Federal Changes Begin for Visa Classifications

The U.S. Department of Homeland Security published new regulations effective Sept. 15, 2026 that significantly change the F and J visa classifications for international students and exchange visitors, respectively F nonimmigrants and J nonimmigrants.

Many manufacturers may have employees in these statuses, and therefore should be aware of some key changes and considerations. 

The new regulations primarily eliminate “duration of status” for F and J nonimmigrants, who are currently admitted or granted status with no fixed end date.

Expiration follows the applicable study or work program, whose end date may be adjusted without a formal government application to extend status.

This provides flexibility for routine extensions of their U.S. stays. 

Duration of Status

Under the new framework, F and J nonimmigrants will be admitted or granted status with a fixed expiration date: the earlier of: (1) their current program end date; or (2) four years.

To extend that date and continue living and working in the U.S., they must either: (A) file an application and pay a fee with U.S. Citizenship and Immigration Services (USCIS); or (B) depart the U.S. and re-enter with a new appropriate program form showing an extended program end date (and a valid visa, where applicable). 

Although this change may seem relatively minor for employers, manufacturers should keep the following considerations in mind for employees in F and J status: 

Relevant Changes for F-1 Employees

1. F-1 nonimmigrants will need an approved status-extension application to begin post-graduation OPT, so adjudication timing may delay their start dates. Eligible individuals will also need a status-extension application for the two-year STEM OPT extension period, but the existing automatic extension of work authorization of up to 180 days for STEM OPT applicants will continue to apply. 
2. USCIS is expected to require biometrics (in-person collection of fingerprints, a photograph, and a signature) from applicants seeking to extend their U.S. stay; these procedures could delay application adjudication, which could in turn delay employment start dates or create gaps in employment authorization. 
3. An F-1 nonimmigrant’s international travel may be affected while a status-extension application is pending; employers with international operations or travel needs for these employees should account for these restrictions. 
4. The new regulations shorten the F-1 “grace period” from 60 to 30 days, so F-1 nonimmigrants may need to begin post-graduation employment within 30 days of graduation. DHS may issue further guidance. 

Relevant Changes for J-1 and J-2 Employees

1. All J-1 exchange visitors who need to extend their programs must apply to extend status with USCIS. The regulations provide an automatic work-authorization extension of up to 240 days while a status-extension application is pending, but do not guarantee adjudication within that period; long-pending applications may create gaps in work authorization. 
2. Manufacturers will have an additional Form I-9 compliance obligation for J-1 nonimmigrants: they must now formally reverify any J-1 employee who extends their program. 
3. J-2 employees may face gaps in work authorization because employment authorization for these individuals requires both status approval and possession of a valid Employment Authorization Document. Processing times for status-extension applications may further delay the issuance of new EADs and cause gaps in employment authorization. 
4. International travel for J-1 and J-2 nonimmigrants may be affected while a status-extension application is pending; employers with international operations or travel needs should account for these restrictions. 

Although these changes may arguably have limited impact on manufacturers as employers, manufacturers should nevertheless be aware of the increased risk that F or J nonimmigrants on payroll could experience a future gap or lapse in employment authorization, as well as the other considerations listed above.

Manufacturers should consult an immigration attorney regarding particular employees and ways to help ensure continuity of status and employment. 

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This information does not constitute legal advice and does not address every change created by the new regulations or every scenario a manufacturer may encounter. Please consult an immigration attorney regarding a specific employee or circumstance, or with questions about the regulations’ impact.