DHS Final Rule Ending Duration of Status

Last Updated: August 11, 2026

Disclaimer: The information provided on this website is for general informational purposes only and does not constitute legal advice. ISS is actively reviewing the recently published rule and its implications. Given the complexity of the regulation and the fact that certain provisions remain unclear or seem contradictory, some information presented here may be revised as additional guidance is issued by DHS and other relevant authorities.

Final Rule Effective Date: September 15, 2026

U.S. Department of Homeland Security (DHS) has published a final rule eliminating “Duration of Status” ('D/S') which impacts F-1 students and J-1 exchange visitors. This is a significant nationwide change to immigration policy for international students and scholars.

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What This Means Right Now

  • The rule does not take effect until 09/15/2026.
  • The current regulations continue unchanged until the effective date.
  • No immediate action is required at this time, unless ISS communicates otherwise.
  • These rule changes do not prohibit travel. 

Duration of Status (D/S) to Fixed Period of Stay

Beginning September 15, 2026, when F or J visa holders enter the United States, instead of being given “Duration of Status (“D/S”), they will be given a specific date by which they must complete their program and depart the United States or take action to maintain legal status (e.g. extend or change status). This specific end date is listed on their I-94 Arrival/Departure record and is listed as their “Admit Until Date” (AUD).

Upon admission to the U.S., the “Admit Until Date” (AUD) will correspond to the I-20/DS-2019 program end date plus a 30-day grace period but will not exceed four years even if the I-20/DS-2019 program end date exceeds four years. For students on OPT, the "Admit Until Date" (AUD) will be the end date of the OPT EAD plus a 30-day grace period.

If students or scholars cannot complete their program by the I-94 “Admit Until Date” (AUD) they must submit an extension of stay application to the U.S. government or travel outside the United States and re-enter to get a new “Admit Until Date.”

Prior to September 15, 2026, F and J nonimmigrants received “Duration of Status” (D/S) on their I-94 Arrival/Departure record instead of a specific fixed date. This change shifts the long-standing practice of flexible authorized periods of stay into a rigid system of deadlines and formal U.S. government applications.

Transition Rules

For F and J nonimmigrants who have D/S on their I-94 and are inside the U.S. by September 15, with no plans to travel, there are transition rules clarifying when their D/S will end and an extension of stay application will be required to convert their I-94 to a specific end date. The transition rules are complex and will need additional time to understand thoroughly.

Due to the complexity, we may need more time to fully understand the transition rules accurately. For most, this is not of immediate concern.

In most cases, F-1 students with D/S on their I-94 will still get a 60-day grace period.

Note, any time an F-1 or J-1 nonimmigrant travels outside the U.S. and re-enters after September 15, 2026, they will receive an I-94 with a specific “Admit Until Date” (AUD) which will include a 30-day grace period.

Fs and Js with D/S who do NOT Travel Outside the U.S. After September 15, 2030

F-1 students with an I-20 program end date before September 15, 2030

  • Have a 60-day grace period upon completion of their program. 
  • Do not need to apply for an extension of stay if they depart the U.S. before the end of the 60-day grace period. 
  • Once the program is completed, one would need to apply for an extension of stay to 1) pursue a higher educational level or 2) apply for OPT*.

F-1 students with an I-20 program end date beyond September 15, 2030

  • Have a 60-day grace until November 14, 2030
  • If more time is needed to complete the current program, an extension of stay application will be required to be submitted by November 14, 2030.
  • It is not clear yet if one would need to apply by September 15, 2030, to get the automatic extension of on-campus work authorization.
  • If the program is completed before September 15, 2030, one would need to apply for an extension of stay to 1) pursue a higher educational level or 2) apply for OPT*.

*F-1 student who apply for Optional Practical Training (OPT) or STEM OPT

  • There is a 6-month exemption period from the effective date during which extension of stay applications will not be required.
  • Applications for OPT or STEM OPT on or before March 18, 2027, will NOT require an extension of stay; however, the government may request an extension of stay application at their discretion.
  • Applications for OPT or STEM OPT on or after March 19, 2027, will require an extension of stay application in addition to the OPT application.

J-1 exchange visitors with a DS-2019 program end date before September 15, 2030

  • Have a 30-day grace period upon completion of their program. 
  • Do not need to apply for an extension of stay if they depart the U.S. before the end of the 30-day grace period. 
  • Once a program is completed, one would need to apply for an extension of stay to 1) pursue a higher educational level or 2) apply for Academic Training

J-1 exchange visitors with a DS-2019 program end date beyond September 15, 2030

  • Have a 30-day grace until October 15, 2030
  • If more time is needed to complete the current program, an extension of stay application will be required to be submitted by October 15, 2030.
  • It is not clear yet if one would need to apply by September 15, 2030, to get the automatic extension of any work authorization.
  • If a student’s program is completed before September 15, 2030, one would need to apply for an extension of stay to 1) pursue a higher educational level or 2) apply for Academic Training

Extension of Stay

I-20 and DS-2019 extensions will no longer be approved by ISS. Instead, ISS will recommend a “program extension” and the student/scholar must timely submit an “extension of stay” application to the U.S. government with fee and possible biometrics appointment and/or interview.  For Lawrence, biometrics and interviews will be in Kansas City.

Individuals with a date specific I-94 who need time beyond their I-94 “Admit Until Date” (AUD) for whatever reason (e.g., an extension of program, school transfers, moving to higher academic levels, use of post-completion practical training or academic training) will have to timely file a Form I-539 extension of stay application with USCIS.  The application must be complete, include the application fee (currently $420) and include all required evidence.  Applicants may be subject to a biometrics appointment and possible interview.

Timely File definition: In this context, timely file means before the I-94 “Admit Until Date” (AUD) on the I-94; however, F-1 on-campus employment authorization will only be automatically extended for 240 days IF the extension of stay application is filed before the I-20 program end date. See the employment section below.

Stricter Standards

United States Citizenship and Immigration Services (USCIS) will apply stricter standards for the approval of an extension of stay and this new rule allows USCIS to use discretion in reviewing the reasons for extension. Specifically, the eligibility criteria for an extension are:

  1. Possessing an original I-20/DS-2019 that was longer than 4 years at time of entry OR 
  2. Providing evidence demonstrating the request for additional time is based on one of the following reasons:
    1. a compelling academic reason or
    2. an illness documented by a licensed medical doctor or psychologist AND
    3. delays were NOT caused by academic probation, suspension or a “student’s repeated inability or unwillingness to complete.” 

Extension of Stay for OPT/STEM OPT

When F-1 students apply for post-completion OPT/STEM OPT, they must file an extension of stay application in addition to the OPT application. There is a 6-month transition period for students who were in the U.S., had “D/S” on their I-94 as of September 15, 2026, and who have not subsequently traveled and re-entered thereafter; please read the Transition section also.

Probation / Failure to Make Progress Consequences for F-1

For F-1 students, under this new rule academic probation, suspension or a “student’s repeated inability or unwillingness to complete” are unacceptable reasons for extension, school to school transfers, changes of major and changes in educational levels.

Limits on School Transfers for F-1 Students

At any level below the graduate level, the rule prohibits institutional transfers for the first academic year of a program of study in the U.S. At the graduate level, the rule prohibits institutional transfers “at any point during their program of study.”

Below Graduate Studies (i.e. Bachelor and AEC)

F-1 undergraduates will only be allowed to transfer to another school after the first academic year in the U.S. An academic year is defined as two full semesters (Fall & Spring). Summer does not count. Therefore, someone starting in January for the spring semester could not transfer institutions until after completion of the Fall semester in December.

Graduate Studies (including Masters, Doctoral & Grad Certificates)

At the graduate level, the rule prohibits institutional transfers “at any point during their program of study” for F-1 students.  Although we are hopeful, it is not clear yet if a school transfer is possible upon completion of a masters to start a doctoral degree at another school.

Limits to Academic Program/Major Changes

J-1 students already had prohibitions from changing their program objective and those rules remain unchanged.

F-1 student restrictions will now apply as follows:

  • At any level below the graduate level, the rule prohibits changes in major for the first academic year of a program of study in the U.S. 
  • At the graduate level, the rule prohibits program changes “at any point during their program of study," but may allow study that is “incidental to status”. Details about what constitutes incidental to status are not clear yet. 

Limits to Education Level Change

J-1 student rules for education level changes remain unchanged.

For F-1 students:

  1. DHS WILL allow pursuit of a higher-level degree upon completion of a lower-level degree.
  2. F-1 students will have a lifetime prohibition from pursuing another degree at the same level for any degree or program they complete in the U.S. after September 15, 2026.
  3. F-1 students will NOT be allowed to pursue a lower-level degree after completing a higher-level degree.

Multiple Degrees Simultaneously 

In a remark about the final rule, DHS stated: “a student issued a form I-20 for a Ph.D. program as their primary academic objective could obtain a master’s degree incidental to status while progressing towards completion of the PhD. Program.”  It is not clear if the admission to the Masters could be added after admission to the PhD.  It seems safest to be simultaneously admitted to both.

Joint degree programs are still allowed if admitted to both from the beginning.  For example, one could concurrently pursue a JD and an MBA if the original I-20 reflects both. 

F-1 Change to Grace Period

This rule cuts the F-1 grace period in half, from 60 to 30 days, aligning it with J classifications. The grace period allows students additional time after completion of a program to either prepare to depart the U.S or otherwise take action to maintain status.  F-1 students with “D/S” on their I-94 will, in most situations, still get their 60-day grace period after they complete their program or until their I-94 is converted to a specific date, whichever comes earlier.  Once F-1 students’ I-94s are converted to a specific “Admit Until Date” they will get a 30-day grace period.

For those F-1 students with “Duration of Status” (“D/S”) on their current I-94 and who complete their program by the I-20 program end date, they will still have the 60-day grace period. However, if the student travels and then re-enters the U.S. after September 15, 2026, the student will be given an I-94 record with fixed term “Admit Until Date” (AUD) and will have a 30-day grace period.

For F-1 students who are still in their current program on November 14, 2030, and still have D/S, they will have to apply for an extension of stay.  If the extension is approved, their grace period will be converted to a 30-day grace period.

See the transition rules for various scenarios that will convert an F-1’s I-94 to a date specific I-94.

OPT/STEM OPT

When F-1 students apply for post-completion Optional Practical Training (OPT) work authorization (current fee= $470), they will also be required to file an extension of stay application (current fee ranges $420 to $470) to the U.S. government. For the first six months after September 15, there are transition rules exempting students from filing the extension of stay application if they still have D/S on their I-94.

  • F-1 students with an “Admit Until Date” I-94 must submit an extension of stay application with their OPT application. 
  • F-1 students with a “D/S” I-94 and applying for OPT on or before March 18, 2027, will be exempt from applying for an extension of stay with their OPT application. Please read the Transition section also.
  • F-1 students with a “D/S” I-94 and applying for OPT after March 18, 2027, must submit an extension of stay application with their OPT application.

On-Campus Employment

F-1 students will be able to continue on-campus employment for 240 days as long as they timely file an extension of stay application before their I-20 program end date. 

The automatic extension of work authorization while an extension of stay application with USCIS is pending is limited to 240 days. If an F-1 student files the extension of stay application with USCIS during their 30-day grace period, they will NOT be eligible for the automatic extension of work authorization. In the case they file during the grace period, they can remain in the U.S.; however, they must wait for the extension of stay to be approved by USCIS to begin work again.

ESL Limit of 24 Months

The rule caps English language training students at a 24-month aggregate lifetime limit of studying ESL.

ISS believes this limit only applies to I-20s issued for “Language Training". ISS also believes this will only apply to students who are solely admitted to the Applied English Center. ISS does not believe students unconditionally admitted to a degree and taking courses at the AEC to obtain KU’s standard of full proficiency are subject to this limit. However, students may want to strive to finish the AEC in less than two years to be safe.

DHS clarified this is a 24-month aggregate lifetime limit on English as a Second Language (ESL) study. They also clarified "any programs completed prior to the effective date of the rule will not be counted towards the limits for English Language Training.” Therefore, only English Language Training after September 15, 2026, will count towards this lifetime limit.

This limit is 24-calendar months and the clock does not stop during vacation period.

Travel and Re-entry to U.S. after September 15, 2026

All F and J nonimmigrants who enter the U.S. on or after September 15, 2026, will receive an I-94 for a fixed period of stay with an “Admit Until Date” (AUD).  After nonimmigrants enter the U.S., electronic I-94 records can be retrieved from https://i94.cbp.dhs.gov/home

For F and J nonimmigrants who do NOT travel and still have “D/S” on their I-94, there will be transition rules for a D/S I-94 to be converted to a date specific I-94.

Please continue to read our Travel Information page for instructions on which documents you will need to re-enter the United States, and the various risk factors you will need to asses before traveling.

J Visiting Scholars & Employees

Upon entry to the U.S. for the past several decades, J exchange visitors have been admitted for "Duration of Status" (D/S). Beginning September 15, 2026, upon entry to the U.S. they will now be admitted for a fixed period of stay with a specific “Admit Until Date” (AUD), recorded on Form I-94. The “Admit Until Date” will be limited to the program end date noted on their Form DS-2019, not to exceed 4 years, plus a period of 30 days for departure.

Individuals who need time beyond their period of authorized stay for whatever reason (e.g., an extension of program, school transfers) would have to timely file a complete Form I-539 extension of stay application with USCIS before their current period of authorized stay expires, with fee, biometrics, and possible interview.

Please continue to read our Travel Information page for instructions on which documents you will need to re-enter the United States, and the various risk factors you will need to asses before traveling.

Dependents

The elimination of “Duration of Status” (“D/S”) will apply to all F-2 and J-2 dependents as well. The fixed period of stay for a dependent should never exceed the primary F-1/J-1’s fixed period of stay.  When applying for an extension of stay it is possible to include all dependents with the primary in a single application; however, there may be circumstances in which separate applications may be beneficial.

There are several factors that could influence the “Admit Until Date” (AUD) being different than the primary’s AUD. Please check the I-94 record every time the dependent enters the U.S. at https://i94.cbp.dhs.gov/home

Extension of Stay Applications for Dependents

Dependents can be included in the primary visa holder’s extension of stay application; however, all family members included in the application will get the same “Admit Until Date” and the government will use the earliest date for which all family members are eligible. For example, it may be worth having a dependent file separately if they will age out (turn 21) or have a passport expiring before the primary principal will finish their program. If the family files together and one child is turning 21 before their parent plans to finish their degree, all family members on the same application will have the same “Admit Until Date” (AUD) which will be the day before the child’s 21st birthday plus 30 days for a grace period.

If the whole family is applying together on a single extension of stay application, a supplemental I-539A form should be completed for each dependent included on the application. Right now, the supplemental I-539A form is not available online, so the paper application should be submitted.

If not included in a family unit application, each individual will need to file their own I-539 applications online with USCIS, pay separate fees, and attend separate biometrics appointments.

Currently online I-539s applications are $420 and paper I-539s are $470.

It may be best to consult an immigration attorney to determine if it is best to apply for extensions of stay together or separately.

Importance of Both I-94 & I-20/DS-2019

“Duration of Status” on the I-94 allowed one to remain in the U.S. without a specific end or departure date as long as they had a valid I-20/DS-2019 and were pursuing their program activities full time.  With a specific “Admit Until Date” (AUD) one must pay attention to both the I-20/DS-2019 program end date AND one’s I-94 end date. 

Form I-94

By law, all nonimmigrants are required to carry their I-94 at all times in the U.S.

An initial I-94 record is issued by U.S. Customs and Border Protection (CBP) as an official “arrival/departure” record for non-immigrants entering the United States. It proves legal admission to the U.S., confirms immigration status in the U.S., and determines the authorized period of stay in the U.S.

Upon entry to the U.S., one’s most recent I-94 admission record can be retrieved from this U.S. CBP website. Please select the “Get most recent I-94/I-95” button. Fill out the personal information and then print the record.  Each time an F or J nonimmigrant enters the U.S., they will receive a new, electronic I-94 admission record retrievable at the same website.

When an extension of stay application is approved by USCIS, an I-797A approval notice will be issued which will include an updated I-94 record. USCIS-issued I-94s will have “valid from” and “until” dates.  The “until” date will serve the same purpose as an “Admit Until Date” which determines the end of a fixed period of stay.  Note, when USCIS issues an I-94, ISS doesn’t think the CBP electronic I-94 record website will be updated (unless they make changes to their system). The CBP website currently shows the I-94 from the most recent entry to the U.S. The student/scholar will only have the I-797A approval notice with the updated I-94 record which supersedes the previous I-94.

Form I-20/DS-2019 

I-20s and DS-2019s are Certificates of Eligibility. They confirm the individual has been admitted to pursue a particular program with details about the program. It includes such details as location of the program, source of funding, the major area of study or research as well as beginning and anticipated end dates for the program.

I-94 vs I-20/DS-2019 Expiration Dates

The I-94 record with a specific “Admit Until Date” (AUD) will be more important than when it was “Duration of Status” (“D/S”).  With a fixed period of stay, both the I-94 “Admit Until Date” AND the I-20/DS-2019 program end should be monitored. 

Under the new rule, your I-94 record becomes one of your most important immigration documents.

Although the I-20 form (F-1 students) and DS-2019 form (J exchange visitors) continue to document your academic program or exchange visitor activity, your I-94 record now establishes how long you are authorized to remain in the U.S.

Because your I-94 record may expire before your I-20/DS-2019 form, students and scholars should review it carefully after every entry into the U.S. and monitor its expiration date throughout their stay.

The I-20/DS-2019 Program End Date indicates the date by which you will complete your program. If you need additional time to complete your program, you must request an I-20/DS-2019 extension recommendation from ISS prior to your current I-20/DS-2019 program end date.

Your I-94 “Admit Until Date” indicates the date your current period of authorized stay in the U.S. expires. If you need to stay longer in the U.S, you must submit an extension of stay application to the government before your current I-94 expires.

When both an I-20 extension recommendation AND an extension of stay application are needed: Timing matters. You must request an I-20 extension recommendation from ISS BEFORE your I-20 expires. You must request an extension of stay application from USCIS BEFORE your I-94 expires; however, it is highly recommended you ALSO submit your extension of stay application prior to your I-20 expiration to receive a 240-day automatic work authorization extension for on-campus employment. If the extension of stay application is submitted during the 30-day grace period after the I-20 expiration date, one can stay in the U.S. while the extension of stay application is pending, but they cannot work on campus until the extension is approved.

Accrual of Unlawful Presence

With a date specific I-94, Fs and Js will start accruing “unlawful presence” if they stay in the U.S. beyond their “Admit Until Date” (AUD) and don’t take any action to lawfully maintain their status.  Individuals who accrue unlawful presence may become subject to grounds of inadmissibility, which can restrict their eligibility to obtain a visa or reenter the United States for a period of time.

Unlawful presence will begin accruing the day after one’s “Admit Until Date” expires if the nonimmigrant remains in the U.S. without taking action to maintain status such as through an extension of stay application or a change of status application.

Extension of Stay Denial

If a nonimmigrant applies for an extension of stay and the application is denied, unlawful presence will start accruing the day after the denial if the previous I-94 has already expired.  Nonimmigrants with an extension denial are expected to depart the U.S. “immediately.”

Consequences of Accruing Unlawful Presence

  • Accruing more than 180 days but less than 1 year of unlawful presence triggers a 3-year bar of inadmissibility to the U.S.
  • Accruing 1 year of more of unlawful presence triggers a 10-year bar of inadmissibility to the U.S.

US Governmental Resources

Full Final DHS Rule Eliminating Duration of Status in the Federal Register

DHS Final Rule Quick Facts

DHS Elimination of D/S FAQ

Non-Governmental Resources

International Student Resource Center  FAQ and Review of Final Rule