The rule ending “duration of status” (D/S) is scheduled to take effect on September 15, 2026. The new policy has been classified as a major rule subject to congressional review. The effective date is currently September 15, but congressional review could change the start date or terminate the rule.

The Department of Homeland Security is eliminating the duration of status provision that allowed F-1 and J-1 visa holders to receive D/S, rather than a specific end date, on their I-94 entry record when entering the United States. D/S allowed students and scholars to stay until their program end date, as long as they maintained their status and filed for extensions with their school’s immigration advisors. 

Under the new rule, admission to the U.S. for F/J students and scholars now has a fixed expiration date: either the program end date or four years—whichever is shorter. Extensions will be processed through an application to U.S. Citizenship and Immigration Services (USCIS) or by leaving the U.S. and reentering with an I-20 or DS-2019 showing the extension of status.

Under the new rule, you can remain in the U.S. for up to four years, or until the end of your program or end date on your I-20/DS-2019 or work authorization document (EAD)—whichever date comes sooner. Many students and scholars may be affected in additional ways by the new policies. Please reach out to us if you have specific questions about your status.

We are currently in a transition period until the rule goes into effect on September 15.

In addition, people in the U.S. in F-1 status who are applying for post-completion OPT will have a six-month period after the effective date to submit OPT applications without also having to file an I-539 to extend their academic program. OPT applicants after the end of the six-month grace period will need to file I-539s.

If you are planning to transfer or change programs or need a program extension, acting before the rule takes effect may allow you to minimize the impact of the new requirements and fees. Talk with International Services as soon as possible.

F-1 students already in the U.S. when the rule takes effect keep the current 60-day F-1 grace period. F-1 students who enter the U.S. after the effective date will only receive a 30-day grace period. The J-1 grace period remains 30 days. 

To apply for an extension of your immigration status, start by working with International Services to apply for and receive an extended I-20 or DS-2019. Then you submit that signed form, along with a completed and signed Form I-539, to USCIS to request an extension of status. Find out more about the I-539, including filing fees. 

Another method is to take your extended I-20 or DS-2019 and leave the U.S. When you reenter, you must show the extended form and be approved for reentry by U.S. Customs and Border Protection (CBP).

When the rule goes into effect, specific cases should provide more clarity about how the two options are working in practice.

In some cases, yes. Be aware that reentry is not guaranteed. You must have a valid visa and be approved for reentry by CBP. Your home country must not be on the travel ban or restriction list.

Before the end of your program, you will need to apply to extend your status. Extensions will only be approved for the specific time needed to finish your program. PhD students may need to file multiple extension requests with USCIS over the course of their degree or travel and reenter more than once. 

Yes, you can work for up to 240 days, provided your I-539 was received by USCIS before your academic program end date listed on your I-20 or DS-2019. This applies to on-campus work and CPT.

People in dependent visa statuses (F-2 and J-2) will need to apply for extensions. Your dependents can be included in your I-539 extension filings and should not have to pay separate filing fees if their application accompanies yours. If you have an extended I-20 or DS-2019, travel and reentry to the U.S. may be an option. 

Your academic department, working with International Services, can help you determine if there are justifiable reasons for a program extension. These can include medical or academic reasons or delays in program completion due to a natural disaster. Be aware that USCIS may apply stricter standards and use its own discretion when determining whether a program extension is warranted.

If delays in program completion are shown to be due to poor academic performance, failing classes, or otherwise failing to make normal academic progress, USCIS can deny an extension request. If the person has exceeded the normally allowed time for an academic program, an extension also might be denied. 

Proof of sufficient financial resources for the additional time will also be required, and an application could be denied if funding is deemed insufficient. USCIS may also review cases for possible fraud issues and violations of required nonimmigrant intent (F and J visa holders must maintain the intention of returning to their home country).

If USCIS denies an extension application, inform International Services immediately. You may also choose to consult with an immigration attorney about options that might be available to you. 

When people receive a notice of denial, their lawful status in the U.S. ends, with no grace period. Remaining in the U.S. after an extension denial is a violation of immigration regulations that can lead to serious consequences due to unlawful presence.

The new rule significantly restricts these actions. Undergraduate students may not transfer between universities or change academic programs or degree levels within their first year of study, unless DHS’s Student and Exchange Visitor Program (SEVP) grants an exception for extenuating circumstances. We do not yet know if you are permitted to change colleges if you are continuing in the same major; more guidance will be forthcoming.

Graduate students are prohibited from changing programs or transferring to other schools at any point during their degree.

No. F and J students are only permitted to move to a higher degree level after completing a degree. Pursuing another degree at the same or lower level is not allowed, although the rule notes some ambiguity around how degree levels are defined.

Yes. Changing your academic level to a higher degree program will require applying for an extension of your status. 

If you are in the U.S. with D/S status and apply for F-1 OPT by March 18, 2027, you do not need to file an I-539 extension—just the standard I-765 work authorization application. 

If you apply after March 18, you will need to file both the I-765 and I-539 with USCIS, along with the associated fees. If you travel outside the U.S. and reenter after the rule's effective date, you will be required to file both the I-765 and I-539.

If you are in the U.S. with D/S status and apply for J-1 AT by March 18, 2027, you do not need to file for an extension. However, if you travel outside the U.S. and reenter after the rule's effective date, you will be required to file the I-539 to extend your status for the academic training period.