Duration of Status Final Rule
Final Rule on F-1/J-1 Duration of Status Published A final rule published by the Department of Homeland Security on July 17 eliminates "Duration of Status" for individuals in F/J status and implements new regulations governing F/J status. The final rule takes effect September 15, 2026.
Key changes include:
- Replaces Duration of Status (D/S) with a fixed end date on the I-94 for individuals in F or J status.
- Limits periods of stay to a maximum of four years, with the possibility of requesting an extension, and reduces the F-1 grace period from 60 days to 30 days, aligning it with the current J-1 grace period.
- Prevents undergraduate students from changing their major or transferring to another school during their first academic year by requiring them to complete one academic year at their initial institution first.
- Prohibits graduate students from changing programs at any point during their program of study and does not allow graduate students to pursue another program at the same or a lower educational level after completing one degree.
- Requires students and exchange visitors seeking additional time for program completion to file an extension of stay application with U.S. Citizenship and Immigration Services (USCIS), including the required form and fee, after receiving a new Form I-20 or DS-2019 from OIE.
- Provides a transition period for students/scholars in F/J status on the effective date of the new rule, provided they remain in the U.S.
Frequently Asked Questions.
Understanding the New Rule
Duration of Status (D/S) is a notation on the Form I-94 Arrival/Departure Record that nonimmigrant students and scholars in F-1 or J-1 status are given upon entry to the U.S. The D/S notation means that F-1 and J-1 students and scholars are permitted to remain in the U.S. for as long as they are engaged in their academic program or any authorized F-1 or J-1 employment immediately following their program completion.
With a D/S notation on the I-94 Arrival/Departure Record, students can complete a degree, begin a new degree, transfer to a new program, and apply for post-completion employment authorization without
needing to seek formal USCIS extension of their permission to remain in the U.S. before September 15, 2026.
The change to the D/S rule will give students and scholars a fixed date they are permitted to remain in the U.S. before they need to seek extended permission to stay. Under the new rule, many common procedures that students pursue as they complete an academic program (such as transfer to a new degree program or applying for post-completion employment authorization) will require students to also apply for an Extension of Stay to USCIS to remain in the U.S. and pay the associated filing fees.
F-1 students will be admitted for a fixed period of admission
F-1 students will no longer be admitted for Duration of Status (D/S). Beginning September 15, 2026, they will receive a fixed period of admission with a specific Admit Until Date (AUD).
There is a dual framework to implement the new rule.
- F-1 students in the U.S. before September 15, 2026 with D/S when the rule change goes into effect.
- F-1 students and J-1 exchange visitors who enter the U.S. after on or after September 15, 2026.
This means that student requirements may be different because the last date of entry to the U.S. and the I-94 AUD are important to determine eligibility to apply for F-1 student benefits, like change of major, transfer to another school, or employment authorization.
Yes, the AUD includes a 30-day grace period for both F and J students. The 30-day grace period begins the day after program completion.
F-1 students in their 30-day grace period may:
- Prepare to depart the U.S.
- Apply for a USCIS Extension of Stay
- Change of Education Level to a higher level of study
- Transfer to another U.S. institution
- Apply for a USCIS Change of Status
- Apply for OPT
J-1 students must act before their 30-day grace period begins to:
- Apply for a USCIS Extension of Stay
- Change Education Level to a higher level of study
- Transfer to another U.S. institution
- Apply for a USCIS Change of Status
- Apply for post-completion Academic Training
The 30-day grace period is not included in the maximum 4-year duration of lawful stay in the U.S.
Actions that are allowed during the F-1 30-day grace period:
- Prepare to depart the U.S.
- Apply for a USCIS Extension of Stay
- Change of Education Level to a higher level of study
- Transfer to another U.S. institution
- Apply for a USCIS Change of Status
- Apply for post-completion OPT
- Undergraduate students will be prohibited from changing their field of study/major within their first year.
- Graduate students will be prohibited from changing their field of study at any point during their program.
A change of education level is only possible upon completion of the current academic program of study on your I-20 or DS-2019. Students may only pursue a change of education level at a higher level of study than the degree they earned previously.
An F-1 student cannot be admitted or matriculate to a degree program at the same education level as a previously earned degree in F-1 status. For example, an F-1 student who earned a master’s degree cannot be admitted or matriculated to a second master’s degree program as an F-1 student.
- Undergraduate students cannot transfer their SEVIS record to another U.S. institution during their first year of study. A transfer may be allowed after the first year of study.
- Graduate students cannot transfer their SEVIS record to another U.S. institution before completing the degree requirements of the academic program for which the I-20 was issued.
Extension of Stay (EOS)
Program extensions are possible if the F-1 or J-1 student has an academic necessity to extend past the current I-20/DS-2019 end date. Students should review program extension eligibility requirements before speaking with an academic advisor or program advisor to discuss their academic plan. If more time is required to complete the program past the current I-20/DS-2019 end date, students may submit a Program Extension request to International Experiences
Before September 15, 2026, IE may review and approve eligible Program Extensions submitted. After that date, students requiring a program extension past their current I-20/DS-2019 end date will also need to submit an extension of stay application with USCIS.
According to the published rule, acceptable reasons for extending the AUD are limited to:
- Compelling academic reasons
- Documented medical illness
- Circumstances beyond the student’s control
Prior to September 15, 2026, a program extension is the process by which an ISS advisor extended an F or J student’s ability to remain in the U.S. This is requested in Terra Dotta.
On or after September 15, 2026, a program extension will change the I-20 or DS-2019 end date, but it will not extend the admit-until date (AUD) found on the I-94. Students will need to submit both a program extension request with ISS and an EOS application with U.S. Citizenship and Immigration Services (USCIS). The EOS can only be submitted after your approved program extension.
Understanding the Admit Until Date (AUD)
It depends:
- Students and Exchange Visitors traveling to the United States will receive an Admit Until Date (AUD) from United States Customs and Border Protection (CBP) at a United States port of entry. The AUD will be on the student’s Form I-94, “Arrival/Departure Record,” accessible from the Form I-94 website.
- Students and Exchange Visitors approved for an Extension of Stay (EOS) or change to F-1 status or J-1 status will receive an AUD from United States Citizenship and Immigration Services (USCIS). The AUD will be listed on the Form I-94 attached to the Form I-797A, “Notice of Action.”
Yes, the Admit Until Date (AUD) may be different from the Program End Date on the Form I-20 or Form DS-2019. Typically:
- For programs less than four years: The AUD is the Program End Date, plus 30 days for departure.
- For programs longer than four years: The AUD is four years from the Program Start Date, plus 30 days for departure.
- For students engaging in optional practical training: The AUD is the employment end date on the Employment Authorization Document, plus 30 days for departure.
Travel & Transition Period
Employment & Pending EOS Applications
If USCIS denies the extension of stay application, the F or J applicant will receive written notification of the denial. The denial decision cannot be appealed. Students, scholars, and any dependents must depart the U.S. according to their original AUD or immediately if that date has passed. There is no grace period to depart.
- If the I-94 admit date has already passed, the F or J nonimmigrant will begin to accrue days of unlawful presence if they remain in the U.S. after receiving a USCIS denial notice.
- If the I-94 is still valid, submitting a new USCIS extension of stay application may be an option.
Depending on the student or scholar’s circumstances, travel to apply for a new visa to re-enter the U.S. may also be an option.