rule impacts how international scholars are admitted into the United States and places limitations on the length of time they can stay in the United States.

Key changes for J-1 scholars:

  • Removes the “duration of status (D/S)” notation for J-1 scholars upon admission to the United States and changes it to a fixed end date/“admit until date (AUD).” The AUD will be the program end date listed on the DS-2019, not to exceed four years, plus a 30-day grace period for those that enter the United States on or after September 15, 2026. Currently, duration of status allows scholars to be admitted and stay in the United States as long as they are maintaining their non-immigrant status, such as engaging in their research activity. Under the new rule, scholars unable to finish their research activity within four years would be required to file an Extension of Stay/Status (EOS) application and pay a fee to U.S. Citizenship and Immigration Services (USCIS) to request an extension to remain in the United States to finish their research activity.
  • Allows certain transition provisions for J-1 scholars currently in the United States admitted for duration of status on the implementation date of the final rule. Current scholars will not need to apply for a date-certain I-94 but will need to apply for an extension of stay with USCIS if their DS-2019 is extended after September 14, 2026.
  • J-1 scholars will need to file an I-539 application with USCIS to extend the status for themselves and their J-2 dependents. The I-539 application can be filed online or through the mail. Scholars should check the USCIS website for current filing fees, form editions and filing instructions. J-1 scholars are responsible for paying the filing fees. The Office of International Affairs does not prepare I-539 applications for scholars or legally represent them in the filing.
  • J-1 scholars who timely file the I-539 application with USCIS can work/engage in research activities up to 240 days past the end date on their previous DS-2019. For scholars who have a fixed Admit Until Date on their I-94, the I-539 should be filed before that date. They can work/engage in research activities up to 240 days past the end date on their most recent I-94.  Scholars must stop working if the I-539 remains pending with USCIS past 240 days.
  • J-1 scholars can renew their J-1 visa abroad using their extended DS-2019 and re-enter the United States instead of filing an I-539 application with USCIS.  Scholars should consider costs, USCIS processing times, consular visa wait times, the possibility of visa administrative processing, or existing travel bans on certain countries when deciding which option to choose.
  • J-1 scholars and J-2 dependents present in the United States before September 15, 2026 will still have D/S if they remain in the United States.  Those who have a five-year end date reflected on their DS-2019 will keep that end date if they remain in the United States. If they travel outside the United States on or after September 15, 2026, their five-year end date will be shortened to a four-year end date plus a 30-day grace period, and they will need to file an I-539 application with USCIS or travel internationally to request the fifth year. J-1 scholars in the United States before September 15, 2026 can stay until their program end date (maximum of four years) and then must apply for an extension with USCIS or travel internationally and re-enter the United States to receive the extension.
  • If J-1 scholars travel outside of the United States on or after September 15, 2026, they will be admitted with a fixed-term end date and be subject to the new rule. J-1 scholars should confirm that their Class of Admission and Admit Until Date (AUD) are correct; all details on the I-94 should be reviewed for accuracy. Scholars should keep a copy of each I-94 for their records. Under current guidance, the I-94 should show D/S instead of a specific end date as shown below. After September 15, 2026, the I-94 record will reflect a fixed end date (AUD).

The Office of International Affairs will continue to provide updates on this important issue as new information becomes available.

 

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