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What happens when "duration of status" disappears for the first time in decades, and what should students, scholars, physicians, and the institutions that sponsor them do to prepare?
In this episode of Statutes of Liberty, host Tim D'Arduini, is joined by colleagues Anabel Nataros and Nigel James to unpack a new DHS rule eliminating duration of status (D/S) for F-1, J-1, and I visa holders, effective September 15, 2026. The change replaces the open-ended D/S notation with a fixed expiration date tied to each program, reshaping how individuals and their sponsoring institutions manage compliance.
The conversation walks through how the transition period works, including the four-year cap that applies even to longer programs like PhDs and medical residencies, and why international travel on or after September 15, 2026 immediately triggers the new fixed-expiration rule.
Tim, Anabel, and Nigel also cover:
- The importance of monitoring I-94 records after every international trip, including common CBP errors that can shorten a stay
- New extension-of-status filing requirements, timing, and the absence of premium processing for these applications
- Practical steps universities, hospitals, and employers can take now to review, refine, and reduce friction for impacted populations
- The shortened grace period at the end of a program, cut from 60 to 30 days
- Advocacy and litigation avenues available to affected stakeholders
Whether you're a university international student office, a hospital sponsoring physicians in training, or an individual currently in F, J, or I status, this episode offers a clear roadmap for navigating the new rule before it takes effect.
Speakers on this episode are:
- Tim D'Arduini, Partner
- Anabel Nataros, Senior Associate
- Nigel James, Associate.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
