What Employers Need to Know About the 2026 F-1 and J-1 Visa Changes

September 10, 2026

The Department of Homeland Security (DHS) is changing the rules governing the admission and stay of individuals in F-1 and J-1 status starting September 15, 2026. For decades, F-1 students and J-1 exchange visitors have generally been admitted for “Duration of Status” (D/S), allowing them to remain in the United States while they continued to comply with the requirements of their program.

Under the new rule, F-1 and J-1 nonimmigrants will instead receive a specific period of admission, known as an Admit Until Date (AUD). For many workers and prospective workers, this change will require closer attention to immigration expiration dates, travel plans, extensions, and employment authorization.

For employers, the practical takeaway is straightforward: do not assume that an F-1 or J-1 employee’s ability to remain in the United States will continue simply because the employee remains enrolled in a program or otherwise maintains status. Employers should begin reviewing their international student and exchange visitor workforce now and establish procedures for tracking the new admission periods.

What Is Changing on September 15, 2026?

Beginning September 15, 2026, F-1 and J-1 visa holders generally will no longer be admitted under D/S. Instead, they will receive an admission period tied to their program end date or the applicable four-year maximum, whichever is shorter. The change is particularly important for employers because an employee’s ability to work and an employee’s authorized period of stay are related but distinct immigration issues.

Why Employers Should Pay Attention

Many businesses rely on F-1 students for internships, entry-level positions, research positions, and professional roles after graduation. Employers in technology, engineering, healthcare, financial services, consulting, research, and other industries may have significant numbers of F-1 employees working pursuant to post-completion OPT or STEM OPT.

The new rules create several areas that HR and immigration teams should monitor more carefully:

Admission expiration dates: Employees who previously relied on D/S will transition to a fixed period of admission under the new rules.
OPT and STEM OPT: Employers should confirm that employment authorization remains valid and that employees understand how the new admission rules may affect future applications or travel.
Travel outside the United States: An employee who departs and returns to the United States on or after September 15, 2026 may be admitted under the new fixed-date system.
Extensions: Employees who need additional time in the United States may need to pursue an extension of stay or depart the country and seek readmission.
Workforce planning: Companies should identify employees whose immigration timelines may affect upcoming projects, assignments, promotions, or continued employment.
I-9 compliance: Employers should continue to follow the ordinary Form I-9 requirements and should not request specific immigration documents from an employee simply because the employee is affected by these regulatory changes.

The Bottom Line for Employers

The transition away from D/S admission represents a significant operational change for employers that rely on F-1 and J-1 talent. The most important change for businesses is the move toward fixed admission periods and greater reliance on specific expiration dates. Employers should no longer assume that an F-1 or J-1 employee can remain in the United States simply because the employee continues to be enrolled in a program or otherwise appears to be maintaining status. Instead, businesses should develop a proactive process for monitoring affected employees, particularly those working pursuant to OPT or STEM OPT and those who travel internationally.