Loss of D/S for Exchange Visitors
Guide
An overview of the impacts on and best practices for J Exchange Visitor Programs in regards to the implementation of DHS’ upcoming “loss of D/S” regulation
Written by Diane Rish, Deputy Director of the International Student Resource Center
Last updated: August, 2026
Litigation Update: A lawsuit was filed on 18 August 2026 in the U.S. District Court for the District of Massachusetts challenging the legality of the new "Loss of D/S" rule by NAFSA; Association of International Educators, the Presidents' Alliance on Higher Education and Immigration, and multiple other organizations. The suit is requesting a preliminary injunction to halt the implementation of the rule which is set to take effect on September 15, 2026.
The filing challenges the rule under the Administrative Procedure Act, claiming that the government failed to properly consider and respond to many public comments on the rule, did not adequately assess the cost and benefits of the rule, failed to consider less burdensome alternatives, and did not adequately justify the rule based on its stated objectives.
You can access the full complaint and the memorandum in support of the request for a preliminary injunction from the Presidents' Alliance website. The motion hearing is scheduled for September 3, 2026 at 11am EST.
Change from D/S to Fixed Admission
The Department of Homeland Security (DHS) published a new rule that will impact J exchange visitors (in addition to F and I visa holders) once it goes into effect on September 15, 2026. The new rule changes the duration of allowed stay in the U.S. for individuals in these categories from D/S - which for exchange visitors, allows you to stay in the U.S. for as long as your Form DS-2019 is valid and you’re in good standing with your program - to a new “fixed admission period.”
Admit Until Date (AUD)
Under the “fixed admission” system, exchange visitors will be admitted to the U.S. with a particular Admit Until Date (AUD), which is the date on which your authorized stay in the U.S. in J-1 status ends. If you need more time to complete your exchange program or change your immigration status, action must be taken BEFORE your AUD arrives.
The Program End Date on your DS-2019 will be the guide for determining your AUD. In general, the AUD will be the earlier of:
your DS-2019 Program End Date + 30 days
4 years + 30 days
Extension of Stay (EOS)
Under the “fixed admission” system, AUDs cannot be extended by Program Sponsors. This means that if your AUD is expiring and if you need and are eligible for additional time to complete your exchange program, you need to take action BEFORE your AUD arrives. The steps to extend an AUD are:
Work with your Program Sponsor to extend the Program End Date on your DS-2019
Once you have the extended DS-2019, you can either:
Submit an Extension of Stay (EOS) application to USCIS
Depart the U.S. and reenter through a Port of Entry
SEVIS Procedures
The U.S. State Department’s Bureau of Educational and Cultural Affairs (ECA) issued guidance on the implementation of the new regulation. The guidance instructs J-1 sponsors on how to complete Form DS-2019 and maintain SEVIS records under the new fixed admission period framework. One important clarification in the guidance is that though DHS may only admit an exchange visitor for a shorter initial period, sponsors can and should continue to issue the Form DS-2019 for the full authorized program duration allowed under an exchange visitor’s category (e.g., up to five years for Research Scholars).
Expected Completion Date
The guidance introduces a new concept in light of the possible shorter initial period of admission for exchange visitors. In scenarios where a DS-2019 is issued with a Program End Date that does NOT reflect the date the exchange visitor is expected to complete their program in full, the sponsor must enter an Expected Completion Date in the Subject/Field Remarks (Field 4) of the SEVIS record, formatted as "Expected Completion Date: MM/DD/YYYY." An example of this could be a sponsor issuing a DS-2019 for an incoming Post-Doc Research Scholar for whom funding is only guaranteed for one year, but whose academic department expects to extend funding on an annual basis for up to five years. In this case, the DS-2019 should have a Program End Date one year out and an Expected Completion Date five years out.
ECA’s guidance includes Expected Completion Date examples by J-1 category. Note that an Expected Completion Date should be used only when the Program End Date does not already reflect the visitor's full anticipated program period.
Impact on AUD
The point of introducing the Expected Completion Date on the DS-2019 is that it allows DHS to consider admitting an exchange visitor for a period longer than the Program End Date on their DS-2019, up to the maximum of four years plus 30 days for departure. While not guaranteed, DHS may consider the Expected Completion Date when determining the AUD for the exchange visitor.
SEVIS Actions and Functionality
When adding an Expected Completion Date to an exchange visitor’s SEVIS record, sponsors should do so in the Subject/Field Remarks (Field 4) of the SEVIS record, formatted as "Expected Completion Date: MM/DD/YYYY.” Since only the first 200 characters print on the Form DS-2019, it’s critical to list the Expected Completion Date first to make sure it appears on the printed document. Any additional comments a sponsor would traditionally include in this field should be added after.
Program Changes and AUD
While the AUD is generally the end date an exchange visitor’s immigration status is tied to, there are certain program changes and associated SEVIS actions that shift the timeline away from the original AUD:
Shortened Program: If you complete your program early and for a neutral reason, your DS-2019 Program End Date will be shortened to reflect the new, shorter end date. In this case, you must depart by your AUD or within 30 days of the new (shortened) DS-2019 Program End Date, whichever is earlier.
Terminated Program: If a program is completed early and terminated for a negative reason, the exchange visitor must depart the U.S. immediately; if termination occurs on or after the AUD, the existing AUD departure deadline continues to apply. No grace period will be allowed.
SEVIS Changes Coming
ECA appears to be working on SEVIS updates to make some of these changes easier for sponsors to navigate. Changes include displaying the Admit Until Date prominently on an exchange visitor’s record, adding AUD to lists and alerts that sponsors can pull from SEVIS, and adding Extension of Stay (EOS) request information (receipt number, request status, etc.). More details will be forthcoming.
Transition Period for Current Exchange Visitors
The new rule is scheduled to go into effect on September 15, 2026. Current exchange visitors already in the U.S. on September 15th will retain their D/S I-94 for a transition period that will last until they depart the U.S. or their status expires.
If an exchange visitor with a D/S I-94 travels on or after September 15, 2026, they will be readmitted to the U.S. under the new “fixed admission” framework and issued an AUD.
If an exchange visitor with a D/S I-94 on September 15, 2026 does not depart the U.S., their extension process may vary depending on the Expected Completion Date process.
Expected Completion Date and Transition
During the transition period, for an exchange visitor with a D/S I-94 who is nearing the end date of their DS-2019, if they are eligible for additional time and if they need additional time to complete their exchange program, whether they simply do a DS-2019 extension through the program sponsor or an EOS application is required, depends on if and when the program sponsor noted an Expected Completion Date in the exchange visitor’s SEVIS record:
If the sponsor added an Expected Completion Date to the SEVIS record before September 15, 2026, the sponsor may extend the Program End Date without an EOS application being required to be filed with USCIS, up to that Expected Completion Date, and the exchange visitor may remain under D/S through that date.
If the sponsor did not timely add an Expected Completion Date to the SEVIS record, or if the updated Program End Date exceeds the Expected Completion Date on file, the exchange visitor must apply for an EOS with USCIS to cover the extended period, or depart the United States and apply for readmission at a U.S. port of entry.