What to Know About ECA’s Guidance Directive on the Elimination of Duration of Status

Overview:

  • New guidance from the Department of State’s Bureau of Educational and Cultural Affairs (ECA) is now available regarding the implementation of the new regulation eliminating Duration of Status (D/S). The guidance provides additional information on how the rule will apply for individual J-1 BridgeUSA programs.

  • For many J-1 programs, participants will not be required to go through a new Extension of Status (EOS) process if an Expected Completion Date is included on the exchange visitor’s DS-2019 in addition to the initial Program End Date.  

  • Any program that extends beyond four years will be required to go through the EOS process. 

  • Current J-1 exchange visitors admitted under D/S will not be required to go through the EOS process if sponsors add an Expected Completion Date to their SEVIS record by September 15. 


(This analysis is up-to-date as of August 13, 2026 and will continue to be updated as more information regarding the guidance directive becomes available)

The Department of State’s Bureau of Educational and Cultural Affairs (ECA) released a directive this week providing BridgeUSA-specific guidance to help program sponsors and participants navigate the Department of Homeland Security’s (DHS) rule eliminating Duration of Status (D/S), scheduled to go into effect on September 15. The impact of this directive on J-1 exchange programs is two-fold: first, it outlines a process by which many J-1 participants will not to be required to go through DHS’ new Extension of Stay (EOS) process, but rather can continue using existing program extension methods; and second, it notes that current J-1 exchange visitors admitted under D/S will not be required to go through the EOS process if sponsors add an Expected Completion Date to their SEVIS record by September 15. 

Background on the elimination of Duration of Status (D/S)
For decades, J-1 exchange visitors have been admitted to the U.S. for “Duration of Status” (D/S), allowing them to remain in the country for the length of their authorized exchange program, as reflected in SEVIS and on their DS-2019 form. Under DHS’ final rule released last month, however, exchange visitors will be given fixed periods of admission and a new process for obtaining a program extension when needed. Participants would have to file an Extension of Stay (EOS) petition with the U.S. Citizenship and Immigration Services (USCIS) to extend their program on top of coordinating with sponsors and the State Department. This would add additional costs, administrative requirements, and potential processing delays to program extensions that sponsors and the State Department currently successfully manage through the existing ECA system. 

ECA’s guidance directive this week provides more explanatory information on how this new rule will impact BridgeUSA programs and how sponsors can prepare accordingly. Here are the important takeaways from and questions to consider when it comes to this guidance. 

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What ECA’s guidance means for sponsors and participants
The guidance instructs sponsors to enter the program begin and end dates on the DS-2019 form based on the participant’s initial program terms, as is current practice. Sponsors are then instructed to enter an "Expected Completion Date" in the Subject/Field Remarks (Field 4), if the expected date of completion is longer than the initial program dates. Doing this indicates to DHS and Customs and Border Patrol (CBP) that they should provide an Admit Until Date (AUD) that is longer than the initial program dates. Receiving this longer AUD means that a participant would need to go through the existing program extension process with the State Department, but would not be required to complete DHS’ new EOS process. 

For example, an au pair is eligible to enter the U.S. for an initial 12-month program that can be extended for up to an additional 12 months. Under this guidance, an au pair’s DS-2019 form would have an initial program begin and end date of 12 months. The DS-2019 could also have an expected completion date in Field 4 of 24 months. CBP would then issue the au pair an AUD of 24 months, which would mean the au pair would only need to apply for an extension with the Department of State as is current practice, and would not be required to engage in the DHS EOS process. 

It’s important to note that, based on this guidance, some J-1 programs will still be required to go through DHS’ EOS process. Any program that extends beyond four years will still have to go through the EOS process. For example, a Teacher Program participant can do an initial program of three years, with the option to extend two additional years. Since this program would extend beyond four years, following the new EOS process would be required.  

Similarly, if a research scholar or professor plans to do a full five-year program, the sponsor can issue their DS-2019 form for the full five years – but the participants will only be admitted for four years and would need to go through the EOS process in order to stay for a fifth year.

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What questions remain
A key question remains as to how this guidance will be implemented at the border when exchange visitors enter the country. The Department of State has confirmed that DHS will issue guidance to all CBP officers instructing them to look at Field 4 for an expected completion date and issue an AUD that reflects that date.  

However, as the guidance makes clear, this approach remains subject to the discretion of individual CBP officers. The guidance states that “DHS will use the Program End Date listed on the Form DS-2019 as the primary guide for determining the AUD,” before presumably reviewing Field 4 to determine whether a different expected completion date is listed. This creates potential for error if a CBP officer overlooks Field 4 or misinterprets the information. 

The guidance’s FAQs also clearly say that DHS is not required to issue an AUD based on the expected completion date: 

“DHS may consider the Expected Completion Date when determining an AUD, but DHS retains ultimate authority over that determination and may decline to grant the Expected Completion Date based on other factors, such as the exchange visitor's passport expiration date. The period of admission cannot exceed four years, regardless of the Expected Completion Date entered on the Form.”

Thus, the practical impact of this guidance will become clearer once exchange visitors begin entering the country after September 15 and there is sufficient evidence that CBP officers are applying the guidance as intended. 

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What this means for BridgeUSA Programs
This guidance from ECA recognizes the unique parameters that each BridgeUSA program operates in and provides greater clarity on how the new admission rule will apply across all programs. 

This is an important step toward minimizing unnecessary disruption for exchange visitors and program sponsors and ultimately supporting the success of BridgeUSA programs going forward. 

We’ll continue to update this commentary as more information regarding the guidance and its implementation becomes available. 

Mark Overmann

Executive Director

Mark Overmann joined the Alliance as Executive Director in 2022, after having served as Assistant Director and Deputy Director from 2009-2015. Mark has nearly 20 years of experience in the NGO, association, federal, and university sectors. He excels at association management, government relations, including extensive work with the U.S. Department of State and Congress, strategic communications, and organizational development.

Mark also served as a Senior Manager at Accenture Federal Services supporting global health and diplomacy programs; Vice President of External Affairs at InterExchange; Director of College Communications at Georgetown University; and Program Associate for Communications at Global Ties U.S.

Mark has a bachelor’s in English from the University of Notre Dame and a master’s in International Communication from American University’s School of International Service. He is co-author with Sherry Mueller of Working World: Careers in International Education, Exchange, and Development (Georgetown University Press, 2008, 2014). He studied abroad during college in Angers, France, and taught English in Yanji, China, along the North Korean border.

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