Information about Changes to Duration of Status
On Friday, July 17, 2026, the Department of Homeland Security (DHS) published its Final Rule, “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.”
What is Duration of Status?
When an F or J international student, exchange visitor, or dependent arrives in the United States, they must present their immigration documents to a Department of Homeland Security (DHS) Customs and Border Protection (CBP) officer at the port of entry. The CBP officer reviews the individual’s documents, determines eligibility for entry, and issues an I‑94 record to confirm their admission.
CBP issues the I‑94 for F and J visa holders with the notation “duration of status” (D/S). Unlike most other nonimmigrant categories, which receive an I‑94 with a specific expiration date, D/S allows F students and J exchange visitors to remain in the United States as long as they maintain valid immigration documents (the Form I‑20 or DS‑2019) and continue making normal progress toward their academic or research objectives, including authorized practical training.
Transition From Duration of Status (D/S) to Fixed Admission Periods
• If You Enter the U.S. on or After September 15, 2026
You will receive an I‑94 with a fixed Admit Until Date (AUD) instead of D/S. Your AUD will match the length of your academic or exchange program, up to a maximum of four years.
If you need more time beyond that date, you must request an Extension of Stay (EOS) through USCIS.
• If You Are Already in the U.S. on September 15, 2026
You will keep D/S, but only for a limited period.
Your stay will be allowed until the end date on your current I‑20 or DS‑2019, OR four years from September 15, 2026 — whichever comes first.
This applies only if you remain in the U.S. continuously.
• If You Travel After September 15, 2026
If you leave the U.S. and return after the effective date, you will no longer keep D/S. Your next entry will be admitted with a fixed AUD, and any future extensions must be filed with USCIS.
Grace Period
Beginning September 15, 2026, the U.S. government will shorten the grace period for most F and J admissions. A grace period is the amount of time you may remain in the United States after completing your program.
• If You Are in the U.S. on September 15, 2026
You will keep the 60‑day grace period that currently applies to F‑1 students (and the 30‑day grace period for J‑1 exchange visitors). This longer grace period remains available as long as you do not depart the United States after the rule takes effect.
• If You Enter the U.S. on or After September 15, 2026
All new admissions in F‑1 or J‑1 status will receive a 30‑day grace period at the end of the program. This applies to students, exchange visitors, and dependents.
• If You Travel After the Effective Date
If you leave the U.S. and return after September 15, 2026, even if you previously held D/S, you will be admitted under the new rule. This means your grace period will be 30 days, not 60 days.
Extension of Stay
Beginning September 15, 2026, students who need additional time to finish their academic program will have two main options for extending their stay in the United States. Each option has different requirements and important limitations.
Students and Exchange Visitors should consult with an immigration attorney before selecting an extension option.
1. USCIS Extension of Stay (Form I‑539)
Timely Filed Extensions
A timely filed Extension of Stay (EOS) means submitting Form I‑539 before your current program end date listed on your I‑20 or DS‑2019.
Key points students should know:
• OGE-Immigration Services will provide more guidance on this process when it is provided by DHS.
• USCIS charges a filing fee for Form I‑539. Fees may change, so check the USCIS website for the most current amount.
• If you file the I‑539 on time, you may continue certain types of employment for up to 240 days while USCIS processes your case. This includes:
• On‑campus employment
• Curricular Practical Training (CPT)
• Pre‑completion OPT
• Stricter USCIS Review USCIS reviews extension requests more strictly than DSOs/ROs. They may require biometrics and can deny cases that do not meet federal standards.
2. Departing the U.S. and Re‑Entering With an Extended I‑20 or DS‑2019
Some students may choose to travel and re‑enter the United States instead of filing an I‑539.
How this option works:
• OGE-Immigration Services will provide more guidance on this process when it is provided by DHS.
• Departure from the United States is necessary.
• Upon return to the U.S., CBP will issue a new Admit Until Date (AUD) based on the updated I-94.
Important caution: Travel may impact previously filed EOS applications.
Program Changes, Transfers, and Moving Between Degree Levels
Beginning September 15, 2026, new federal rules will limit when F‑1 students can change programs, transfer schools, or move between degree levels. These changes affect undergraduate and graduate students differently and introduce new restrictions on repeating degree levels.
Undergraduate Students
Limits During the First Academic Year
Undergraduates admitted on or after September 15, 2026, cannot transfer schools or change academic programs during their first academic year, with limited exemptions.
Graduate Students
No Transfers or Program Changes Before Degree Completion
Graduate students admitted under the new rule cannot transfer to another school or change academic programs at any point before finishing their degree. This applies to master’s, doctoral, and professional programs.
Progressing to a New Degree Level
Only Higher Degree Levels Allowed
After completing your current degree, you may only move to a higher degree level (for example, bachelor’s → master’s → PhD). You cannot start:
- Another degree at the same level, or
- A lower‑level degree after finishing a higher one.
Simultaneous Degree Programs Possibility
Dual‑degree programs may still be allowed if both programs begin at the same time and are part of a single academic plan.
Transition Window for OPT Applications
September 15, 2026 → March 14, 2027
A special six‑month transition period will apply to F‑1 students who are already in the United States with Duration of Status (D/S) on September 15, 2026. During this window, some students may continue to file for OPT using only Form I‑765, while others will need both Form I‑765 and Form I‑539.
If You Are in the U.S. With D/S on September 15, 2026
OPT Filed Within the First 6 Months (by March 14, 2027)
You may apply for OPT using Form I‑765 only. No Extension of Stay (I‑539) is required during this transition period.
OPT Filed After March 14, 2027
You must submit both:
• Form I‑765 (OPT application)
• Form I‑539 (Extension of Stay)
This applies even if you have not traveled and still hold D/S.
Travel Removes the Six‑Month Exemption
If you travel outside the United States after September 15, 2026, you will be admitted with a fixed Admit Until Date (AUD) instead of D/S.
Once you re‑enter:
- You lose the six‑month transition benefit, and
- You must file both Form I‑765 and Form I‑539 for OPT, even if you return before March 14, 2027.
J Exchange Visitor Updates Under the New Rule
Beginning September 15, 2026, several changes will affect how J Exchange Visitors maintain status, request extensions, and report required updates. Some temporary protections will apply for individuals who currently hold Duration of Status (D/S).
Temporary Reprieve for Certain J‑1 Exchange Visitors
If your D/S admission expires shortly after the new rule takes effect, you may receive a temporary reprieve. This means you may continue your J‑1 program activities for a short period while you prepare to file an Extension of Stay (EOS) or make other required updates.
This reprieve is designed to prevent sudden interruptions for J‑1 students, researchers, and scholars whose D/S would otherwise end immediately after September 15, 2026.
Continuing Program Activities While an EOS Is Pending
If you file your Extension of Stay (EOS) within six months of the rule’s effective date, you may continue your J‑1 program activities while USCIS processes your case.
-
Research
-
Teaching
-
Academic training
-
Other authorized program activities
Filing within the six‑month window is essential to maintain this benefit.
Updated Reporting Requirements: Name and Address Changes
You must report any change to your legal name or U.S. residential address within 10 calendar days.