This is a basic overview of the new rule to eliminate Duration of Status (D/S) based on our initial review and analysis. The rule introduces significant changes, many of which will require additional guidance and clarification from the Department of Homeland Security (DHS). Implementation of the rule will also be dependent on the ability of DHS to execute corresponding changes in the SEVIS system. If implementation of a specific part of the rule is not feasible, then DHS may delay or suspend that part of the regulation. After the September 15th implementation date, there will be the need to collect data on how different aspects of the rule are processed and enforced by DHS. This is an evolving situation and our interpretation and understanding of certain provisions may shift with additional guidance and analysis.
Some of the immediate impacts of the new DHS rule will depend on where the F-1 student is on September 15, 2026.
For F-1 students physically present in the U.S. on September 15, 2026:
- Will follow D/S transition provisions for F nonimmigrants
- Do not need to immediately apply for a date-specific Form I-94
- Retain their 60-day grace period
- Must apply for an extension of stay (EOS) to remain in status if they will not finish their academic program by the program end date of their current Form I-20
- If current Form I-20 has more than four years of validity, then must apply for EOS before November 14, 2030
- F-1 students applying for post-completion or STEM OPT before March 18, 2027, are not required to apply for an EOS in conjunction with their OPT application
- Will be admitted with a date-specific Form I-94 upon reentry to the U.S. after September 15, 2026
- Will no longer have a 60 day grace period, but will receive 30-day grace period instead
For those who are admitted to the U.S. on or after September 15, 2026:
- Will be admitted with a date-specific Form I-94 which will include their Admit Until Date
- Admit Until Date (AUD) will be determined by one of the following:
- Program end date of Form I-20, plus 30 days
- Four years from program start date or date of entry, plus 30 days, if Form I-20 is valid for more than four years
- Passport expiration date if passport is valid less than either the Form I-20 or four years (whichever is shortest)
- Students who need additional time beyond their AUD will need to apply for an Extension of Stay (EOS) before their current AUD expires
- Common situations that will now require an EOS to be filed (see caveat below):
- Extension of current program
- School transfer
- Change to higher academic level
- Post-completion OPT
- Students may also opt to exit the U.S. and reenter instead of applying for an EOS through USCIS
All F-1 students will also be subject to new restrictions on school transfers and changes in educational objectives after September 15, 2026, depending on their educational level.
For F-1 students below graduate level:
- Must complete the first academic year of a program of study before eligible to transfer to another school
- Must complete the first academic year of a program of study before eligible to change their educational objectives
- Educational objectives are defined as majors or educational levels
For F-1 graduate students:
- May not transfer at any point during their program of study
- May not change educational objectives at any point during their program of study
All F-1 students who have completed a program of a certain educational level after September 15, 2026, will also be prohibited from pursuing another program at the same educational level or lower educational level.
Last Updated: 8/3/2026