Elimination of “Duration of Status” (D/S) Final Rule

Important: The Final Rule ends the policy known as “Duration of Status (D/S)” for individuals in F (F-1/F-2), J (J-1/J-2), and I (International Media) nonimmigrant statuses. The information below is specific to individuals in F status only.

Disclaimer: The information and updates provided on this website reflect our best current understanding of the new regulations and are provided for general informational and educational purposes only. This information is subject to change as we receive additional information. We will continually update this website to reflect forthcoming guidance from various agencies on both the interpretation and implementation of the regulations. Information on this webpage does not constitute legal advice. We request that any individuals with immigration related questions regarding the new regulations contact CGE directly at globaleducation@bates.edu

Overview

On Friday, July 17, 2026, the U.S. Department of Homeland Security (DHS) published a Final Rule indicating its intent to end the duration of status (D/S) policy for nonimmigrants in F status. The implementation date of the Final Rule is September 15, 2026.

The Student and Exchange Visitor Program’s (SEVP) Study in the States website has addressed FAQs for the final rule for F-1 students. This information can be found on their website.

The Final Rule does not change the maximum program length for most F-1 students. Students continue to be eligible to be admitted to and pursue their programs of study at Bates. F-1 students will continue to be issued Forms I-20 valid for the expected length of their program unless official guidance changes. 

What will change is how F-1 students are admitted into the U.S., the initial period of stay granted to an F visa holder, and the procedure for extension of stay if required in order to complete their program of study. Other academic restrictions will also be imposed on F-1 students, and are addressed below.

The current D/S policy has allowed nonimmigrant students to remain in the U.S. for the full duration of their program of study, without having to travel or submit an application to USCIS to extend their F program if additional time is needed to complete it.

There are still many unknowns as to how the new rule will be implemented. The Center for Global Education is focused on this policy and its potential impact, and will continue to provide support and guidance. Below are key highlights of the rule. This information constitutes our best interpretation at this time. CGE will provide regular updates as DHS, USCIS, DOS, SEVP, and other agencies issue verifiable implementation guidance.

Summary of Major Changes impacting International Students in F Visa Status

*Fixed Period of Admission

  • F-1 students admitted to the U.S. on or after September 15, 2026 will be admitted for a fixed period tied to the program dates listed on Form I-20, not to exceed four years, plus a 30-day grace period.
  • Current students admitted with D/S can remain in the U.S. through the end date of their I-20, not to extend beyond 4 years past the rule effective date of September 15, 2026. They will not receive a new I-94 with an “Admit Until Date” (AUD) unless they travel and re-enter or file an extension of stay (Form I-539) and receive an I-797A approval notice which will have a new I-94 with a fixed AUD attached on the bottom of the form.

*Extensions of Stay for Students in F Status

  • Starting September 15, 2026, all students who need additional time beyond the fixed admission period must apply to USCIS for an extension of stay. 
  • The extension must be recommended by a Designated School Official (DSO) before the Form I-20 end date and the extension of stay petition (Form I-539) must be received by USCIS before the student’s admission period expires. If the Form I-539 is filed in a timely manner, the student may remain in the United States in a period of authorized stay while the extension of stay petition is pending, until USCIS issues a decision.
  • USCIS may require biometrics and, in some cases, an interview. USCIS has not yet provided information on how these requirements will be administered. We will update this section with additional information once it is available.

*Grace period:

  • The grace period after program completion is shortened to 30 days (from the current 60 days). Upon entry to the U.S. after September 15, the I-94 should reflect the new grace period.

*Change of Educational Level for F Students

  • No F-1 student (graduate or undergraduate) can begin a new program at the same or a lower educational level after completing the program for which they were originally admitted.  

*Transfers and change of program:

  • Undergraduate students cannot transfer institutions, change educational level, or change major(s) or minor(s) until they have completed one academic year of study. Changes to major(s) or minor(s), including adding a double major or removing a double major, can be done after the first year of study.
  • Graduate students cannot transfer institutions, change educational level, or change program(s) of study at any time during their academic program.

*OPT/STEM OPT:

  • Students applying for post-completion OPT or STEM OPT on or after March 18, 2027 must apply for an extension of stay (Form I-539) through USCIS in addition to filing the employment authorization application (Form I-765). The timing and process of filing both applications are unknown at this time. We will update as additional information is available.
  • Transition Provision: Students applying for post-completion OPT or STEM OPT before March 18, 2027 do not need to apply for an extension of stay (Form I-539) when they apply for employment authorization (Form I-765).

Note: The transition provision no longer applies to students who travel and reenter the U.S. on or after September 15, 2026.

General Questions

You may find the text of the DHS final regulatory change here.

Additional information and an FAQ may be found on DHS Study in the States.

No. The new rule doesn’t limit our ability to admit students in any way.

No. The new rule does not create a four-year limit on F-1 immigration status.

Instead, four years is the maximum length of a single period of admission. Students may remain in F-1 status beyond four years if they continue to satisfy the applicable immigration requirements and apply for and obtain additional periods of authorized stay as and when necessary.

Students participating in OPT or STEM OPT may also remain beyond their academic program when they continue to qualify for those benefits and apply for and obtain an additional period of authorized stay.

The new rule changes how additional time is requested and obtained, not whether additional time is available.

Yes, the rule applies to all F-1 students.

Students who enter the U.S. on or after September 15, 2026, will receive a fixed period of admission with an “Admit Until Date” (AUD) shown on their Form I-94.

Students who were admitted in F status before September 15, 2026, for D/S, are covered by special transition provisions established in the regulation. This does not mean the new rule does not apply. Current students admitted with D/S can remain in the U.S. through the end date of their I-20, not to extend beyond 4 years past the rule effective date of September 15, 2026. They will not receive a new I-94 with an AUD unless they travel and re-enter or file an extension of stay (EOS) and receive an I-797A approval notice which will have a new I-94 with a fixed AUD attached on the bottom of the form.

Maybe. The AUD may be different from the program end date on the Form I-20:

  • For individuals with programs longer than four years who are admitted under D/S: The AUD should be four years from September 15, 2026 plus the grace period.
  • For individuals with programs longer than four years who enter on or after September 15, 2026: The AUD should be four years from the program start date, plus a 30-day grace period.
  • For students engaging in approved OPT or STEM OPT: The AUD should be the employment end date on the Employment Authorization Document, plus a 30-day grace period.

It depends:

  • Students traveling to the United States will receive an AUD from CBP at a U.S. 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 approved for an EOS or change to F-1 status within the U.S. (Form I-539) will receive an AUD from USCIS. The AUD will be listed on the Form I-94 attached to the Form I-797A, “Notice of Action.” 

If you complete your degree within the period authorized on your Form I-94, you may never need to apply for an additional period of authorized stay while pursuing your undergraduate degree. However, if you later participate in OPT, require additional semesters to complete your program, begin a new program of study at a higher level of education, or otherwise remain in the United States beyond your AUD, you will need another period of authorized stay through either travel and readmission or an approved EOS.

It depends. There are restrictions on when and the types of students that can change their major.

F-1 students enrolled in programs at the undergraduate level cannot change their major during their first year of study.

If you are graduating in December 2026 or May 2027, and eligible to apply for OPT, there are additional factors to consider now, depending on timing. In the transition provisions, a student whose application for OPT is received by USCIS before March 18, 2027, does not need to also apply for an EOS. However, this transition provision no longer applies if you travel and reenter the U.S. on or after September 15, 2026.

Because post-completion employment often extends beyond a student’s initial period of admission, many students will eventually need another lawful period of authorized stay. Whether an EOS is required depends on factors including when the student entered the U.S., whether the transition provisions apply, the timing of any international travel, and the expiration of the student’s current period of admission.

If you are currently on OPT and eligible to apply for STEM OPT, there are additional factors to consider now, depending on timing. In the transition provisions, a student whose application for STEM OPT is received by USCIS before March 18, 2027, does not need to also apply for an EOS. However, this transition provision no longer applies if you travel and reenter the U.S. on or after September 15, 2026.

Yes, current international students can continue to travel, and if they return before Sept. 15, 2026, will be admitted in D/S. However, as of Sept. 15, 2026, upon returning to the United States, these students will be admitted with a new fixed period of admission, which is the program end date on their Form I-20, up to a maximum of four years (plus a 30-day grace period). Students who have plans to travel outside the U.S. and re-enter on or after September 15, 2026 should contact the DSO at globaleducation@bates.edu before travel.

**Students who are eligible and plan to apply for OPT before March 18, 2027, should check in with the DSO before traveling outside the U.S.

Yes, current international students can continue to travel. However, as of Sept. 15, 2026, upon returning to the United States, these students will be admitted with a new fixed period of admission, which is the program end date on their Form I-20, up to a maximum of four years (plus a 30-day grace period). Students who have plans to travel outside the U.S. and re-enter on or after September 15, 2026 should contact the DSO at globaleducation@bates.edu before travel.

**Students who are eligible and plan to apply for OPT before March 18, 2027, should check in with the DSO before traveling outside the U.S.

An Extension of Stay (EOS) is a request submitted online or by paper with Form I-539 to USCIS to extend your authorized period of admission without leaving the United States.

F-1 applicants can request an EOS by filing Form I-539, together with the required supporting documentation and filing fee (currently $420 for online filing; $470 for paper filing).

If approved, USCIS will issue a new Form I-94 (as part of the I-797 Notice of Action) with a new AUD, allowing you to remain in the U.S. for the approved period (including a 30-day grace period).

You may receive a Request for Evidence (RFE) for your EOS application while it is pending. If you receive a RFE from USCIS in response to your EOS application, please contact the DSO in the Center for Global Education globaleducation@bates.edu right away.

If your EOS application is denied, you must leave the U.S. immediately. You are not given a grace period and will begin accruing lawful presence right away. If your EOS application is denied, please contact the DSO right away.

No. An EOS extends your authorized stay, not your underlying academic program. Before filing an EOS application, students must first obtain any necessary extension of their Form I-20 from the DSO.

Many students will complete their academic programs before their AUD expires.

However, an EOS may become necessary when:

  • you require additional time to complete degree requirements;
  • your OPT, STEM OPT continues beyond your current authorized stay; or
  • another circumstance arises for which you would need additional time in F immigration status.

If you have plans to travel outside of the U.S. and have (or will apply for) a valid F visa, you may be eligible to request an extended period of stay from CBP. Students must travel with their updated I-20 , a recommendation from the DSO that they receive additional time, and proof that the additional time is required.

This documentation makes an individual eligible to request entry to the U.S. It does not guarantee entry. The decision to allow entry to students is solely that of CBP. All current travel risks remain.

Whether travel or an EOS is preferable depends on the individual’s circumstances. 

After every international trip, students should promptly retrieve and review their new Form I-94 from the CBP website.

Always verify that:

  • your immigration classification is correct (F-1);
  • your AUD is consistent with your expected period of admission + 30 day grace period;
  • your name and passport information are correct; and
  • there are no obvious admission errors.
    If you believe your Form I-94 contains an error, contact the DSO as soon as possible. Errors are often easier to correct immediately after entry than weeks or months later.

If you will re-enter the U.S. on or after September 15, 2026, contact the DSO at globaleducation@bates.edu before your return.

If you have questions or concerns, contact the Center for Global Education at globaleducation@bates.edu. We will continue to communicate updates as DHS and USCIS release further details.