The Department of Homeland Security has finalized a sweeping rule that changes how international students, exchange visitors, and representatives of foreign information media are admitted to and permitted to remain in the United States.
Although DHS announced the rule on July 16, 2026, the final regulation was officially published in the Federal Register on July 17, 2026, at 91 Federal Register 44976. Unless its implementation is delayed or altered, the rule will take effect on September 15, 2026. (Federal Register) eliminates the longstanding practice of admitting most F-1 students and J-1 exchange visitors for “duration of status,” commonly shown as D/S on Form I-94. Instead, affected individuals will generally receive a specific expiration date governing how long they may remain in the United States.
What Does “Duration of Status” Mean?
Under the current system, an F-1 student or J-1 exchange visitor admitted for D/S may generally remain in the United States as long as the individual:
Continues to pursue the authorized academic or exchange program;
Maintains a valid SEVIS record;
Complies with the requirements of the applicable immigration classification; and
Completes any properly authorized practical or academic training.
Because the Form I-94 ordinarily does not contain a specific expiration date, the student’s or exchange visitor’s authorized stay is tied primarily to the individual’s continued compliance with the program and SEVIS requirements.
Beginning September 15, 2026, most new admissions in F-1, F-2, J-1, and J-2 status will instead have a specific Admit Until Date on Form I-94. (International Students & Scholars) Admission Periods of Up to Four Years
Under the final rule, an F-1 student or J-1 exchange visitor will generally be admitted until the program end date listed on the individual’s Form I-20 or Form DS-2019, but for no more than four years during a single period of admission.
The four-year limitation is not necessarily a lifetime limit on studying or participating in an exchange program in the United States. A qualifying student or exchange visitor may obtain an additional period of authorized stay by:
Filing an Extension of Stay application with U.S. Citizenship and Immigration Services; or
Departing the United States and seeking a new period of admission upon return.
The Form I-94 expiration date will therefore become one of the individual’s most important immigration deadlines. Extending a Form I-20 or DS-2019 through the school or program sponsor will no longer, by itself, necessarily extend the individual’s authorized stay. (International Students & Scholars) Extension of Stay Applications
Students and exchange visitors who need additional time beyond their Form I-94 expiration date will generally have to file an Extension of Stay application with USCIS, ordinarily using Form I-539 or its successor form.
The filing may require:
A properly updated and endorsed Form I-20 or Form DS-2019;
Supporting evidence showing continued eligibility;
Payment of the required USCIS filing fee;
Biometrics, when required;
Evidence that the applicant has maintained lawful status; and
An explanation of why additional time is needed.
A timely filed application generally places the applicant in a period of authorized stay while USCIS makes a decision. Certain F-1 students engaged in authorized on-campus employment, Curricular Practical Training, or qualifying economic-hardship employment may receive limited continuation of employment authorization while a timely Extension of Stay application remains pending. (Federal Register) should not wait until the final days of their admission period to begin this process. The school must ordinarily make the necessary SEVIS recommendation and issue an updated immigration document before the USCIS filing can be completed.
The F-1 Departure Period Will Be Reduced
For students admitted under the new fixed-period system, the rule reduces the F-1 post-completion departure period from 60 days to 30 days.
After completing an academic program or authorized practical training, an affected F-1 student will generally have 30 days to:
Depart the United States;
File an eligible Extension of Stay application;
File an eligible application to change immigration status; or
Take another legally permissible step to maintain lawful status.
When a student completes a program earlier than the date listed on the Form I-20 and Form I-94, the 30-day period may begin from the actual program completion date rather than the later printed expiration date. (Federal Register)estrictions on Transfers, Majors, and Academic Progression
The final rule also imposes substantial restrictions on the ability of F-1 students to transfer schools or change educational objectives.
Undergraduate and Other Below-Graduate Programs
An F-1 student below the graduate level generally may not transfer schools or change a major or educational level during the first academic year at the school that issued the initial Form I-20.
SEVP may authorize an exception for qualifying extenuating circumstances, such as a school closure, a natural disaster, or certain other circumstances beyond the student’s control.
Graduate-Level Programs
F-1 students in graduate-level programs generally may not change their educational objective during the program.
Graduate students also generally may not transfer to another school during the program unless SEVP authorizes a transfer because of extenuating circumstances. The final regulation identifies an educational objective as including both the student’s academic level and major. (Federal Register)-Level or Lower-Level Programs
The rule generally prevents an F-1 student who completes a program at one educational level after September 15, 2026, from obtaining or maintaining F-1 status to pursue another program at the same or a lower educational level.
For example, a student who completes a bachelor’s degree after the rule takes effect may face restrictions on beginning a second bachelor’s degree or an associate degree in F-1 status.
This limitation applies prospectively. Programs completed before September 15, 2026, generally will not count against the new same-level or lower-level restriction. (Federal Register)Happens to Students Already in the United States?
F-1 and J-1 nonimmigrants who were admitted for D/S and are properly maintaining status on September 15, 2026, generally will not be required to file an immediate Extension of Stay application merely because the rule takes effect.
Under the transition provisions, they may generally remain until the later of:
The expiration date of an applicable Employment Authorization Document; or
The program end date listed on the Form I-20 or Form DS-2019 that is valid on September 15, 2026.
The transition period may not extend beyond four years from the effective date. The regulation therefore establishes an outside transition date of September 15, 2030, followed by the applicable departure period—60 days for qualifying F nonimmigrants and 30 days for qualifying J nonimmigrants. (Federal Register)students should nevertheless review their documents carefully. International travel after September 15, 2026, may result in CBP issuing a new Form I-94 with a fixed expiration date, even if the student previously had a D/S admission. (Federal Register)the Rule Eliminate OPT or STEM OPT?
No. The final rule does not eliminate Optional Practical Training or the STEM OPT extension.
However, students may need to coordinate an Extension of Stay request with an application for employment authorization when the requested OPT or STEM OPT period extends beyond the student’s authorized admission period.
The final rule contains special transition provisions for certain F-1 students with pending or timely filed employment authorization applications. Because these provisions are highly date-specific, students planning to apply for OPT or STEM OPT should obtain individualized guidance before filing or traveling. (International Students & Scholars)his Rule Is So Significant
This regulation creates a major change in the division of authority between schools and the federal government.
Designated school officials and program sponsors will continue to manage SEVIS records and issue Forms I-20 and DS-2019. However, USCIS and Customs and Border Protection will assume a much greater role in determining how long students and exchange visitors may remain in the United States.
The consequences of missing an expiration date may also become much more severe. Once an individual has a fixed expiration date, remaining beyond that date without a timely filing or another lawful basis to remain may result in a status violation and the accrual of unlawful presence.
Recommended Steps for Students and Exchange Visitors
F-1 students, J-1 exchange visitors, and their dependents should:
Download and review Form I-94 after every admission to the United States.
Compare the Form I-94 expiration date with the Form I-20, Form DS-2019, and any Employment Authorization Document.
Begin planning well in advance if a program, OPT period, STEM OPT period, or academic-training period may continue beyond the Form I-94 date.
Consult an immigration attorney before transferring schools, changing a major, changing an educational level, beginning another degree, or traveling internationally.
Maintain copies of all immigration documents, SEVIS records, USCIS receipts, approval notices, and employment authorization documents.
Never assume that an updated Form I-20 or Form DS-2019 automatically extends lawful status.
Final Takeaway
The elimination of duration of status is one of the most consequential changes to student and exchange visitor immigration regulations in decades.
The rule does not require every current F-1 or J-1 nonimmigrant to file an application immediately. It does, however, make careful attention to the Form I-94 expiration date essential and creates new federal filing obligations for many students and exchange visitors who need additional time.
Because the requirements vary based on a person’s admission date, travel history, SEVIS record, program dates, employment authorization, and future academic plans, affected individuals should obtain case-specific advice well before taking action.
This article provides general information and does not constitute legal advice. Immigration regulations, agency guidance, implementation procedures, and effective dates may change. Individuals should obtain advice based on their particular immigration history and circumstances.
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