The Department of Homeland Security (DHS) published a final rule on July 17, 2026 that makes the biggest shift in F-1 student and J-1 Exchange Visitor policy in decades. The rule replaces “duration of status (D/S)” with fixed end dates on admission and adds significant new academic restrictions. 

The new rule is set to take effect on September 15, 2026, but this date could change due to needed technology updates, court challenges, etc.  

DHS cites oversight, fraud prevention, and national security as core reasons. The agency points to pay-to-stay schemes, sham schools, over 10,000 potential OPT fraud cases, and unusually long enrollments as motivating factors. Opposition was significant—about 22,000 comments raised concerns about enrollment declines, administrative burden, harms to research and STEM fields, and U.S. competitiveness for global talent, as well as legal objections.

Change from “Duration of Status” to a Fixed End Date

Each time a foreign national enters the United States they are issued a Form I-94 Arrival/Departure Record.  The I-94 controls the status in which the holder is admitted, e.g. F-1, F-2, H-1B, etc.) and the Admit Until Date – this is the date by which the holder must either depart the United States or file an Extension of Stay with USCIS. 

Historically, F-1 and J-1 visa holders, and their dependents, were issued Forms I-94 with their Admit Until Date listed as D/S or Duration of Status.  The D/S entry essentially linked the I-94 Admit Until Date to the program end date on the F-1/J-1 visa holder's Form I-20 or DS-2019. 

Under the new rule, F-1/2 and J-1/2 admissions will now be stamped with a fixed “Admit Until Date” instead of the open-ended D/S notation. With a fixed Admit Until Date, F-1/2 and J-1/2 visa holder  must either timely depart the U.S. and seek readmission, or timely file an Extension of Stay with USCIS.

How Long You Are Admitted

Under the new rule, your I-94 Admit Until Date will be tied to your program information:

1.      Initial admission is for the program length on your Form I-20, up to a maximum of four years.

2.      You may arrive up to 30 days before your program start date and must depart within 30 days after the program end date if you are not pursuing post-completion options.

3.      For OPT and STEM OPT, admission runs to the earlier of your academic program end date or the EAD end date.

Need More Time? Two Paths

If you need additional time beyond your Admit Until Date, you have two options:

1.      File an Extension of Stay with USCIS using Form I-539 before your admission period expires; or

2.      Depart the United States and seek readmission in F-1/2 or J-1/2 status with updated documentation.

Can You Keep Studying While Extension of Stay Is Pending?

If you file a timely Extension of Stay before your Admit Until Date expires, you may continue studying while USCIS processes the request. If USCIS denies the Extension of Stay, there is no grace period under the new rule. You must depart the United States immediately.

What Counts as a Valid Reason for More Time

USCIS may grant more time for:

1.      Compelling academic reasons such as a change of major or research topic, or unexpected research problems.

2.      Documented illness or medical condition.

3.      Exceptional circumstances beyond the student's control, such as a natural disaster or school closure.

Reasons that generally will not be accepted include a pattern of academic probation or suspension, or repeated inability or unwillingness to complete coursework as required.

New Academic Restrictions

The below restrictions are prospective for F-1 students who start or continue a course of study on or after September 15, 2026.

·         No Lateral or Reverse Matriculation – this rule limits same-level repeats and moving backward:

1.      You may progress to a higher academic level, but you cannot complete multiple programs at the same level (for example, two master's degrees).

2.      Double majors are permitted only if you are enrolled in both majors at the same time within a single program.

3.      Graduate students cannot change academic direction after entering the program.

4.      You cannot start a lower-level program after completing a higher-level program.

5.      DHS will rely on National Center for Education Statistics (NCES) definitions and may issue further guidance.

·         Transfers Below the Graduate Level - Transfers are more restricted:

1.      During the first academic year, transfers are not allowed unless SEVP grants an exception for rare extenuating circumstances, such as loss of SEVIS approval, a merger that eliminates the program, or a natural disaster or emergency. Procedures for seeking an exception have not yet been provided.

2.      After the first academic year, transfers are allowed only if you are not on probation or suspension and there is no pattern of inability or unwillingness to complete coursework.

3.      If the new program end date extends beyond your I-94 Admit Until Date, you must file Form I-539 before the Admit Until Date or depart and reenter before the Admit Until Date with a new Form I-20.

·         Changes of Level or Major Below the Graduate Level - Program changes are similarly limited:

1.      During the first academic year, changes of level or major are restricted unless SEVP grants an exception for extenuating circumstances.

2.      After the first academic year, changes are allowed only if you are not on probation or suspension and there is no pattern of inability or unwillingness to complete coursework.

3.      If you cannot complete the new program before your Admit Until Date, file Form I-539 before the Admit Until Date or depart and reenter.

·         Graduate-Level Transfers

Graduate students may not transfer to another school unless SEVP grants an exception. DHS still must clarify whether a transfer to commence a higher level is permitted.

·         Graduate-Level Changes of Level or Major

Graduate-level changes of level or major are not allowed. The preamble notes that if a graduate student drops out, the student must depart immediately.

·         English Language Training (ELT) Cap

There is a 24-month lifetime aggregate cap on ELT, regardless of breaks, illness, or vacations. This cap does not apply to pathway programs that include ELT as an integrated part of another academic program.

Shorter Grace Period After Completion

The post-completion departure window is reduced. The grace period after finishing studies or practical training drops from 60 days to 30 days. The same 30-day departure requirement applies if your program ends earlier than expected.

Questions and Answers:

I'm already here on D/S – What Should I do?

If you are admitted under D/S before the effective date, you are authorized to remain in the United States until the later of the end date of your existing I-20/DS-2019 or the expiration date of any Employment Authorization Document (EAD), but not more than four years from the effective date of the rule, plus your applicable grace period. If you require additional time beyond that – such as to complete your program or post-completion practical training, or to start a new program – you must apply for an extension of stay pursuant to the new rules or depart the United States and request a new admission period upon re-entry. You should consult with your International Student Office to review your current program end date.

New entries after the effective date will receive a fixed Admit Until Date. Hence, if you travel and reenter after the effective date, your new I-94 will be issued with the fixed-period Admit Until Date.

Does this affect my F-2/J-2 Spouse and Children?

F-2/J-2 admissions will also be for a fixed period and cannot exceed the principal F-1's/J-1's period. If dependents need to remain beyond their Admit Until Date, they must file an Extension of Stay before their Admit Until Date.

Can I still travel?

Yes, but plan carefully. If you depart and reenter after the effective date, you will be issued a -9 with a fixed Admit Until Date based on your I-20/DS-2019 and applicable limits.  Before departing the U.S., make sure your I-20/DS-2019 reflects accurate program dates.

Also, before departure you should check with your DSO and your immigration counsel to determine whether there are any immigration holds or issues related to your status and/or your country of origin.

I have pending OPT or STEM OPT—do I need an Extension of Stay too?

There is a transition cushion. If you timely file for post-completion OPT or STEM OPT on or before March 18, 2027, you generally will not need a separate Extension of Stay. Outside that window, you generally must apply for both an Extension of Stay (Form I-539) and the EAD application, and you cannot begin OPT until the Extension of Stay is granted. The automatic 180-day extension for timely filed STEM OPT extensions remains in place, but is also tied to having in hand a valid, unexpired I-94.  Hence, you will want to file your Extension of Stay as early as possible as processing times can be very long.

Note though that if you depart and re-enter the United States during the special six-month transition window (or any DHS extension of that window) and are readmitted for a fixed period of stay before applying for an OPT or STEM OPT EAD, you would be required to file both the I-765 EAD application and an I-539 application to extend F-1 status to cover the requested OPT or STEM OPT period.

Disclaimer

This alert is for general information only and is not legal advice or a request to provide legal services. Neither receiving it nor reading it creates an attorney-client relationship. Do not act based on this information without getting advice from your immigration lawyer.