New USDHS Rule Eliminates F and J Duration of Status (D/S)
District court has granted nationwide preliminary relief which blocks the rule from taking effect and prohibits DHS from further implementation it while litigation continues.
The U.S. Department of Homeland Security (USDHS) published changes to regulations on July 17, 2026 that will impact all F-1 student and J-1 exchange visitor categories. Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media is scheduled to become effective on September 15, 2026. F-1 students and J-1 exchange visitors (which includes both students and scholars) entering the U.S. after the rule is implemented will receive an admit until end date (AUD) on their I-94 arrival record instead of “duration of status” (D/S). Moving forward, they will be require to apply to DHS for periodic extensions or travel and reenter the U.S. to extend this date if they need additional time to their complete their program and/or apply for post-completion employment authorization.
Regulatory change at this scale is complex as it involves a number of different federal agencies and systems. ISSO will continue to update this page and the community as more details emerge and USCIS provides further guidance before and after implementation. Please pay close attention to ISSO updates via email, attend ISSO information sessions and contact your ISSO advisor should you have questions.
Background
F-1 students, J-1 exchange visitor student and scholars, and their F-2 and J-2 dependent family members have been granted an expiration of “duration of status” (D/S) upon entry to the U.S. since the early 1990s to allow flexibility for extended time needed in the U.S. for scholarly pursuits. Students and exchange visitors currently work with their ISSO advisor to extend the length of their SEVIS record and corresponding I-20 or DS-2019 when they need additional time to complete educational objectives or apply for post completion training. Under these new regulations, individuals in F student or J exchange visitor status (including F-2 and J-2 dependent family members) will be admitted to the U.S. until the program end date noted on their I-20 or DS-2019 – now referenced as the admit until date (AUD) – plus a period of 30 days following their program end date – not to exceed 4 years – instead of D/S. The new rule will require F students and J exchange visitors who need time beyond their until date to either:
submit a formal extension of stay (EOS) application to USCIS or,
depart the U.S. before their admit until expiration date expires and seek re-entry to the U.S. for a longer period of time
Summary
The new rule is expected to take effect on September 15, 2026. The rule is complex and will require time for analysis and application before and after implementation. The rule:
replaces D/S “duration of status” admissions with admit until expiration date on Form I-94 arrival records for F-1 students, F-2 dependents, J-1 students and scholars and J-2 dependents. The I-94 arrival record admit until expiration dates are expected to reflect program end date noted on their I-20 or DS-2019, not to exceed 4 years, plus a period of 30 days following their program end date
requires F-1 students and J-1 exchange visitors and their dependent family members to track their new admit until expiration dates on their I-94 arrival record and to 1) timely file a formal I-539 extension application with USCIS or 2) depart the U.S. and make a new entry to the U.S. BEFORE their admit until date expires if they need additional time for whatever reason (for example: an extension of program, school transfers, moving academic levels, cap-gap, use of post-completion practical training or academic training etc.)
shortens the F-1 and F-2 post-completion grace period from 60 to 30 days which aligns with the J-1 category
imposes new limits on transfers and academic program changes including limitations on when undergraduate students could change programs, prohibitions on reverse or lateral program changes and restrictions on most program changes at the graduate level
outlines more restrictive standards for extension eligibility and inserts USCIS discretion as it establishes a two-step process: school or exchange program officials recommend extensions SEVIS in accordance with existing regulations and then the student or scholar needs to either apply to USCIS for an extension or travel and reenter the U.S. to affect an extension. Both procedures carry risks and advantages so students and exchange visitors will need to work with their ISSO advisor to assess their individual situation and decide which step works best for them
clarifies if/when employment authorization is temporarily extended with a pending extension of stay application EOS at USCIS
establishes a temporary transition period that allows F-1 students (and their F-2 dependents) in the U.S. on the day the rule becomes effective to retain a 60-day grace period, provided the student DOES not depart the U.S. after the rule becomes effective
establishes a temporary transition period that waives the EOS requirement for F-1 students who apply for post-completion Optional Practical Training within 6 months after the effective date provided the student DOES not depart the U.S. after the rule becomes effective
confirms that F-1 students and J-1 exchange visitors and their F-2 and J-2 dependent family members will begin to accrue unlawful presence which will trigger possible 3 and 10-year bans on re-entry to the U.S. if students, scholars and family members remain in the U.S. beyond the new admit until expiration date without taking action to extend their status
More Details
Replacing D/S with a new Admit Until Expiration Date
Under the new rule, F-1 students and J-1 exchange visitors will be admitted to the U.S. with a new admit until expiration date on their I-94 arrival record based on their program end date on their I-20 or DS-2019 plus a 30-day grace period – not to exceed four years at a time. This 4-year maximum period of admission is not an aggregate cap on the total time and F-1 or J-1 can remain in the U.S. but is the maximum an F-1 or J-1 can be admitted each time they enter the U.S. or each time they extend with USCIS. F-1 students and J-1 exchange visitors with I-20s or DS-2019s that are valid for longer than 4 years will be admitted to the U.S. admit until expiration date of 4 years – presumably from the date of entry to the U.S. and will need to take action to extend before the admit until expiration date.
More Complex Processes to Extend Status from Within the U.S.
F-1 students and J-1 exchange visitors will need to pay attention to their admit until expiration dates and work with their ISSO advisors well in advance of expiration to develop an extension strategy regardless of why they may need to or choose to remain in the U.S. longer.
F-1 students and J-1 exchange visitors needing a program extension because they need more time to complete the program must 1) obtain an I-20 or DS-2019 with an extended end date through their ISSO Advisor and must 2) either apply for an extension of stay with USCIS to remain in the U.S. or depart and re-enter the U.S. in F/J status to obtain a new admit until expiration date. The rule reduces eligibility criteria for EOS
F-1 students and J-1 exchange visitors seeking to transfer to a new school/program must 1) work with their ISSO advisor to transfer their SEVIS record to the new school/program, if eligible and obtain a new I-20 or DS-2019 from the new school/program with a new end date and then must 2) either apply for an extension of stay with USCIS to remain in the U.S. or, depart and re-enter the U.S. in F/J status to obtain a new admit until expiration date
F/J students seeking to begin a new program of study at the same school at a higher degree level must 1) work with their ISSO advisor to obtain a new I-20 or DS-2019 reflected the new program with an extended end date and then must 2) either apply for an extension of stay with USCIS to remain in the U.S. or, depart and re-enter the U.S. in F/J status to obtain a new admit until expiration date. Note that the new rule prohibits second or subsequent programs at the same or lower level of study.
F students needing a program extension to apply for post-completion OPT must review their current admit until expiration date to develop a strategy. They will need to 1) work with their ISSO advisor to obtain a new I-20 with the OPT recommendation and follow instructions to apply for OPT with USCIS. In addition, they may also need to apply for an extension of stay with USCIS to remain in the U.S. depending on their admit until expiration date.
J students needing a program extension to apply for post-completion Academic Training must review their current admit until expiration date to develop a strategy. They will need to 1) work with their ISSO advisor to obtain a new DS-2019 with an extended expiration date and the Academic Training authorization and may also need to apply for an extension of stay with USCIS to remain in the U.S. depending on their admit until expiration date.
F/J students and scholars will need to be sure to request extended I-20s or DS-2019s for their F-2 or J-2 dependent family members and strategize their individual fixed admit until expirations dates to determine if they need to take action to extend their F-2 or J-2 status as well.
Decreasing the F-1 “grace period” from 60 days to 30 days
The rule reduces the F-1 grace period from 60 to 30 days after the admit until date (AUD). In addition, the grace period will be reflected on the I-94 arrival record admit until expiration date which aligns with the 30-day entry period before the start of the program and the J classification. Students will now have only 30 days after program completion to:
request an extension of stay
apply for post completion training
matriculate to a higher degree program in the U.S. (change of level or school transfer)
apply to USCIS to change status OR – depart the U.S. with their F-2 dependent family members. The program completion date on the I-20 is typically the official graduation date for degree students or, the last day of class for nondegree students.
Limits on Changes in F-1 Educational Objectives
The rule introduces a new regulatory concept of “educational objectives” covering majors, minors, programs, and levels. The rule restricts repeated or immediate changes and prohibits graduate students from switching programs.
F-1 students below the graduate level (undergraduate and nondegree) would be restricted to their current school and program of study (including current major and minor fields of study) for at least one academic year with limited exceptions.
F-1 students at the graduate level (masters, PhD, and professional) are prohibited from transferring to a new school or changing programs unless they complete the program and matriculate up to a higher level of study. USCIS will need to issue additional guidance to clarify the hierarchy of “higher” level of study.
More Restrictive Standards to Qualify for an Extension of Stay
In summary, the rule establishes a 2-step process for F-1 students and J-1 exchange visitors who need more time:
Step 1 would be for the DSO or RO to recommend an extension using SEVIS procedures similar (or exactly the same) as those they use now to obtain a I-20 or DS-2019 for a program extensions, moving educational levels, transfer to a new school or exchange program, F-1 post-completion OPT or STEM OPT recommendation or J-1 academic training
Step 2 would be for the student or exchange visitor (and their dependents) to timely file a full extension of stay application on Form I-539, with fee, which would have to be adjudicated by USCIS under revised standards OR travel outside the U.S. and re-enter the U.S. to obtain a new admit until date.
DSOs will only be able to extend a student’s SEVIS record to allow for more time to complete the same program for:
A compelling academic reason, such as a change of major or research topic or unexpected research problems. Unexpected research problems are those caused by an unexpected change in faculty advisor, need to refine an investigatory topic based on initial research, research funding delays, and similar issues. Delays including, but not limited to, those caused by academic probation or suspension or a student’s repeated inability or unwillingness to complete his or her course of study are not acceptable reasons for an extension
A documented illness or medical condition that is a compelling medical reason, such as a serious injury, that is supported by medical documentation from a licensed medical doctor, a licensed doctor of osteopathy, a licensed psychologist, or a licensed clinical psychologist; or
Circumstances beyond the student’s control – including a natural disaster, national health crisis, or the closure of an institution.
Transition from D/S When the Rule Becomes Effective
A preliminary reading of the new rule indicates that F-1 students and J-1 exchange visitors physically present in the U.S. will retain the D/S expiration date and will not be assigned a new admit until date (AUD) until the first time they either travel and re-enter the U.S..
Additional Resources
The Student and Exchange Visitor Program (SEVP) created new resources on Study in the States to help F students and DSOs understand and prepare for implementation of the new rule: