Elimination of Duration of Status: 10 things HR professionals and departments should know
The Department of Homeland Security (DHS) issued a final rule that replaces Duration of Status (D/S) with fixed admission periods, and changes how international scholars maintain lawful status in the United States. Faculty, principal investigators (PIs), and human resource professionals play an important role in helping scholars avoid immigration problems by recognizing when program decisions may have immigration consequences.
1. J-1 scholars will now have an I-94 end date.
- Instead of being admitted for Duration of Status (D/S), J-1 scholars will be admitted until a specific date listed on their Form I-94. Scholars will be responsible for knowing when their authorized stay expires.
- Scholars were previously admitted to the United States with Duration of Status (D/S), and were permitted to remain in the United States while they were actively participating in the J-1 program activity.
- Beginning September 15, 2026, J-1 scholars will be admitted through the end date on their DS-2019, plus an additional 30 days.
2. The I-94 will now be one of the most important immigration documents.
- Under the new rule, scholars are admitted until a specific date on their Form I-94—not for the "duration of status."
- Scholars must check their I-94 every time they enter the United States to stay current about their immigration status end date.
- The Office of International Affairs will send courtesy reminders to scholars to check that the admission category and expiration date are correct on their I-94 record.
- Scholars are ultimately responsible for checking that their I-94 details are correct.
- The Office of International Affairs plans to provide a courtesy review process for scholars to upload their I-94s into our IntBuckeye database.
- The I-94 expiration date will control both the employment authorization and period of authorized stay in the United States. The I-94 expiration date will likely be used during the I-9 employment verification process.
- The Office of International Affairs strongly recommends that departments also keep track of I-94 expiration dates for their scholars so they are aware of critical immigration deadlines.
3. The J-1 extension process will be impacted.
- If the J-1 program lasts beyond the I-94 expiration date, scholars may need to apply to U.S. Citizenship and Immigration Services (USCIS) for an extension of status by filing Form I-539. This extension request must be filed before the period of authorized stay ends. Extending the DS-2019 through the Office of International Affairs is no longer sufficient.
4. J-1 program extension may require advance planning and approval.
- Under the new rule, J-1 scholars who need to remain in the United States beyond their I-94 expiration date may need to apply to USCIS for an extension of status. Currently, the Office of International Affairs extends a scholar’s program by issuing an updated DS-2019. This continues to be a requirement; however, scholars will be responsible to take additional action after receiving their extended DS-2019s. Certain scholars may also travel internationally and re-enter the United States to reset the I-94 end date.
- J-1s who have properly filed extension of status may engage in the activities consistent with the terms and conditions of their exchange visitor program for the entire time the extension request is pending with U.S. Customs and Immigration Services (USCIS), up to 240 days.
5. Last-minute J-1 extension requests will no longer be possible.
- As of September 15, 2026, J-1 scholars may need to file an extension of status request with USCIS prior to the end of the period of authorized stay.
- Extending the DS-2019 through the Office of International Affairs will no longer be sufficient alone for extension of status.
- An extended DS-2019 will be required to file the request. Departments and scholars need to keep track of their I-94 end date and need to plan ahead to submit timely J-1 extension requests to the Office of International Affairs.
- An extension of status request can be filed up to 180 days prior to the program end date. OIA recommends initiating the J-1 extension request 6-9 months prior to the program end date.
- Delays in submitting J-1 extension processes to the Office of International Affairs can create immigration emergencies for the J-1 scholar that did not exist under Duration of Status.
6. J-1 program maximum durations will remain the same.
- Under the new rule, the maximum program durations will remain the same:
- Research scholar and professor: five years
- Short-term scholar: six months
- The new rule does limit the period of admission (I-94 end date) to four years beyond the program start date.
- J-1 research scholars and professors will need to apply for their fifth year of J-1 status by filing Form I-539 with USCIS or leaving and re-entering the United States with their extended DS-2019.
- Please note that the new rule is still being reviewed and analyzed for applicability to real-life situations.
7. Maintaining J-1 status is critical.
- Failure to maintain a valid immigration status can have immediate immigration consequences.
- J-1 Scholars must report changes in U.S. residential address within 10 days.
- Scholars are required to update their address in Workday and with the Office of International Affairs.
- J-1 Scholars can submit a change of address request in IntBuckeye.
8. Denials will have an immediate immigration impact.
- If an extension of status application is denied, and the I-94 authorized admission period has expired, the scholar and his or her dependents must immediately depart the United States or they will start accruing unlawful presence.
9. Scholars will be responsible for filing their own extension of status request with USCIS.
- The Office of International Affairs will continue to issue the extended DS-2019 for the J-1 program activity.
- The scholar will be responsible for filing the extension request with USCIS for themselves and their J-2 dependents.
- Scholars will also be responsible for sharing their USCIS receipt notice and approval notice with the Office of International Affairs, host unit, and likely for I-9 verification.
10. Collaboration across campus is more important than ever.
- The elimination of Duration of Status means scholar success now depends on close coordination among faculty, PIs, supervisors, human resources and the Office of International Affairs. Timely communication can help scholars remain in compliance with U.S. immigration regulations. Please do not hesitate to reach out to the Office of International Affairs with questions or concerns about the upcoming changes: iss@osu.edu.