DHS Final Rule: Elimination of Duration of Status (D/S)
Last Updated: July 22, 2026On July 17, 2026, the U.S. Department of Homeland Security (DHS) published a final rule that changes how F-1 students and J-1 exchange visitors are admitted to and maintain their status in the United States. The rule takes effect on September 15, 2026.
What Is Changing?
For many years, F-1 and J-1 students and scholars were admitted to the United States for Duration of Status (D/S), meaning they could generally remain in the U.S. as long as they continued to follow the requirements of their immigration status.
Under the new rule, most individuals will instead receive an "Admit Until Date" (AUD) on their Form I-94. If you need additional time beyond that date, you will need to file an Extension of Stay application with U.S. Citizenship and Immigration Services (USCIS). This represents one of the most significant changes to F-1 and J-1 immigration regulations in many years.
Additionally, for F-1 students, the standard 60-day grace period to depart the U.S. after completing your program is being reduced to 30 days for those entering after the rule takes effect. The rule also imposes strict new limits on your ability to change majors, transfer schools, or pursue additional degrees at the same or lower academic level.
Visa and Immigration Services (VIS) is reviewing the final rule and official DHS guidance. This page summarizes the most important changes and what they may mean for you.
Who Is Affected?
This rule affects all new and continuing:
-
- F-1 Students and their F-2 dependents.
- J-1 Exchange Visitors (including Students, Professors, and Research Scholars) and their J-2 dependents.
This rule applies not only to new students and scholars entering the U.S. after September 15, 2026, but also to current F-1 students and J-1 exchange visitors already in the United States. However, the impact of the rule may vary depending on your individual situation.
What You Should Do Now
It is important to understand that this rule is comprehensive and changes many long-standing policies, so please follow the information below:
1. Understand of How This Rule Affects You
Below is a detailed breakdown of the rule, and how it affects you based on your visa type. Review the information thoroughly and carefully. As more information becomes available from the Department of Homeland Security, we will update the information accordingly.
2. Attend Our Webinar!
Understanding the New F-1 & J-1 Rules: What Students & Scholars Need to Know
VIS will host a webinar explaining the final rule and how it may affect F-1 students, J-1 students, and J-1 scholars.
Date: Monday, August 3, 2026
Time: 9:30 a.m.
Registration: Registration link coming soon
3. Plan Ahead & Speak to VIS
- Review the program end date on your current I-20 or DS-2019.
- Contact VIS immediately if you think you will need more time to complete your degree.
- Review your most recent Form I-94 record.
- You can access your I-94 through CBP Website by selecting 'Get Most Recent I-94'.
- If you were planning on doing any of the following in the near future, before you
do, speak to VIS to understand how the new rule will affect you:
-
- travel internationally,
- extend your academic program,
- apply for OPT or STEM OPT,
- apply for Academic Training,
- transfer schools,
- begin another degree
-
DHS Final Rule Explained
Your Form I-94 Will No Longer Show "D/S"
Under the new DHS Final Rule, F-1 students will no longer be admitted to the United States for Duration of Status (D/S).
Instead, when you enter the United States, you will receive a Form I-94 with a specific Admit Until Date (AUD). In most cases, your AUD will match the program end date on your Form I-20, but it cannot be more than four years from the date you are admitted.
If you need more time to complete your academic program after your I-94 expires, you must extend your authorized stay before your current I-94 expires.
What this means: Your Form I-94 expiration date becomes one of the most important dates you must monitor while studying in the United States.
Examples of the New Four-Year Admission Period
Example 1: New Student in a Four-Year Bachelor's Program
Scenario: You begin a Bachelor's degree program on September 1, 2027. Your Form I-20 end date
is August 31, 2031.
Result: CBP would generally admit you until September 30, 2031 (your program end date plus
the 30-day grace period).
Example 2: New Student in a Two-Year Master's Program
Scenario: You begin a Master's degree program on September 1, 2027. Your Form I-20 end date
is August 31, 2029.
Result: CBP would generally admit you until September 30, 2029 (your program end date plus
the 30-day grace period). Your admission period would be based on your program end
date, not the full four-year limit.
Example 3: Current F-1 Student in the United States
Scenario: You are already studying in the United States on September 15, 2026, when the new
rule takes effect. Your current Form I-20 end date is May 20, 2028.
Result: Your F-1 status will expire on July 19, 2028 if you remain in the U.S. throughout
that time. You are not issued a new Form I-94. If you depart the U.S. before July
19, 2028, you will be issued a new I-94 upon admission with a shorter grace period
(Admit Until Date: June 19, 2028).
Example 4: Program Longer Than Four Years
Scenario: Your Form I-20 shows a program end date more than four years after your admission
to the United States.
Result: Your Form I-94 would expire before your Form I-20 end date. You would need to request
an extension of your stay through USCIS before your Form I-94 expires.
Remember: Your Form I-20 end date and your Form I-94 expiration date may be different under the new rule. Always check your Form I-94 expiration date and take action before it expires.
Extending Your Stay
If your Form I-94 will expire before you complete your degree program, you must extend your authorized stay.
There are generally two ways to do this.
Option 1: Apply for an Extension of Stay with USCIS
You may apply to extend your stay by filing Form I-539 with U.S. Citizenship and Immigration Services (USCIS).
Before applying, you must have an updated Form I-20 showing your new program end date (if your program has been extended). USCIS currently charges a filing fee of $420 for online applications or $470 for paper applications.
If your application is approved, USCIS will issue an approval notice with a new Admit Until Date (AUD).
Important: USCIS will only approve the amount of additional time needed to complete your degree (the end date listed on your I-20). You will not automatically receive another four years.
Option 2: Travel and Re-Enter the United States
Instead of filing Form I-539, you may choose to leave the United States and return using your updated Form I-20. If admitted by U.S. Customs and Border Protection (CBP), you will receive a new Form I-94 with a new Admit Until Date.
To use this option, you generally must:
- Have a valid F-1 visa (unless exempt)
- Be admissible to the United States
- Not be affected by any travel restrictions or entry bans in effect at the time you return
How USCIS Decides Extension Requests
Under the current regulations, Visa and Immigration Services (VIS), together with your academic department, determines whether you have a valid reason to extend your Form I-20. Under the DHS Final Rule, USCIS, not VIS, will make the final decision on whether to approve an Extension of Stay application.
Reasons USCIS May Approve an Extension
USCIS may approve an extension if you need additional time to complete your degree because of circumstances beyond your control, such as:
- Your degree program normally takes more than 4 years to complete (your original Form I-20 was issued for a program longer than 4 years)
- A documented medical or mental health condition
- Isolated or temporary academic difficulties while making normal academic progress
- A natural disaster or other circumstance beyond your control
Each application is reviewed individually, and approval is not guaranteed.
Reasons USCIS May Deny an Extension
USCIS may deny an extension if it determines that:
- You have not been making normal academic progress.
- Your program was delayed because of poor academic performance or failing courses.
- You have exceeded the normal time needed to complete your degree.
- You cannot show sufficient financial support for the additional period of study.
- There are concerns about fraud or that you no longer meet the requirements for F-1 status.
- USCIS believes you do not meet the requirements for F-1 nonimmigrant status, including maintaining nonimmigrant intent (the intension of returning to your home country).
Important: An updated Form I-20 supports your application, but it does not guarantee USCIS will approve your Extension of Stay. The final decision is made by USCIS.
If you choose to extend your stay by traveling and re-entering the United States, you should be prepared to present to U.S. Customs and Border Protection (CBP) the same documentation and evidence supporting your need for additional time to complete your degree. Admission to the United States and the issuance of a new Form I-94 are always at the discretion of CBP.
Continue Working While Your Form I-539 Is Pending
If USCIS receives your Form I-539 before authorized period of admission (as indicated by the Admit Until Date on your I-94) expires (not including your grace period) you may continue working or remain eligible for certain employment authorizations for up to 240 days while your application is pending.
This applies to:
- On-campus employment
- Curricular Practical Training (CPT) – You must still meet all CPT eligibility requirements and receive CPT authorization through accessVIS before you begin working. Filing Form I-539 does not automatically authorize CPT.
- Off-campus employment based on severe economic hardship – You must continue to meet all eligibility requirements and receive USCIS approval before beginning employment.
If you file an Extension of Stay within your 30-day grace period, you may not begin or continue employment (e.g., on-campus employment, off campus employment, CPT).
OPT & STEM OPT
The rule does not change the eligibility requirements for Post-Completion OPT and/or 24-month STEM OPT Extension, but will likely change the application process. When you apply for OPT or STEM OPT, you will have to pay close attention to your I-94 expiration date. Since your authorized period of stay will only be granted until your degree completion, when applying for OPT or STEM OPT, you will likely need to file both an I-765 application for work authorization and an I-539 application for extension of stay simultaneously with USCIS.
A filing of an I-765 application, or obtaining an Employment Authorization Document (EAD) does not, by itself, extend your authorized period of stay.
Exception:
Students applying for Post-Completion OPT or STEM OPT during the first six months after September 15, 2026, will not be required to file a separate Extension of Stay
application with USCIS.
To qualify, your I-765 application must be filed within six months (by March 18, 2027) after the rule's effective date and remain in the U.S. after September 15, 2026, until your work authorization application is approved by USCIS.
Academic Changes
The new rule changes what academic changes are allowed while remaining in F-1 status. In general, if you want to remain in the United States after completing your current degree, your next program must be at a higher degree level.
Higher Degree Levels
If you want to begin a higher degree program (for example, a Bachelor's to a Master's degree or a Master's to a Ph.D.), you can no longer simply receive a new Form I-20.
Before starting the new program, you must either:
- Apply for an extension of stay by filing Form I-539 with USCIS, or
- Leave the United States and re-enter using your new Form I-20.
Additional Academic Restrictions
The rule also places new limits on certain academic changes.
| Moving to a Lower Degree Level |
If you complete an academic program on or after September 15, 2026, you cannot begin a new program at a lower degree level. Examples:
This restriction does not apply to programs you completed before September 15, 2026. |
| Starting Another Program at the Same Degree Level |
If you complete an F-1 program on or after September 15, 2026, you generally cannot begin another program at the same degree level. Examples:
Undergraduates ONLY: If you have not yet completed your current program, you can change to another program at the same educational level or transfer to another school
after completion of one academic year. |
| Undergraduate Students: First-Year Restrictions |
Undergraduate (or lower degree level) F-1 students cannot transfer to another school or change your major or degree level during your first academic year of your program (Fall/Spring or Spring/Fall semesters), unless SEVP provides an exception (i.e school closure, natural disaster, etc.). |
| Graduate Students: Transfer and Program Change Restrictions |
Graduate (Masters/PhD) F-1 students cannot change your academic program or degree objective at any point during your current program of study. You also cannot transfer to another U.S. school while completing your graduate program, unless SEVP provides an exception (i.e school closure, natural disaster, etc.). |
Grace Period
For students admitted under the new rule, the grace period after completing your academic program or authorized practical training will be reduced from 60 days to 30 days.
During this grace period, you may prepare to leave the United States, transfer schools (if eligible), or take other actions permitted under F-1 regulations.
Transition Provisions
If you are already in the United States when the rule takes effect on September 15, 2026, special transition provisions apply.
If you remain in the United States continuously
You generally do not need to apply immediately for a new Form I-94.
You may continue under the current rules until the earlier of:
- the program end date on your current Form I-20, or
- September 14, 2030
If you remain continuously in the United States and do not depart before completing your program (or authorized employment), you will also keep the current 60-day grace period.
If you need to remain in the U.S. under F-1 status after your current I-20 program end date or September 14, 2030 (whichever is earlier), you will need to apply for an extension of stay with USCIS and meet their eligibility requirements.
OPT Exception
Students applying for Post-Completion OPT or STEM OPT during the first six months after September 15, 2026, will not be required to file a separate Extension of Stay application with USCIS.
To qualify, your I-765 application must be filed within six months (by March 18, 2027) after the rule's effective date and remain in the U.S. after September 15, 2026, until your work authorization application is approved by USCIS.
English Language Training (ESL) Programs
If you are studying in an English language training (ESL) program, you may remain in F-1 status for a maximum of 24 months in English language training.
The 24-month limit is a lifetime maximum and includes all time you spend in F-1 English language training programs, including scheduled school breaks and vacations. It does not include the 30-day grace period after you complete your program.
After you complete your English language training, you must either:
- Begin a new higher degree program if you are eligible to continue your studies (which requires a I-539 application to USCIS), or
- Leave the United States before your grace period ends.
Example: If you spend 18 months in one F-1 English language training program and later enroll in another F-1 English language training program, you would generally have only 6 months of remaining eligibility, for a total lifetime limit of 24 months.
Your Form I-94 Will No Longer Show "D/S"
Under the new DHS Final Rule, J-1 exchange visitors will no longer be admitted to the United States for Duration of Status (D/S).
Instead, when you enter the United States, you will receive a Form I-94 with a specific Admit Until Date (AUD). In most cases, your AUD will match the program end date on your Form DS-2019, but it cannot be more than four years from the date you are admitted.
If you need more time to complete your exchange visitor program after your I-94 expires, you must extend your authorized stay before your current I-94 expires.
What this means: Your Form I-94 expiration date becomes one of the most important dates you must monitor while you are in the United States in J-1 status.
Examples of the New Four-Year Admission Period
Example 1: New Exchange Visitor
Scenario: You begin your J-1 exchange visitor program on September 1, 2027. Your Form DS-2019 end date is August 31, 2031.
Result: CBP would generally admit you until September 30, 2031 (your program end date plus
the 30-day grace period).
Example 2: Shorter Exchange Visitor Program
Scenario: You begin your J-1 exchange visitor program on September 1, 2027. Your Form DS-2019 end date is August 31, 2029.
Result: CBP would generally admit you until September 30, 2029 (your program end date plus
the 30-day grace period). Your admission period would be based on your program end
date, not the full four-year limit.
Example 3: Current J-1 Exchange Visitor in the United States
Scenario: You are already participating in your J-1 program in the United States on September
15, 2026, when the new rule takes effect. Your current Form DS-2019 end date is May 20, 2028.
Result: Your J-1 status will expire on July 19, 2028 if you remain in the U.S. throughout
that time. You will not be issued a new Form I-94. If you depart the U.S. before July
19, 2028, you will receive a new Form I-94 upon reentry with a shorter grace period
(Admit Until Date: June 19, 2028).
Example 4: Program Longer Than Four Years
Scenario: Your Form DS-2019 shows a program end date more than four years after your admission to the United
States.
Result: Your Form I-94 would expire before your Form DS-2019 end date. You would need to request an extension of your stay through USCIS before
your Form I-94 expires.
Remember: Under the new rule, your Form DS-2019 end date and your Form I-94 expiration date may be different. Always check your Form I-94 expiration date and take action before it expires.
Extending Your Stay
If your Form I-94 will expire before you complete your J-1 exchange visitor program, you must extend your authorized stay.
There are generally two ways to do this.
Option 1: Apply for an Extension of Stay with USCIS
You may apply to extend your stay by filing Form I-539 with U.S. Citizenship and Immigration Services (USCIS).
Before applying, you must have an updated Form DS-2019 showing your new program end date (if your program has been extended). USCIS currently charges a filing fee of $420 for online applications or $470 for paper applications.
If your application is approved, USCIS will issue an approval notice with a new Admit Until Date (AUD).
Important: USCIS will only approve the amount of additional time needed to complete your exchange visitor program (the end date listed on your Form DS-2019). You will not automatically receive another four years.
Option 2: Travel and Re-Enter the United States
Instead of filing Form I-539, you may choose to leave the United States and return using your updated Form DS-2019. If admitted by U.S. Customs and Border Protection (CBP), you will receive a new Form I-94 with a new Admit Until Date.
To use this option, you generally must:
- Have a valid J-1 visa (unless exempt).
- Be admissible to the United States.
- Not be affected by any travel restrictions or entry bans in effect at the time you return.
How USCIS Decides Extension Requests
Under the current regulations, Visa and Immigration Services (VIS), together with your program sponsor, determines whether you have a valid reason to extend your Form DS-2019. Under the DHS Final Rule, USCIS, not VIS, will make the final decision on whether to approve an Extension of Stay application.
Reasons USCIS May Approve an Extension
USCIS may approve an extension if you need additional time to complete your exchange visitor program because of circumstances beyond your control, such as:
- Your degree program normally takes more than 4 years to complete (your original Form I-20 was issued for a program longer than 4 years)
- A documented medical or mental health condition
- Isolated or temporary academic difficulties while making normal academic progress
- A natural disaster or other circumstance beyond your control
Each application is reviewed individually, and approval is not guaranteed.
Reasons USCIS May Deny an Extension
USCIS may deny an extension if it determines that:
- You have not been making normal progress in your exchange visitor program.
- Your program was delayed because you did not successfully meet your program requirements.
- You have exceeded the normal time needed to complete your exchange visitor program.
- You cannot show sufficient financial support for the additional period of your program.
- There are concerns about fraud or that you no longer meet the requirements for J-1 status.
- USCIS believes you do not meet the requirements for J-1 nonimmigrant status, including maintaining nonimmigrant intent (the intention to return to your home country).
Important: An updated Form DS-2019 supports your application, but it does not guarantee USCIS will approve your Extension of Stay. The final decision is made by USCIS.
If you choose to extend your stay by traveling and re-entering the United States, you should be prepared to present to U.S. Customs and Border Protection (CBP) the same documentation and evidence supporting your need for additional time to complete your exchange visitor program. Admission to the United States and the issuance of a new Form I-94 are always at the discretion of CBP.
Continue Working While Your Form I-539 Is Pending
If USCIS receives your Form I-539 before authorized period of admission (as indicated by the Admit Until Date) expires (not including your grace period) you may continue working or remain eligible for certain employment authorizations for up to 240 days while your application is pending.
This applies to:
- On-campus employment
If you file an Extension of Stay within your 30-day grace period, you may not begin or continue employment (e.g., on-campus employment).
Academic Training
The rule does not change the eligibility requirements for Post-Completion Academic Training, but will likely change the application process. When you apply for Post-Completion Academic Training, you will have to pay close attention to your I-94 expiration date. Since your authorized period of stay will only be granted until your degree completion, when applying for Post-Completion Academic Training, you will also need to file an I-539 application for extension with USCIS to extend your authorized period of stay.
A new DS-2019 with approved Post-Completion Academic Training, by itself, does not extend your authorized period of stay.
Grace Period
The grace period for J-1 exchange visitors does not change and remains at 30 days.
During this grace period, you may prepare to leave the United States, transfer schools (if eligible), or take other actions permitted under J-1 regulations.
Transition Provisions
If you are already in the United States when the rule takes effect on September 15, 2026, special transition provisions apply.
If you remain in the United States continuously
You generally do not need to apply immediately for a new Form I-94.
You may continue under the current rules until the earlier of:
- the program end date on your current Form DS-2019, or
- September 14, 2030
If you need to remain in the U.S. under J-1 status after your current DS-2019 program end date or September 14, 2030 (whichever is earlier), you will need to apply for an extension of stay with USCIS and meet their eligibility requirements.
Your Form I-94 Will No Longer Show "D/S"
Under the new DHS Final Rule, J-1 exchange visitors will no longer be admitted to the United States for Duration of Status (D/S).
Instead, when you enter the United States, you will receive a Form I-94 with a specific Admit Until Date (AUD).
For J-1 Research Scholars and Professors, your Admit Until Date will generally match the end date on your Form DS-2019, plus the 30-day grace period, but it cannot exceed four years from the date you are admitted.
If you need to remain in the United States beyond your I-94 expiration date, you must obtain additional authorization before your current I-94 expires.
What this means: Your Form I-94 expiration date becomes one of the most important dates you must monitor while participating in your exchange visitor program.
Examples of the New Four-Year Admission Period
Example 1: New J-1 Research Scholar with a Three-Year Appointment
Scenario: You begin your research program on September 1, 2027, with a DS-2019 ending August
31, 2030.
Result: CBP would generally admit you until September 30, 2030 (your program end date plus
the 30-day grace period).
Example 2: New J-1 Research Scholar with a Five-Year Program
Scenario: Your DS-2019 reflects a five-year research appointment beginning September 1, 2027.
Result: Your Form I-94 would generally expire four years after admission, before your DS-2019
end date. To remain in the United States for the fifth year, you must obtain additional
authorization before your I-94 expires.
Remember: Your DS-2019 end date and your Form I-94 expiration date may no longer be the same. Always verify your Form I-94 after every entry into the United States and monitor its expiration date carefully.
Extending Your Stay
If your Form I-94 will expire before your exchange visitor program ends, you must obtain authorization to remain in the United States before your current I-94 expires.
There are generally two ways to do this.
Option 1: Apply for an Extension of Stay with USCIS
You may apply to extend your stay by filing Form I-539 with U.S. Citizenship and Immigration Services (USCIS).
Before filing, you must have an updated Form DS-2019 extending your exchange visitor program.
If your application is approved, USCIS will issue a new approval notice with a new Admit Until Date.
Important: USCIS generally approves only the additional time needed to complete your authorized exchange visitor program. Approval is discretionary and is not automatic.
Option 2: Travel and Re-enter the United States
Instead of filing Form I-539, you may choose to depart the United States and return using your updated Form DS-2019.
If admitted by U.S. Customs and Border Protection (CBP), you will receive a new Form I-94 with a new Admit Until Date.
To use this option, you generally must:
-
- Have a valid J-1 visa (unless exempt)
- Have a valid DS-2019
- Be admissible to the United States
- Not be subject to any travel restrictions or entry bans in effect at the time of re-entry
Admission is always at the discretion of CBP.
How USCIS Decides Extension Requests
Under the current regulations, Visa and Immigration Services (VIS) determines whether your exchange visitor program may be extended by issuing an updated DS-2019.
Under the DHS Final Rule, USCIS, not VIS, will make the final decision on whether to approve an Extension of Stay application filed through Form I-539.
An updated DS-2019 supports your application but does not guarantee approval.
USCIS May Consider
USCIS will review each request individually and may consider factors such as:
-
- Whether you continue to meet the requirements of J-1 status
- Whether your extension request is supported by your exchange visitor program sponsor
- Whether you have maintained your immigration status
- Whether you have sufficient financial support for the requested extension
- Any concerns regarding fraud, misrepresentation, or admissibility
If you choose to extend your stay through international travel instead of filing Form I-539, you should also be prepared to present documentation supporting your continued eligibility for J-1 status when seeking admission.
Transition Provisions
If you are already in the United States when the rule takes effect on September 15, 2026, special transition provisions apply.
If you remain continuously in the United States, you generally will not need to obtain a new Form I-94 immediately.
Your current admission will generally remain valid until the earlier of:
-
- The end date on your current Form DS-2019, or
- September 14, 2030
If you remain continuously in the United States without international travel, you will also retain the current transition provisions applicable to your admission.