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Cornell University

International Services

Office of Global Learning

Rule Ending D/S: Current Analysis

  • For Everyone

The Department of Homeland Security (DHS) has published a rule that ends "duration of status" (D/S) for F and J nonimmigrants, effective September 15.

Jump to: Major Policy Changes and Provisions | Extension of Status | Transition Period | Congressional Review

Major Policy Changes and Provisions

Replacing D/S with a Fixed Admission Period

Instead of being admitted for the duration of their time as a student or scholar—what was known as "duration of status" or D/S—individuals entering the U.S. in F or J status (including F-2/J-2 dependents) on or after September 15, 2026, will be admitted for a defined period of stay. 

They may stay only until the official program end date noted on their Form I-20 or DS-2019 or completion of their degree program, plus a 30-day grace period. The end of this fixed admission period is their “admit until date” or AUD.

Programs Longer than Four Years

Some programs—like BArch, PhD, and F-1 OPT/OPT STEM extension—go beyond four years by design. In these cases, individuals will need to petition before the program end date for an extension that will go through a federal review process. 

Petitions can be made to the U.S. Citizenship and Immigration Services (USCIS) while in the U.S. (I-539 extension of status petition) or through travel out of the country and reentry with a new program end date. See Extension of Status​ for more details. Deciding when and how to petition depends on individual factors and should be done in close consultation with advisors in International Services. 

Fixed Admission Examples

F-1 Undergraduate with Four-Year Academic Program

U.S. Customs and Border Protection (CBP) admits this Cornell student to the United States in F-1 status for the full four years, plus 30 days. Later the student needs one or more additional semesters to complete her program, so she has to apply for an extension of status. She starts the process as soon as she realizes she needs more time. She receives an extended I-20 from International Services and then files an extension of status application with USCIS (Form I-539) and pays a fee to extend her status for the additional time needed to complete her program. 

F-1 Graduate Student with Shorter Degree Program

The master's degree program period on an incoming F-1 student's I-20 is 1.5 years. CBP admits him for the duration of the program, plus 30 days. At Cornell, the student decides he wants to extend his program or change to a doctoral program. He applies for and receives an extension and/or change of level I-20 from International Services. He considers filing Form I-539, but decides to take advantage of an upcoming international trip. He takes his extended I-20 and reenters the U.S. with a new admit until date from CBP.

J-1s with Programs Longer than Four Years

Two incoming Cornell J-1s meet in line at CBP. One is a J-1 scholar with Form DS-2019 showing a five-year exchange program at Cornell. The other is a J-1 student with a DS-2019 showing a PhD program expected to last six years. CBP admits both for four years, because of the four-year maximum period of admission. Later they’ll need to get updated DS-2019s from International Services and petition for an extension of status for the additional time needed to complete their programs. They may apply using Form I-539 or through international travel and reentry with a new program end date.

Transfers and Changes of Objective or Level

  • Undergraduate students will be locked into their initial institution (the school that issued their I-20) and program for one academic year, unless DHS’s Student and Exchange Visitor Program (SEVP) grants an exception for extenuating circumstances.
  • Graduate students will be completely barred from transferring or changing programs or educational objectives, unless SEVP authorizes an exception for extenuating circumstances.

Extension of status will be required for many transfers. Undergraduates transferring to a new school will need to file an extension of status application using Form I-539 if the new academic program runs beyond their current admit until date. They will not need to extend their status if they can complete the new academic program by their current admit until date.

Failure to secure extension approval with the transfer will leave the student out of status.

Lateral and reverse matriculation are not permitted. F-1 students who have completed a program at one educational level may not pursue another program at the same or lower educational level. DHS indicates limited exceptions, and future guidance may apply to certain educational or licensing pathways.

F-1 Grace Period Reduced to 30 Days

The F-1 grace period will change from the current 60 days to 30 days for those admitted to the U.S. on or after September 15. 

The shortened F-1 grace period impacts those filing for OPT, as the 60-day grace period allowed for a later OPT start date. OPT petitions will now require a proposed start date within 30 days of the F-1 program end date. 

Extension of Status

New Petitioning Process

Individuals seeking an extension of status will begin by requesting a recommendation for extension from International Services. If approved, International Services will provide an updated I-20 or DS-2019 showing the extended program end date.

Then the individual may secure the extension of status by: 

  1. applying to USCIS using Form I-539, or
  2. through international travel and reentry, receiving a new admit until date from CBP.

When the rule goes into effect, specific cases across the country should provide more clarity about how the two options described in the rule and its preamble are working in practice—so that individuals can make informed decisions for themselves, working with International Services advisors. We will expand our guidance as more information becomes available.

Extending with Form I-539

F and J visa holders applying from within the United States will use Form I-539 to apply to extend or change their status. Learn more about the I-539, including filing fees. 

At Cornell, individuals will work with International Services to apply for and receive an extended I-20 or DS-2019. Then they will submit that signed form, along with a completed and signed Form I-539, to USCIS to request an extension of status. 

Be aware that USCIS may apply restrictive standards when reviewing I-539 petitions for extension of status. Acceptable justifications for extensions of students’ academic programs include compelling academic reasons, documented medical conditions, or circumstances beyond the student’s control. Repeated inability or unwillingness to complete a program will generally not be an acceptable basis for extension.

  • Continued study while the application is pending: Students ​​who file a timely extension of status application before their program end date may continue pursuing a full course of study while the application is pending with USCIS.
  • Timely filing and work authorization: Filing during the grace period may preserve F-1 or J-1 status but may not preserve employment authorization. To be eligible for employment continuation benefits, USCIS generally must receive the application before the current program end date.
  • Biometrics and security vetting: Applicants may be required to provide biometrics, appear for an interview, and undergo additional background and security screening as part of the application process. If biometric evidence is required, the closest USCIS biometrics facility to the Ithaca campus is in Syracuse; the closest facility to Cornell Tech is in New York City.

Extending by Travel and Reentry

According to the rule’s lengthy preamble, F and J visa holders also have the option to extend their status through international travel and reentry. 

Be aware that reentry is not guaranteed. Individuals must have a valid visa and be approved for reentry by CBP. Individuals whose home countries are on the travel ban or restriction list, or who are subject to other entry limitations, must not attempt this method of extending status.

At Cornell, individuals pursuing this option will work with International Services to apply for and receive an extended or updated I-20 or DS-2019. Then they will take the I-20 or DS-2019 and leave the United States. When they reenter, they must show the extended or updated form and be approved for reentry by CBP. If entry is approved, CBP provides a new admit until date.

Extensions for Dependents

Under the new rule, people in dependent visa statuses (F-2 and J-2) will require extensions at the same time as the principal (F-1 or J-1). Dependents generally receive the same admission period as the principal, so they will need to obtain an extension of status at the same time as the F-1 or J-1 to remain beyond the admit until date. 

F-1 or J-1 individuals will need to include their dependents in their I-539 extension filings but should not have to pay separate filing fees if they are part of the same application. Denial of the principal applicant’s extension of status will result in denial of dependent extensions.

Employment and Extensions

On-Campus Work and F-1 CPT

On-campus and F-1 CPT employment may continue for up to 240 days while an extension of status application is pending. To benefit from this automatic 240 days, F and J visa holders must submit their I-539 to USCIS before the academic program end date listed on their I-20 or DS-2019. 

If USCIS receives the I-539 during the 30-day grace period but after the end date, the person seeking the extension will not be able to continue on-campus work or CPT while the application is pending—even if the application is ultimately approvable.

F-1 OPT and J-1 AT

Under the new rule, students applying for F-1 OPT, OPT STEM, and J-1 Academic Training (AT) will need to file an I-539 application to extend their status to cover the period of requested OPT or AT. This provision will go into effect on March 19, 2027. See Transition Period for more information.

People in the U.S. applying for post-completion OPT will have a six-month period after the rule’s effective date to submit OPT applications without an I-539. Those applying by March 18, 2027, may submit just the standard I-765 work authorization application. Those applying after this date will need to file both I-765 and I-539 with USCIS. 

Transition Period for Current Students and Scholars

F and J nonimmigrants who are in the United States for duration of status on September 15, 2026, may remain in the U.S. in F or J nonimmigrant status until:

  • the program end date noted on their I-20 or DS-2019, or
  • the expiration date on their employment authorization document (EAD) for F-1 students on OPT/OPT STEM and F-2 dependents.

After this date, eligible F visa holders will receive a 60-day grace period. The J-1 grace period will remain 30 days. The total time cannot exceed four years from September 15, 2026, plus the grace period. 

Current students and scholars who need additional time to complete their academic or exchange visitor program, F-1 OPT, or J-1 AT must seek an extension of status. Anyone who wants to start a new program must also seek an extension of status.

Special Provisions for F-1 OPT, OPT STEM, and J-1 AT

Pending OPT Applications

Applicants for F-1 OPT or OPT STEM whose I-765s are pending with USCIS on September 15 will be able to remain in the U.S. for up to six months without having to file an extension of status petition.

  • If USCIS approves OPT: The student will remain in F-1 status until the expiration date of the OPT EAD, plus a 60-day grace period.
  • If USCIS denies OPT: If the I-20 program end date has not yet passed, the student may remain in the U.S. until the end date, plus 60 days. If the program end date and 60-day grace period have passed by the time USCIS denies the I-765, the student must immediately depart the U.S. with no additional grace period.

New OPT and AT Applications: Six-Month I-539 Grace Period

Applicants for F-1 OPT, OPT STEM, and J-1 AT may be eligible for an I-539 grace period that extends through March 18, 2027. This six-month transition period will exempt F-1 and J-1 students who are in the U.S. in D/S on September 15, 2026, from the new requirement of filing Form I-539 to cover requested periods of OPT or AT—if they remain in the country.

Be aware that students who travel internationally and reenter the U.S. before applying for OPT or AT become ineligible for the six-month I-539 filing exception. When approved for reentry, they will receive an admit until date with a fixed period of admission. F-1 students who travel outside the U.S. and reenter after the rule's effective date will be required to file both Form I-765 (employment authorization) and Form I-539 (extension of status) with USCIS. 

OPT and STEM OPT applications submitted by March 18 and eligible for the I-539 grace period will be handled as follows:

  • If USCIS approves OPT: The student will be authorized to remain in F-1 status until the expiration date of the OPT EAD, plus a 60-day grace period.
  • If USCIS denies OPT: Assuming they continue to pursue a full course of study and otherwise meet the requirements for F-1 status:
    • Applicants denied post-completion F-1 OPT may remain in the U.S. only until the program end date listed on the Form I-20 that was valid on the effective date of the final rule, plus 60 days.
    • Applicants denied F-1 OPT STEM may remain in the United States only until the end date of their post-completion OPT EAD, plus 60 days.
    • Remaining in the U.S. beyond this time is a violation of immigration regulations that can lead to serious consequences due to unlawful presence.

Next Up: FAQ on Rule Ending D/S