Dear Students and Scholars,

We are writing to provide an update regarding the Department of Homeland Security (DHS) final rule related to Duration of Status (D/S).

The final rule effective date is September 15, 2026. Until that date, the current regulations remain in effect, and no immediate action is required. This email provides a general overview and is not legal advice.

Some of these changes will affect only those who enter or re-enter the United States or need immigration benefits after September 15, 2026. Students who are already in the United States on the effective date should carefully review the transition provisions below, as different rules apply. 

Some of the most significant changes include:

Fixed-date F and J admissions:

• Admit Until Date (AUD): Effective September 15, 2026, F and J students, scholars, and dependents entering the United States will receive a Form I-94 with a fixed Admit Until Date (AUD) instead of Duration of Status (D/S). The AUD will generally be based on the program end date listed on the Form I-20 or DS-2019, plus a 30-day grace period, and may not exceed four years. English language training programs - ESL students will be limited to a total of two years in an English language program.

• Extension (EOS) applications with USCIS: If additional time is needed beyond your Admit Until Date (AUD), you must request an extension of stay well before your Admit Until Date (AUD) expires. International Student and Scholars Services will direct you in filing Form I-539 with U.S. Citizenship and Immigration Services (USCIS).

• F-1 grace period: Students, scholars, and dependents admitted to the U.S. with a fixed Admit Until Date (AUD) will receive a 30-day grace period after completing their program "instead of the current 60-day grace period."

Academic Mobility Restrictions on Transfers and Change of Programs:

• Effective September 15, undergraduate students may not transfer schools or change programs during their first year of study unless DHS approves an exception on a case-by-case basis for extenuating circumstances (examples given by DHS: school closures, natural disasters).

• Effective September 15, graduate students may not change their educational objective (including changing majors or educational levels) during their program of study.

• Effective September 15, graduate students may not transfer schools during their program of study unless DHS approves an exception on a case-by-case basis for extenuating circumstances (examples given by DHS: school closures, natural disasters).

• Effective September 15, after completing a degree, students must progress to the next degree level. Therefore, reverse or lateral matriculation is prohibited.

What if I am already in the United States?

• If you are already in the United States in F or J status before September 15, 2026, the new rule does affect you, but differently than individuals entering or re-entering the United States after the effective date.

• If you depart the United States and are readmitted on or after September 15, 2026, you will no longer be covered by the transition provisions.

What stays the same:

• You will continue to be in Duration of Status (D/S). You will not automatically receive a new date-specific Form I-94 on September 15, 2026.

• Current F-1 students covered by the transition provisions will retain the current 60-day grace period after completing their program or post-completion OPT, unless they later become subject to the new admission rules.

What changes:

• Although your immigration status will continue as D/S, your maximum authorized period of stay under the transition provisions will generally be limited to the shorter of:

  • the program end date listed on your current Form I-20 or DS-2019 (or your OPT Employment Authorization Document, if applicable), or

  • four years from September 15, 2026.

• If you depart the United States and re-enter on or after September 15, 2026, you will be admitted with a date-specific Admit Until Date (AUD) on your Form I-94 rather than Duration of Status (D/S) and will be subject to the new 30-day grace period.

OPT Transition:

• DHS included a temporary transition period for students who are already in the United States under Duration of Status (D/S) and do not travel and re-enter – remaining covered by the transition provisions.

• If you are eligible to apply for post-completion OPT or STEM OPT and timely file your application on or before March 18, 2027, you will not need to file Form I-539 in addition to your Form I-765.

• After the transition period ends, students applying for post-completion OPT or STEM OPT will generally need to file both:

  • Form I-765 (Application for Employment Authorization), and
  • Form I-539 (Application to Extend/Change Nonimmigrant Status), if an extension of stay is required under the new rule.

If you need more time:

If you need additional time beyond your authorized period of stay—for example, because of a program extension, school transfer, change of educational level, OPT, or Academic Training, you will need to:

• Obtain an updated Form I-20 or DS-2019 from your DSO or ARO, (and)

• File Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS before your authorized stay expires (or)  
• Another option is departing the U.S. and seeking readmission using an updated Form I-20 or DS-2019, if you are otherwise eligible to do so.

Resources:

• Study in the States FAQ

• DHS Final Rule Ending Duration of Status | NAFSA

• Federal Register

• Duration of Status Explainer | NAFSA
• International Student Resource Center (includes FAQ's for students)

We know that this seems like a lot to think through; we're here to help! Book an appointment with Michele James or Jennifer Stahl and we'll talk through your specific circumstances with you. We are continuing to monitor developments as additional guidance becomes available.