Elimination of Duration of Status For F-1 Students and J-1 Exchange Visitors

On July 17, 2026, a final rule was published in the Federal Registry that directs the elimination of "duration of status, or D/S" and replaces it with a system that admits F-1 students and J-1 exchange visitors with an exact date based on the initial plan for program length, up to four years maximum. The fixed end date for F and J nonimmigrant status admission will be housed on Form I-94.

  • Final rule published in the Federal Register on July 17, 2026 at 91 FR 44976
  • Final rule effective date: Tuesday, September 15, 2026

Key Outcomes and Implications

Permission Required to Continue, Amend or Complete Degrees or Programs

Students and exchange visitors now have a variety of situations where they have to file a formal application with a fee (currently $420) to ask U.S. Citizenship and Immigration Services (USCIS) for permission to continue, amend or complete their degrees or programs.

    • This will require students and exchange visitors to take action to stay beyond their I-94 fixed end date referred to on the I-94 as the 'admit until' date, (travel and re-entry or apply for 'Extension of Stay' (EOS) through USCIS).

Change to Grace Period

  • The regulation shortens the F-1 grace period from 60 to 30 days following completion of their program of study or post-completion OPT or STEM OPT.
  • This is also the outer window for a student to request a new program start date after a program end date, and the deadline window for filing an EOS or OPT application near program completion.

Note: Students admitted to the U.S. in D/S before September 15, 2026 keep their original 60-day grace period for that specific transition cohort.

Restrictions on Academic Mobility and Maintaining Status

The regulation requires an application to USCIS to transfer schools, change the field of study, or continue for additional training or education, imposing new limits on academic flow and educational mobility.

USCIS Processing of Applications

The regulation does not clarify the standard by which applications will be adjudicated, or the processing time required. These changes create significant uncertainty for F-1 and J-1 visa holders in planning to study or train in the U.S. and will require these students and scholars to know and closely monitor the end date of their legal status, as well as require further advanced planning to remain in legal status.

Review the document details shared below for more information on identifying pertinent end dates.


Going forward, staying in legal status is no longer something ISSS can maintain by simply keeping the SEVIS record (I-20 or DS-2019) current. Students and scholars who have been admitted to the U.S. with a fixed end date that expires before they finish their program must travel outside the U.S. or file for an "Extension of Stay" (EOS) with USCIS.

English Language Training Cap

English language students are limited to an aggregate 24-month lifetime cap of study (including breaks and annual vacation), regardless of how the time is split across programs or schools.

F-2 Dependents

F-2 status remains derivative of the F-1 principal's status and admission period. If the F-1 principal needs an EOS, dependents generally need to be included in or file a parallel EOS to stay in status.

 

Transition Period for F, J students and scholars in the U.S. in D/S

When transitioning from duration of status to a fixed period of admission, students in the U.S. should know the following information as appropriate. (source: Study in the States)

  • For current F students admitted for D/S who are present in the U.S. on September 15, 2026: These students may remain in the U.S. without applying for an EOS until the program end date on their I-20 or the end of their post-completion OPT or STEM OPT that is valid on September 15, 2026, not to exceed November 14, 2030 (four years plus a 60-day departure period or change of status). Students must apply for an EOS if they wish to remain in the U.S. beyond their I-20 program end date, including if additional time is needed to begin a new program of study or engage in post-completion OPT or STEM OPT. Alternatively, a student may travel and seek readmission with a new fixed period of admission.
  • For current J-1 students admitted for D/S who are present in the U.S. on September 15, 2026: These students may remain in the U.S. without applying for an EOS until the program end date on their DS-2019, not to exceed November 14, 2030 (four years plus a 30-day departure period or change of status.) Students must apply for an EOS if they wish to remain in the U.S. beyond their DS-2019 program end date, including if additional time is needed to begin a new program of study or engage in post-completion Academic Training. Alternatively, a student may travel and seek readmission with a new fixed period of admission.
  • For current F and J students who depart the U.S. after September 15, 2026: Upon returning to the U.S., these students may be admitted with a new fixed period of admission, which is the program end date on their I-20 or DS-2019, up to a maximum of four years (plus a 30-day departure period).
  • For current students in F-1 status, admitted to the U.S. for D/S, who have timely filed Form I-765 for post-completion OPT or a STEM OPT extension on or before March 18, 2027: These students do not have to file an EOS application.
  • For F students who travel before filing for post-completion OPT or STEM OPT and are readmitted into 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.
  • For F 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 U.S. in F-1 status until the approval of the H-1B petition or April 1 of the fiscal year for which H1-B status is being requested, whichever comes first.

 

Additional Resources