Duration of Status Final Rule Information
Duration of Status Eliminated for F-1 Students and J-1 Students and Scholars
As we previously announced, the U.S. Department of Homeland Security (DHS) published a final rule on July 17, 2026, that changes how international students and scholars and their families will be admitted into the U.S. and creates a new process by which they can extend their stay.
Once the final rule becomes effective on September 15, 2026, F and J visa holders will no longer be admitted for an open-ended “Duration of Status” or “D/S”, instead they will be admitted for a fixed term for their authorized stay.
The final rule also places new restrictions on F-1 students’ ability to transfer schools or change their stated Educational Objectives -- their major or degree level.
The final rule also shortens the period F-1 students and their dependent families may remain in the U.S. after completing a course of study or an authorized period of post-completion Optional Practical Training (OPT), from 60 days to 30 days.
Maximum Period of Stay
F and J visa holders who enter the U.S. on or after September 15, 2026, will be admitted for a period of authorized stay equivalent to the program end date listed on their I-20 (for Fs) or DS-2019 (for Js) plus a 30-day grace period OR four years plus 30 days, whichever is shorter.
Ph.D. students and scholars with program dates longer than four years will remain able to complete their programs, but will be required to extend their stay before the four-year limit in order to continue their studies beyond four years. More details on that process are below.
Transition Provision: F and J visa holders who are admitted to the U.S. before September 15th, and who are present in the U.S. on September 15th, will retain their duration of status authorized stay either until the end date listed on their current I-20 or DS-2019, or for four years (from September 15), whichever is shorter.
Extensions of Stay (EOS)
The rule outlines the process that students and scholars must follow in order to extend their stay.
There are two options to extend a stay:
- Submit an I-539 application to DHS requesting an extension of stay; or
- Travel and re-entry for a new fixed period of stay
The need for an EOS will apply to F-1 students applying for post-completion OPT and the 2-year STEM Extension, as well as J-1 students applying for post-graduation Academic Training. Students applying for OPT/STEM OPT will be required to submit an application to DHS for employment authorization, as they always have, and will also need to extend their stay either through filing an I-539 or through travel and re-entry.
Transition provision for F-1 students applying for OPT/STEM OPT: Students who file for OPT/STEM OPT on or before March 18, 2027, and who have been admitted for duration of status at the time of filing, will need to apply only for work authorization without any additional EOS process. However, if a student leaves the U.S. after September 15th and then re-enters prior to the OPT/STEM filing, this transition provision does not apply, and they would need to request both employment authorization and EOS.
School Transfers and Changes in Educational Objectives
The rule defines an educational objective as a student’s major or degree level and imposes new restrictions on students’ ability to change their educational objective.
Students below the graduate level must complete the first academic year of their program of study at the school that issued their I-20 before they can transfer or change their educational objective.
Graduate students are prohibited from changing their educational objective at any point during a program of study.
Graduate students are prohibited from transferring at any point during a program of study, unless an exception is authorized by DHS for extenuating circumstances.
Any F-1 student who has completed a program at one educational level can begin a new program only at a higher educational level. Students will not be permitted to pursue another degree at the same or a lower educational level.
These restrictions apply only to F-1 students, not to J-1 students.
Authorized Employment Grace Periods
F and J visa holders with a pending EOS may continue any authorized on campus job, CPT, or J-1 academic training for up to 240 days while the EOS is pending.
This does not apply to OPT applications. Both the OPT application and the EOS must be approved before a student may begin work on OPT. Students applying for the STEM Extension will continue to receive a 180-day extension of work authorization beyond their initial OPT end date while their applications remain pending.
Current Action Items
- Enter the U.S. before September 15, 2026, if possible. Be aware that if you exit the U.S. on or after September 15th, you will not retain any transition benefits upon re-entry.
- This rule does not affect visa processing at U.S. consulates overseas. Students applying for F and J visas should follow the same procedures after September 15th.
- If you intend to transfer to another institution, submit a transfer request to Duke Visa Services before September 15, 2026, if possible. After that date, transfers may not be possible.
- Students who will graduate later than the program end date on their current I-20/DS-2019 should request a program extension to Duke Visa Services through the TDS Portal before September 15, 2026.
- F-1 students applying for OPT/STEM OPT should submit their applications as soon as possible in order to give as much time as possible for DHS to process the EOS application.
Legal challenges to the rule are expected. In addition, the rule contemplates that DHS may delay the implementation of the rule if it determines that additional time is needed to implement the new procedures. We expect additional information and clarifications from DHS about the rule over the coming months. Duke Visa Services will closely monitor these developments and is committed to updating the Duke community as new information becomes available.
Additional Resources:
U.S. Department of Homeland Security: Study in the States
Final Rule Frequently Asked Questions
NAFSA: Association of International Educators
Duration of Status Final Rule Webpage and Resources
International Student Resource Center