DHS Final Rule Ending Duration of Status
Effective Date: September 15, 2026
On July 17, 2026, the U.S. Department of Homeland Security (DHS) published a Final Rule replacing the long-standing Duration of Status (D/S) framework with a fixed period of admission for F-1 students, J-1 exchange visitors, and I representatives of foreign information media.
The rule is scheduled to take effect on September 15, 2026. Until then, the current D/S regulations remain in effect. Please note that this rule has been designated as a major rule under the Congressional Review Act and remains subject to congressional review.
ISSS is reviewing the new regulations and will continue to update this page as additional guidance becomes available from DHS, USCIS, CBP, and SEVP.
Elimination of Duration of Status Links
What You Need to Know
No immediate action is required for most current F-1 students and J-1 students and scholars. ISSS will provide guidance if action is needed.
The new rule takes effect on September 15, 2026. Until then, current D/S regulations remain in effect.
Most current F-1 students and J-1 students and scholars who remain in the United States through September 15, 2026 will generally remain under the transition provisions and will notneed to obtain a new I-94 solely because the rule takes effect.
Beginning September 15, 2026, individuals admitted to the United States in F-1 and J-1 status will generally receive the Form I-94 with a specific admit until date (AUD) instead of D/S.
F-1 students and J-1 students and scholars who need additional time beyond their authorized stay will need to apply for an Extension of Stay (EOS) before their admission expires.
The standard grace period for F-1 students will be reduced from 60 days to 30 days.
International travel after September 15, 2026, may affect how the new rule applies because CBP will generally issue a new Form I-94 with a specific admit until date at the time of admission to the United States.
Current Students and Scholars
If you were admitted to the United States in F-1 or J-1 status for Duration of Status (D/S), remain in valid status, and do not depart the United States before September 15, 2026, you will generally continue under your current D/S admission and will not automatically receive a Form I-94 with a specific admit until date when the new rule takes effect.
You do not need to obtain a new Form I-94 solely because the new rule takes effect.
However, if you travel outside the United States and are readmitted on or after September 15, 2026, CBP will generally issue a new Form I-94 with a specific admit until date under the new admission rules.
Students are encouraged to return in time for the start of the term: September 1, 2026.
Dependents
F-2 and J-2 dependents may not remain in the United States longer than the principal F-1 student or J-1 exchange visitor, even if a dependent’s Form I-94 displays a later expiration date.
Dependents may need to file an EOS application with the principal applicant. If the principal’s EOS application is denied, the related dependent applications will generally also be denied.
Extension of Stay (EOS)
Students and exchange visitors who need additional time beyond their authorized period of admission will generally need to apply to U.S. Citizenship and Immigration Services (USCIS) for an Extension of Stay (EOS) using Form I-539.
An EOS application may be filed up to 180 days before the current period of admission expires. Students and scholars are encouraged to begin the process well in advance and should not wait until the final weeks before their admission expires.
A timely filed EOS generally allows the applicant to:
remain in a period of authorized stay while the application is pending; and
continue the authorized academic program or exchange activity while USCIS reviews the application.
Certain categories of employment if otherwise eligible may continue for up to 240 days, provided the EOS application was timely filed and all applicable eligibility requirements are met.
When Can an EOS Be Approved?
For F-1 students, USCIS may approve an Extension of Stay when additional time is needed because of:
a compelling academic reason;
a compelling medical reason; or
circumstances beyond the student’s control.
Examples may include unexpected research delays, serious medical conditions, institutional or administrative delays, or other unforeseen circumstances supported by appropriate documentation.
Needing additional time to complete a program does not, by itself, guarantee approval. Delays resulting from academic probation, suspension, repeated failure to complete required coursework, or a pattern of unwillingness or inability to make normal progress will generally not support an extension.
ISSS may provide supporting information and issue an updated Form I-20, but USCIS makes the final decision on the EOS application.
For J-1 exchange visitors, an Extension of Stay may be approved when additional time is needed to complete the objectives of the approved exchange visitor program and the individual continues to meet the requirements of J-1 status.
ISSS may provide guidance throughout the EOS process and, when appropriate, supporting documentation. However, USCIS makes the final decision on the EOS application.
If an EOS Is Denied
There is no grace period or safe harbor following the denial of an Extension of Stay application.
If USCIS denies an EOS application after the prior authorized admission period has expired, the student or scholar—and any dependent family members—may be required to stop employment or other authorized activities and depart the United States immediately.
There is no administrative appeal from the denial of Form I-539. A Motion to Reopen or Motion to Reconsider may be available, but filing a motion does not automatically extend authorized stay or permit the individual to remain in the United States while the motion is pending.
Because an EOS denial may have serious immigration consequences, students and scholars should begin the extension process early and submit complete supporting documentation.
Considerations
Limitations on Academic Flow and Educational Mobility
Beginning September 15th, 2026 new restrictions and limits on F-1 students’ academic mobility and flexibility will go into effect, limiting some F-1 students’ ability to transfer their SEVIS record or change their major of study.
Grace Period
The post-completion grace period for F-1 students will be reduced from 60 days to 30 days.
During the grace period, eligible individuals may prepare to depart the United States, complete an eligible transfer or program transition, apply for post-completion OPT, or make another timely immigration filing.
Employment is generally not permitted during the grace period unless otherwise authorized under immigration regulations. The grace period may end earlier if the individual departs the United States.
Travel and Reentry
Students and scholars who travel outside the United States and seek readmission on or after September 15, 2026, will generally receive a new, date-specific Form I-94 from U.S. Customs and Border Protection (CBP).
For individuals covered by the transitional period, international travel may end the D/S transition because the individual will be evaluated for a new period of admission upon return.
Travel and readmission may sometimes provide an alternative to filing an EOS with USCIS. However, readmission is not guaranteed. CBP will make a new admissibility determination at the port of entry.
Before traveling, students and scholars should review:
passport and visa validity;
the Form I-20 or DS-2019 and required travel endorsement;
the status of any pending immigration application;
eligibility to return to the United States; and
how travel may affect the current period of admission or transitional protection.
Students and scholars with a pending EOS application should consult ISSS before departing the United States because international travel may affect the application.