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Updated July 23, 2026

DHS Final Rule on F and J "Duration of Status"

Overview

On July 17, 2026, the Department of Homeland Security (DHS) published a final rule ending Duration of Status (D/S) for F and J nonimmigrants, including students, exchange visitors, scholars, and individuals on OPT or STEM OPT. The rule takes effect on September 15, 2026.

Under the new rule, F and J nonimmigrants will be admitted to the United States for a fixed period of stay, based on the program end date listed on their Form I-20 or DS-2019 (generally up to four years), rather than for D/S.  Individuals who need additional time beyond their authorized stay may need to apply to U.S. Citizenship and Immigration Services (USCIS) for an extension or travel and seek readmission. This rule also applies to F-2 and J-2 dependents.

The rule also introduces new restrictions and requirements, including changes related to program extensions, transfers, changes of major, and changes in educational level.

Resources

What is Duration of Status?

Duration of Status (D/S) is the admission period used for F and J nonimmigrants who enter the U.S. by September 14, 2026. Instead of being admitted until a specific expiration date, individuals admitted for D/S may remain in the United States as long as they maintain their status and continue their approved academic, training, or exchange program.

Under the new rule, Admit Until Date (AUD) will be given to F and J nonimmigrants who enter the U.S. on or after September 15, 2026. 

Summary of Key Changes

For both F-1 Students and J-1 Exchange Visitors

  • Beginning September 15, 2026, F-1 and J-1 nonimmigrants will no longer be admitted for Duration of Status (D/S).
  • Instead, they will be admitted until the program end date listed on their Form I-20 or DS-2019, generally up to four years, plus:
    • 30 days before the program start date for arrival, and
    • 30 days after program completion for departure.
  • Students in English language training programs are limited to 24 months, plus a 30-day departure period.
  • Students and scholars who need additional time beyond their authorized stay may need to apply for an Extension of Stay (EOS) with U.S. Citizenship and Immigration Services (USCIS)
  • An EOS may be required to:
    • Complete a program (beyond the fixed period of stay), 
    • Begin a new program,
    • Participate in post-completion OPT/STEM OPT (F-1), or Academic Training (J-1), or
    • Continue J-1 program activities beyond the authorized stay.
  • Some individuals may also choose to travel abroad and seek readmission to the U.S. to receive a new period of admission.

 

For F-1 Students Only

  • The current 60-day grace period for F-1 students after program completion will be reduced to 30 days.
  • This change also applies to F-2 dependents.

Undergraduate Students

  • Cannot change majors during the first academic year unless SEVP approves an exception for extenuating circumstances.
  • Cannot transfer to another school during the first academic year unless SEVP approves an exception.

Graduate Students

  • Cannot change majors or education levels during their program of study.
  • Cannot transfer to another school during their program unless SEVP approves an exception for extenuating circumstances. 
  • After completing a program, F-1 students generally may not begin a new program at the same or lower education level.
  • DHS has stated that this restriction applies only to programs completed on or after the rule's effective date.

Transition Period

When transitioning from duration of status (D/S) to a fixed period of admission, F and J nonimmigrants in the U.S. should follow a certain transition plan: 

Selected
In U.S. by Sept. 14, 2026
Travel On/After Sept. 15, 2026
OPT/STEM OPT Transition
H-1B Cap-Gap Students

F-1 Student

  • If you are in F-1 status in the United States when the rule takes effect, you may generally remain until the program end date on your current Form I-20 or the end date of your approved OPT/STEM OPT (plus a 60-day grace period) without filing an Extension of Stay (EOS), up to November 14, 2030, as long as you remain in the U.S.
  • If you need additional time beyond that date, you must either apply for an EOS or travel and seek readmission.
  • However, F-1 students will be subject to the academic mobility restrictions (such as changing majors and transfers) after the September 15, 2026, effective date. 

J-1 Exchange Visitor

If you are in J-1 status in the United States when the rule takes effect, you may generally remain until the program end date on your current DS-2019 (plus a 30-day grace period) or the end date of your approved post-completion Academic Training without filing an Extension of Stay (EOS), up to November 14, 2030, as long as you remain in the U.S.

If you depart and re-enter the United States on or after September 15, 2026, you may be readmitted with a new fixed period of admission based on the program end date listed on your Form I-20/DS-2019, generally up to four years, plus a 30-day grace period (for both F and J nonimmigrants).

  1. For current F-1 students admitted for D/S who are present in the U.S. 60 days when the final rule takes effect on Sept. 15, 2026, and who timely filed for post-completion OPT or STEM OPT by March 18, 2027 (6 months from the effective date): 
    • These students DO NOT need to file a separate application for an Extension of Status (EOS).
  2. For F-1 students who travel before filing for post-completion OPT or STEM OPT and are re-admitted to the U.S. with a fixed period of admission:
    • These students must file both an EOS application and an application for post-completion OPT or STEM OPT (I-765).

For F-1 students who are beneficiaries of a timely filed cap-subject H-1B petition and who are eligible for a “cap-gap” extension:

These students do not need to apply for an EOS and may remain in the United States in F-1 status until the approval of the H-1B petition or April 1 of the fiscal year for which H-1 B status is being requested, whichever comes first.

 

 

FAQ

ISSS is continuing to review the final rule and related agency guidance. Additional FAQs will be posted as new information becomes available. Please check back regularly for updates