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DHS Ends Duration of Status for F, J, and I Visa Holders
DHS has issued a final rule eliminating the longstanding “Duration of Status” (D/S) classification used for individuals in F, J, and I nonimmigrant status. Beginning September 15, 2026, F-1 students and J-1 exchange visitors will be admitted for a fixed period of up to four years, while I visa holders will be admitted for up to 240 days. Individuals who need additional time to complete their studies, programs, or employment will be required to apply for an extension of stay with USCIS before their authorized period expires.
The change will have significant consequences for international students, exchange visitors, foreign media representatives, schools, and employers. Programs that commonly extend beyond four years, such as doctoral programs and medical residencies, may now require participants to file extension applications to remain in lawful status. The new system is also expected to substantially increase the number of extension applications filed with USCIS, making advance planning and careful monitoring of authorized periods of stay increasingly important for F, J, and I visa holders.
DHS Expands Public Charge Rule and DOS Launches Public Charge Bond Pilot
DHS has issued a new final rule that expands how immigration officers may determine whether an individual is likely to become a “public charge.” Effective September 18, 2026, the rule rescinds previous 2022 regulations governing the public charge rule and gives officers substantially greater discretion to consider an applicant’s individual circumstances, including age, health, family status, financial resources, education, skills, and the receipt of means-tested public benefits. Benefits that may now be considered include programs previously excluded under the 2022 rule, such as Medicaid, SNAP, CHIP, means-tested housing assistance, and certain tax credits, although receiving a benefit alone will not automatically result in a public charge finding.
The new rule applies to applications for adjustment of status filed on or after September 18, 2026. Adjustment applications properly filed before September 18, 2026, that remain pending will continue to be adjudicated under the 2022 rule. DHS has also clarified that benefits that were excluded under the 2022 rule generally will not be considered if they were received only before September 18, 2026.
Separately, the Department of State has launched a pilot program allowing consular officers to require certain immigrant visa applicants who have been found inadmissible on public charge grounds to obtain a Public Charge Bond through USCIS. The bond provides an additional means of overcoming a public charge denial when the applicant is otherwise eligible for the immigrant visa. The program currently applies only to select cases; applicants cannot independently request a bond and will be notified by the consular officer if one is required. The amount of the bond will be determined on a case-by-case basis based on the totality of the applicant’s circumstances.
USCIS Expands Authority to Deny Cases Without RFEs or NOIDs
USCIS has issued new guidance giving immigration officers greater discretion to deny applications and petitions without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). The policy is broadly applicable and is not limited to a particular visa category or form type. Effective as of August 5, 2026, the guidance applies both to immigration benefit requests that were already pending on that date and to requests filed on or after August 5, 2026. Under the updated policy, if a filing lacks required initial evidence or otherwise fails to establish eligibility, an officer may deny the case without first giving the applicant or petitioner an additional opportunity to submit evidence.
The policy also makes RFE and NOID response deadlines more stringent. The traditional 12-week period for responding to an RFE is now a maximum rather than a standard response period, meaning officers may provide less time depending on the circumstances, while NOID responses remain limited to a maximum of 30 days. These changes make it increasingly important for applicants and petitioners to submit complete cases from the outset and to respond promptly and comprehensively to any USCIS request for additional evidence.
USCIS May Refer Certain Asylum Applicants to Immigration Court Without an Interview
USCIS has issued an interim final rule allowing asylum officers to refer certain affirmative asylum applications directly to the Executive Office for Immigration Review (EOIR), or Immigration Court, without first conducting an asylum interview. Effective July 28, 2026, the rule applies to newly filed and pending affirmative asylum applications. Cases potentially subject to referral include applications that appear barred by the one-year filing deadline, involve a mandatory bar to asylum, fail to establish eligibility based on the written record, or do not appear to warrant a favorable exercise of discretion.
A referral to EOIR or Immigration Court does not constitute a final denial of the asylum application. Instead, the applicant will be placed into removal proceedings, where they may continue to pursue asylum and any other available forms of relief or protection before an immigration judge. This significant change makes it increasingly important for affirmative asylum applicants to submit a complete and well-supported Form I-589 from the outset, as USCIS may now determine that referral to Immigration Court is appropriate without first providing the applicant an opportunity to present their case at an asylum interview.
At Brown Immigration Law, we are committed to keeping you informed of the latest developments and providing expert legal guidance during this uncertain time. If you or a loved one is impacted by these changes, our experienced attorneys are here to help you navigate your options and protect your rights. Stay connected with us for timely updates, and don’t hesitate to reach out for personalized assistance.
