DHS Final Rule: Ending Duration of Status

Important information for F-1 students regarding fixed admission periods, Extension of Stay requirements, travel, and maintaining lawful status.

Overview

On July 17, 2026, the Department of Homeland Security released the final rule eliminating Duration of Status (D/S). The rule is currently scheduled to take effect on September 15, 2026.

The final rule modifies how periods of authorized stay are determined for F-1 and J-1 nonimmigrant categories, in addition to other changes. Students should also be aware of new requirements related to extending their stay in the United States and maintaining lawful F-1 status.

Effective Date Notice

The final rule lists September 15, 2026, as its effective date. Because the rule is subject to congressional review, DHS may publish a subsequent notice if the effective date changes or the rule is terminated.

Review the DHS Final Rule in the Federal Register

Major Changes

The final rule introduces a fixed admission-period framework and new requirements that may affect academic planning, international travel, program extensions, school transfers, academic-level changes, and post-completion practical training.

Elimination of Duration of Status (D/S)

Under the new regulation, F-1 students will no longer be admitted to the United States for Duration of Status (D/S). Instead, your admission will be governed by an Admit Until Date on the I-94.

This means that the I-94 date, rather than the SEVIS I-20 program-end date, determines and controls your lawful presence and the accrual of unlawful presence.

For most students, the admission period will include:

  • The length of your academic program as listed on your Form I-20, up to a maximum of four years.
  • Permission to enter the United States up to 30 days before your program start date. This time will not count toward your admission period.
  • A 30-day grace period after your program end date, or after completing approved post-completion OPT or STEM OPT, to prepare for departure or take steps to obtain another lawful immigration status. This has been dropped from the former 60-day grace period.

Important

Your I-20 expiration date no longer determines the end date of your F-1 status. Your Form I-94 Admit Until Date will determine the end date of your authorized stay.

Students in English Language Training Programs

  • Admission will be limited to a maximum of 24 months, plus an additional 30-day period to prepare for departure.

Program Extension via Extension of Stay (EOS)

If you need additional time to complete your academic program, begin a new program of study, or participate in post-completion OPT or STEM OPT, you may need to take action to extend your authorized stay.

Students needing time beyond their admission period must file an Extension of Stay with U.S. Citizenship and Immigration Services (USCIS) using Form I-539. A DSO recommendation becomes one factor that an immigration officer reviews while adjudicating an EOS application.

The rule also provides for the collection of biometric information in conjunction with EOS applications. A timely filed F-1 EOS applicant is authorized to continue pursuing a full course of study after the admission period expires until USCIS adjudicates the application.

Students who require additional time in the United States must:

  • Contact the Office of International Education (OIE) to discuss eligibility for an Extension of Stay (EOS).
  • Request necessary updates to the SEVIS record from the Designated School Official (DSO).
  • File Form I-539, Application to Extend/Change Nonimmigrant Status, with U.S. Citizenship and Immigration Services (USCIS).
  • Pay all required filing fees and complete biometrics requirements as instructed by USCIS.

Re-Entry on an Active Visa

Students who have a valid F-1 visa and choose to travel outside the United States may also be able to seek a new admission period upon reentry.

Admission decisions are made by U.S. Customs and Border Protection (CBP) and remain subject to all eligibility and admissibility requirements.

New Rules for Maintaining F-1 Status

The final rule introduces important restrictions regarding academic progress, program changes, and transfers.

Changes in Academic Level

Students in undergraduate or other programs below the graduate level:

  • May not change educational levels during their first year of study unless an exception is granted due to extenuating circumstances.

Students in graduate-level programs and above:

  • May not change educational levels at any time while enrolled in their current program.

After completing a program of study, students may not:

  • Move to a program at a lower educational level, such as from a master’s degree to a bachelor’s degree.
  • Move to another program at the same educational level, such as from one bachelor’s degree program to another bachelor’s degree program.

Changes of Major

Students in programs below the graduate level:

  • May not change their major during the first year of study unless an exception is approved for extenuating circumstances.

Students in graduate-level programs and above:

  • May not change their major at any point during their program of study.

School Transfers

Students in programs below the graduate level:

  • Must complete their first year of study at the school that issued their initial Form I-20 before transferring to another institution, unless an exception is granted for extenuating circumstances.

Students in graduate-level programs and above:

  • May not transfer schools during their program of study unless an exception is approved for extenuating circumstances.

Shorter Grace Period After Program Completion

Under the new rule, F-1 students will have 30 days after completing their academic program, completing post-completion OPT, or completing a STEM OPT extension to depart the United States or take steps to obtain another lawful immigration status.

Grace Period Reduced

The post-completion grace period is reduced from 60 days to 30 days.

What Does This Mean for Current F-1 Students?

Students Currently in the United States in F-1 Status

If you were admitted to the United States under Duration of Status (D/S) and are physically present in the United States when the rule takes effect on September 15, 2026, you may generally remain in the United States without filing an Extension of Stay application until:

  • The program-end date listed on your current Form I-20; or
  • The end of your approved post-completion OPT or STEM OPT period valid on September 15, 2026.

This transitional period may extend for up to four years, but not beyond November 14, 2030.

If You Need Additional Time Beyond Your Current Authorized Period

You will need to take additional steps if you wish to remain in the United States beyond your authorized period, including if you plan to:

  • Continue your studies in a new academic program and avoid incomplete grades or unnecessary withdrawals.
  • Receive additional time to complete your current program.
  • Participate in post-completion OPT or STEM OPT that extends beyond your current admission period.

Depending on your situation, you may need to apply for an Extension of Stay (EOS) with USCIS. Alternatively, you may choose to travel internationally and seek readmission to the United States with a new period of admission based on your updated SEVIS record.

What Happens If You Travel After September 15, 2026?

Current F-1 students who leave the United States after the rule takes effect and later return may be admitted with a new fixed admission period.

Upon reentry, the admission period will generally be based on the program-end date listed on your Form I-20, up to a maximum of four years, along with the applicable departure grace period.

Passport Expiration Date

If your passport expires before your program-end date, you may only be admitted until the passport expiration date rather than your program-end date.

OPT, STEM OPT, and H-1B Cap-Gap

Students Applying for OPT or STEM OPT During the Transition Period

If you were admitted under Duration of Status, are physically present in the United States when the rule takes effect, and timely file for post-completion OPT or a STEM OPT extension by March 18, 2027, you generally will not need to file a separate Extension of Stay application.

However, students who travel outside the United States before applying for OPT or STEM OPT and are subsequently readmitted under a fixed admission period may be required to file an Extension of Stay application in addition to their OPT or STEM OPT application.

Students Eligible for the H-1B Cap-Gap Extension

Students who are beneficiaries of a timely filed cap-subject H-1B petition and qualify for a cap-gap extension generally do not need to file an Extension of Stay application.

Eligible students may remain in F-1 status until their H-1B petition is approved, or April 1 of the fiscal year for which H-1B status is being requested, whichever occurs first.

We Are Here to Support You

The transition from Duration of Status to fixed admission periods represents a significant change to F-1 immigration regulations. The Office of International Education is actively reviewing the new requirements and will continue to provide updates, webinars, and guidance as additional information becomes available.

Because individual circumstances may vary, students should consult with the Office of International Education before making travel plans, changing academic programs, or applying for immigration benefits.

We understand that these changes may raise questions about your academic plans and immigration status. The Office of International Education is carefully reviewing the new regulations and will continue to provide updates, guidance, and educational sessions as additional information becomes available.

Before You Take Action

Contact the Office of International Education before traveling internationally, changing your academic program, transferring schools, or applying for an immigration benefit.


New York City

Christopher Olagunju, PDSO, ARO
Associate Director Enrollment – International Education
212.261.1684
colagunj@nyit.edu


Long Island

Karen Johnson, DSO, RO
Assistant Director Enrollment – International Education
516.686.7526
johnsonk@nyit.edu

Resources

New York Institute of Technology — Office of International Education
This page provides general educational information and should not be considered individualized legal advice. Requirements and immigration decisions may vary based on individual circumstances.