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Immigration Updates: Final Rule is on hold

As of September 14, 2026, implementation of the Final Rule eliminating "Duration of Status" ("D/S") is on hold following a Preliminary Injunction Order issued by the U.S. District Court for the District of Massachusetts. Accordingly, the current rule pertaining to F-1 regulations are still in effect. All information provided on this webpage reflects the proposed rule and remains subject to further court action or resolution. International Students and Scholars (ISS) will provide updates as information becomes available.  

 

On July 17, 2026, the U.S. Department of Homeland Security announced a new rule that changes "Duration of Status" ("D/S") admission periods, replacing it with fixed admission periods. This new rule will take effect on September 15, 2026.  

"Duration of status" (D/S) is an admission period or period of stay granted by U.S. Customs and Border Protection (CBP) to F-1 students and J-1 exchange visitors and their F-2/J-2 dependents, if any, upon their admission to the U.S. CBP issues the I-94 arrival record with a "D/S" notation, which signifies how long the student or exchange visitor may remain legally in the U.S.

 

Links to the new rule

ISS Webinars:

Topic: General overview of the D/S rule change  
Date: Thursday, September 10, 2026
Time: 9:00 a.m. – 11:00 a.m.

 

Frequently Asked Questions (FAQs)

We are analyzing the new rule and will continue to add and update the FAQs upon receiving additional DHS and USCIS guidance. Please check back frequently.

What is changing?

Under the current "duration of status" (D/S) rule, F-1 students and J-1 exchange visitors may remain in the U.S. as long as they are pursuing their studies, exchange program objectives, or authorized training (Optional Practical Training, STEM OPT, or J-1 Academic Training) and continue to comply with the requirements of their status.

Beginning September 15, 2026, F-1 students and J-1 exchange visitors who enter the U.S. will no longer be admitted for "duration of status." Instead, they will be admitted until the program end date listed on their Form I-20 or DS-2019, up to a maximum of 4 years, plus a 30-day grace period. Their I-94 arrival record will show an "Admit Until" date rather than "D/S." 

If they need to remain in the U.S. beyond that "Admit Until" date time to complete their studies or exchange program, they must first obtain a program extension recommendation from their school and then file an Extension of Stay application with U.S. Citizenship and Immigration Services (USCIS) before their  authorized stay expires. 

In addition, the new rule restricts certain academic program changes and provides transition provisions.

How does the new rule affect students?

The rule's impact will vary based on a F-1 student's and J-1 exchange visitor's admission date, international travel, academic plans, and employment authorization. In addition to the elimination of the "D/S" system, there are transition provisions and academic restrictions (transfers, change of major, change of level).

What should current students know about this new rule?

F-1 students and J-1 exchange visitors who are in the U.S. with "D/S" on September 15, 2026, and maintaining their status are covered by the new rule's transiton provisions. The following applies to them:

  • They will not have to immediately apply for date-certain I-94s to replace the "D/S" I-94 just because the new rule takes effect.
  • F-1 students will retain the legacy 60-day grace period, even after September 15, 2026. However, if they travel outside the U.S. and re-enter after September 15, 2026, they will be subject to the new rule and  have an I-94 record with a specific "Admit Until" date, which includes a 30-day grace period.
  • F-1 students who applies for post-completion Optional Practical Training (OPT) before March 18, 2027 will not need to apply for a formal Extension of Stay application with USCIS. 

What should students do now?

All F-1 and J-1 students and scholars are urged to do the following now:

  • Check your program end dates on your most current Form I-20 or DS-2019.
  • If you already know you will need an extension beyond the program end date on your I-20 or DS-2019, we strongly encourage you to submit your Program Extension in your ISS Portal as soon as possible (and before September 1) to avoid having to submit a formal application to USCIS. The formal extension process with USCIS requires processings fees ($420 for online; $470 for mail-in).
  • Review and understand your Titan Degree Audit and study plan: Meet with your academic advisors/faculty advisors/graduate advisors.
  • Be aware of risks of international travel and if at all possible, avoid non-essential international travel.
  • Check your I-94 form, especially after any international travel.
  • Stay informed. Stay connected with ISS.

What should J-1 scholars do now?

We recommend connecting with your host faculty or department to review  your exchange program objectives to determine if an extension of your Form DS-2019 is needed. To avoid having to file a formal extension with USCIS, please contact ISS as soon as possible (no later than August 31st), to request an extension of your Form DS-2019. 

I am already in the US in F or J status. How does the new rule apply to me? 

The new rule includes transition provisions. If you are already in the U.S. on September 15, 2026, maintaining your status and did not travel internationally, your status as D/S will remain. However, your actual program end date will default to your I-20 or DS-2019 program end date, or four years, whichever is shorter. If you need additional time, you will have to submit a formal Extension of Stay application to USCIS. It may be possible for you to get an extension by leaving the U.S. and re-entering with an extended I-20 or DS-2019, subject to re-entry approval by U.S. Customs and Border Protection (CBP).  

Note: If you depart the U.S. and re-enter on or after September 15, 2026, you will be subject to the new rules and no longer be covered by the transition provisions. 

I plan to travel after September 15, 2026. How does the new rule apply to me?

If you re-enter the U.S. on or after September 15, 2026, you will be admitted with a date-specific I-94 ("Admit Until" date) which includes a 30-day grace period. This I-94 "Admit Until" date will be considered the end date of your authorized stay in the  U.S. Be sure to check your I-94 record immediately after your arrival to the U.S.

I plan to change my major (or declare a concentration). How does the new rule apply to me?

The new rule includes academic restrictions related to change of major or educational objectives:

  • Undergraduates must complete one academic year of study before they can change their educational objectives (such as changing majors).  
  • Graduate students are not eligible to change their educational objectives "at any point during their program of study".

I am graduating and applying for OPT soon. How does the new rule apply to me?

  • You can still apply for post-completion OPT. The new rule does not eliminate OPT.
  • For most students graduating this fall, the OPT application process will still involve Form I-765 only.
  • Your OPT timeline is shorter than it was under the old rules. You may still apply up to 90 days before your I-20 program end date, but you must now file no later than 30 days after your program end date, rather than 60 days after. Your requested OPT start date must also be within 30 days after your program end date.
  • International travel after September 15, 2026 can change which rules apply to you. If you leave the U.S. before filing for OPT and then return with a date-specific I-94, you may also need to file an extension-of-stay (Form I-539) application with USCIS along with the Form I-765 OPT application.

I plan to transfer to another school or begin a new degree program. How does the new rule apply to me?

  • Under the new rule, undergraduate students must complete one academic year before transferring or changing their educational objective, unless SEVP authorizes an exception for extenuating circumstances. Graduate students may not transfer to another school at any point during their academic program, unless SEVP authorizes an exception for extenuating circumstances.
  • After completing a program, an F-1 student may begin a new F-1 program only at a higher educational level. Starting another program at the same or a lower level is generally not permitted.
  • The normal SEVIS transfer/change-of-level process still applies, including the requirement to begin the new program within the applicable five-month period.
  • A new Form I-20 does not always extend your authorized stay. If the new program continues beyond your authorized period of stay, you may also need to file an Extension of Stay (Form I-539) application with USCIS.

What types of extenuating circumstances might qualify as an exception for a transfer?

The new rule states that extenuating circumstances for a transfer "are rare, exceptional events beyond the control of the school and the affected students that prevent an SEVP-certified school from continuing to provide the student's approved course of study, such as a permanent or extended school closure, a school merger that eliminates the student's program, a loss of necessary authorization for the school to enroll F-1 students, or the school's prolonger inability to deliver required instruction due to a natural disaser or comparable emergency." 

What happens on September 15, 2026, to students who are already in the United States in F-1 status with a D/S I-94? Will their I-94 automatically change to a fixed date?

Their existing I-94 will continue to show D/S; it will not automatically be replaced with an I-94 that contains a specific date.

What should I do if I need additional time to complete a degree, thesis, project, or other program requirement?

Students who know before that they need additional time should submit a program extension request no later than September 1.

Can I change my major before the new rule takes effect?

If an academic change and the corresponding I-20 update are completed before September 15, 2026, the new restriction will not yet apply.

Do students who are already maintaining F-1 status in the United States with a D/S I-94 need to file anything with USCIS merely because the new rule takes effect?

No. Students who are maintaining F-1 status with a D/S I-94 on September 15, 2026, do not need to file anything with USCIS solely because the rule takes effect.

Can students remain in the United States if their F-1 visa expires while their I-20 is still active?

Yes. The F-1 visa is primarily an entry document and may expire while a student is inside the United States. It does not determine how long the student is authorized to remain.

What happens if a fall graduate completes his or her degree earlier than the program end date on the I-20 and plans to begin post-completion OPT?

The I-20 will be updated to reflect the student's actual program completion date. A student may apply for post-completion OPT up to 90 days before the program completion date. Under the new rule, the filing window after completion is shortened to 30 days, and the requested OPT start date may not be more than 30 days after the program end date.

What happens if I fail a final required course and must return the following semester to complete it?

The new rule does not eliminate the existing final-semester reduced course load provisions. Depending on the program end date on the student's current I-20, the student may also need to file Form I-539 with USCIS to remain in the United States through the following semester.

Do students who complete a bachelor's degree and begin graduate school without leaving the United States need to file Form I-539?

Yes. Beginning graduate school after completing a bachelor's degree is considered beginning a new program of study. Under the new rule taking effect on September 15, 2026, students who remain in the United States must apply to USCIS for an Extension of Stay using Form I-539.