DHS final rule eliminates ‘duration of status’ policy for certain visa holders

The Department of Homeland Security July 16 finalized a rule replacing "duration of status" admission for certain nonimmigrant visa classifications, including physicians on J-1 visas participating in residency and fellowship programs, with a fixed admission period.

Under the final rule, J-1 visa holders may remain in the U.S. for the length of their approved academic or training program, not to exceed four years. Individuals whose program length exceeds their initial period of admission may apply for an extension of stay. DHS may grant an EOS for up to four additional years plus 30 days, provided the total EOS does not exceed the original length of the approved program. In the final rule, DHS encouraged individuals to apply for an EOS during the six months before their current period of stay expires.

For individuals already in the U.S. on J-1 visas and admitted under the prior duration-of-status framework, DHS will allow them to remain in status through the program end date listed on their immigration documents, for up to four years from the rule's effective date, without filing an EOS request. The final rule also allows individuals who file a timely EOS application to continue working or participating in authorized program activities for up to 240 days after their J-1 status expires while their EOS application remains pending. The AHA previously submitted comments on the proposed rule, expressing concerns about the potential impact on physician residency and fellowship training programs. The final rule will take effect on Sept. 15, 2026.