DHS Final Rule to Replace “Duration of Status” for F-1 and J-1 Visa Holders

Overview

The U.S. Department of Homeland Security (DHS) has proposed a regulatory change that would significantly modify how F-1 students, J-1 exchange visitors, and certain I visa holders are admitted and maintain their immigration status in the United States. The proposal would replace the current “Duration of Status” (D/S) framework with a fixed period of admission and require many individuals to apply for extensions of stay through U.S. Citizenship and Immigration Services (USCIS) if additional time is needed to complete their academic or exchange programs.

IMPORTANT UPDATE!!! Current status: On Friday, July 17, 2026, the U.S. Department of Homeland Security (DHS) published a final rule in the Federal Register, "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." The final rule takes effect on Tuesday, September 15, 2026. This is one of the most significant changes to F-1 regulations in many years. Please review the DHS Study in the States: Key changes and what they may mean for you and the Frequently Asked Questions page.

The IESC will continue to monitor any changes and provide updates here.

What Is “Duration of Status” (D/S)?

For decades, most F-1 students and J-1 exchange visitors have been admitted to the United States for “Duration of Status” (D/S). Under this framework, individuals may remain in the United States for as long as they are maintaining their immigration status and actively pursuing the objectives listed on their Form I-20 or Form DS-2019.

The D/S system provides flexibility for students and scholars whose academic or research activities may require additional time due to program changes, research requirements, academic delays, medical situations, or other approved circumstances.

What Would Change Under the Final Rule? Summary of Changes

  • Fixed Period of Admission: F-1 students will no longer be admitted for Duration of Status (D/S). Instead, they will receive a fixed period of admission tied to the program end date on their Form I-20, not to exceed four years, plus a 30-day period before the program start date for entry and a 30-day period after program completion to depart the U.S. or obtain another lawful status. Certain programs have shorter limits (e.g., English language programs are limited to 24 months).
  • Extension of Stay (EOS) Required: Students who need additional time to complete their program, begin a new academic program, or participate in post-completion OPT or STEM OPT must apply for an Extension of Stay (EOS) with USCIS. Simply extending the Form I-20 will no longer be sufficient.
  • Significant Changes to Maintaining Status: The rule places new restrictions on students' ability to change majors, change educational levels, and transfer schools.
  • Undergraduate students cannot make these changes during their first academic year without SEVP-approved extenuating circumstances.
  • Graduate students cannot change majors, educational levels, or transfer institutions during their program of study except under limited SEVP-authorized exceptions. Students also may not move to a program at the same or lower educational level after completing their current program.
  • Shorter Grace Period: The grace period following completion of a program or post-completion OPT/STEM OPT is reduced from 60 days to 30 days, requiring students to depart the U.S. or obtain another lawful immigration status more quickly.
  • Transition for Current Students: Students already in the U.S. in D/S status on September 15, 2026 will remain under transitional provisions until the end of their current program (or approved OPT/STEM OPT), subject to the rule's transition limits.
    • Students who travel internationally after the effective date may be readmitted under the new fixed-period admission rules, and some students pursuing OPT or future programs will need to apply for an Extension of Stay.

What Students and Scholars Should Do Now

At this time:

  • Continue maintaining your current immigration status as usual.
  • Follow all existing F-1 or J-1 regulations and reporting requirements.
  • Monitor updates from our office and trusted immigration resources.
  • Review the IESC’s FAQ page.
  • Attend an upcoming Immigration Guidance webinars.
  • Contact our office and schedule an advising appointment as needed.

*Our office will continue to closely monitoring developments and will provide updated guidance on the changes that will take effect starting September 15, 2026.

Additional Resources

For additional information and ongoing updates, please visit:

If you have questions regarding your individual immigration situation, please Contact Us office for guidance.