Below are FAQs to help understand the published final regulatory changes replacing “duration of status” with a “fixed time period of admission” scheduled to take effect on September 15, 2026.
These FAQs will continue to be updated and expanded as FSIS reviews the new rule and its impacts. We recommend checking the FSIS website periodically to ensure consistent and accurate information.
General FAQs: J visa status
Where can I find the official text of this new rule?
On July 17, 2026, the Department of Homeland Security (DHS) published final regulatory changes replacing “duration of status” with a “fixed time period of admission” or Admit Until Date (AUD) scheduled to take effect on September 15, 2026.
What is changing with the elimination of Duration of Status (D/S)?
Under traditional regulations, J-1 Exchange Visitors (EV) entered the U.S. with an I-94 record marked “D/S” (Duration of Status), allowing you to stay as long as your Form DS-2019 was valid. Under the DHS Final Rule, D/S is being replaced with a fixed period of admission, an Admit Until Date (AUD), on your electronic I-94 arrival record.
What is the maximum initial admission period under the new rule?
J-1 EV are admitted for the end date listed on their Form DS-2019 OR a maximum of 4 years, whichever is shorter, plus a 30-day grace period.
What does AUD mean?
The Admit Until Date (AUD) is a nonimmigrant’s maximum period of admission to the U.S. and is the last day a nonimmigrant is authorized to stay in the U.S. J-1 EVs cannot remain lawfully in the U.S. beyond their AUD and must depart the U.S. or take action to maintain status before their AUD expires.
Is the AUD different from the end date on the Form DS-2019?
Yes, the Admit Until Date (AUD) may be different from the Program End Date on the Form I-20 or Form DS-2019. Typically:
- For programs less than four years: The AUD is the Program End Date, plus 30 days for departure.
- For programs longer than four years: The AUD is four years from the Program Start Date, plus 30 days for departure.
Extending Stay Past Initial I-94 AUD and Maintaining Status
J-1 Research Scholar and Professor categories have a maximum program limit of 5 years. Does the 4-year admission cap reduce my total program time?
No. The 5-year maximum regulatory limit for the J-1 Research Scholar category remains intact. However, because Customs and Border Protection (CBP) will cap your I-94 Admit Until Date (AUD) at 4 years upon entry, an EV sponsored for a 5-year appointment will need to take an additional step to cover that 5th year.
How do I extend my stay if I need to remain in the U.S. past my I-94 Admit Until Date?
Obtaining an extended Form DS-2019 from FSIS is no longer the only requirement. You must also update your I-94 record by choosing one of two routes:
- USCIS Extension of Stay (EOS): File Form I-539 (Application to Extend/Change Nonimmigrant Status) directly with USCIS alongside the filing fee ($420 online / $470 paper) before your current I-94 AUD expires.
- Travel and Re-entry: Depart the U.S., obtain a valid J-1 visa stamp if expired, and re-enter the U.S. with your extended Form DS-2019 to receive a fresh I-94 record with an updated AUD.
Can I continue conducting research while my Form I-539 Extension of Stay is pending with USCIS?
Yes. As long as you file Form I-539 before your current I-94 AUD expires, you receive an automatic 240-day extension of work and program authorization while USCIS processes your application.
Does FSIS file the Form I-539 for me?
No. Form I-539 is a personal application filed directly by the individual nonimmigrant (and their J-2 dependents) to USCIS. While FSIS issues the extended Form DS-2019, filing Form I-539 and paying the associated fees is your personal responsibility.
How does this impact J-2 dependents?
J-2 dependents must also extend their stay concurrently with the principal J-1 EV, either by filing a Form I-539 or via international departure and re-entry.
Transition Period and Proactive Steps
I am currently in the U.S. as a J-1 Research Scholar? What should I do right now?
- Check your Form DS-2019: Check program end date (Box 3) and assess whether an extension of program or adding of an Expected Completion Date (in Box 4, Subject/Field Code Remarks) is needed.
- Check your I-94 Record: For J-1s and J-2s with “D/S,” determine your fixed admit until date. Visit the official CBP I-94 website every time you travel to verify your “Admit Until Date”.
- Plan international travel carefully: If you plan to travel outside the U.S. after September 15, 2026, ensure your Form DS-2019 is up-to-date with proper Remarks so CBP grants you the correct AUD upon re-entry.
- Monitor your visa stamp status: Periodically check your visa status in the U.S. Department of State Consular Electronic Application Center website for any changes.