DHS Final Rule Ending Duration of Status

Last Updated: July 27, 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.

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).

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.

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.

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, 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.”

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.

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 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.

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.

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. 

ESL Limit of 24 Months

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

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.

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. 

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.

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