THE END OF “DURATION OF STATUS” (D/S)
A Practical Guide for F-1 Students
Final Rule Published July 17, 2026 | Scheduled Effective Date: September 15, 2026
The major change: After the rule takes effect, F-1 students will generally receive a fixed expiration date on Form I-94 instead of “D/S.” An extended Form I-20 alone will no longer extend a student’s authorized stay.
1. Start with the Three Documents That Control Your Case
· Visa stamp: permits you to request admission to the United States. It does not determine how long you may remain after entry.
· Form I-20: records your school, program, major, and program dates.
· Form I-94: establishes the outer limit of your authorized admission. You must also continue complying with all F-1 requirements.
Practical rule: Download your I-94 after every U.S. entry and calendar the “Admit Until Date.” A future I-94 date does not excuse unauthorized employment, failure to enroll, or another status violation.
2. How Long May You Stay?
Most F-1 students admitted under the new system will receive the period shown on the Form I-20, capped at four years, followed by the applicable departure period. New fixed-date admissions generally receive only 30 days after program completion, rather than the traditional 60 days. English-language students generally remain subject to a 24-month maximum, plus 30 days. F-2 dependents may not remain longer than the F-1 principal.
3. Already in the United States in D/S? The Transition Rule
If you were admitted for D/S and are properly maintaining F-1 status on September 15, 2026, you generally do not need to obtain a new I-94 immediately. Your transition period ordinarily lasts until the later of:
· the program end date on the Form I-20 valid on September 15, 2026; or
· the expiration date on a valid Employment Authorization Document;
but not beyond September 15, 2030, followed by the preserved 60-day departure period.
Example — current master’s student: Mina entered in D/S, remains enrolled, and has an I-20 ending May 20, 2027. If she remains in status and does not travel, her transition admission generally runs through that program date, followed by the preserved 60-day period. She does not need a new I-94 merely because the rule takes effect.
Travel warning: International travel after September 15, 2026 generally moves a D/S student into the fixed-date system upon readmission. CBP may issue a date-certain I-94. Review travel with your DSO and, if there is any status issue or pending USCIS filing, with immigration counsel before departure.
4. Need More Time? Form I-539 Becomes Critical
A DSO may still extend the Form I-20 in SEVIS, but the school cannot independently extend your stay beyond the I-94 expiration date. To remain longer, you generally must:
1. obtain an endorsed Form I-20 recommending the extension;
2. file Form I-539 with USCIS before the I-94 expires;
3. pay the filing fee and submit the required evidence and biometrics, if requested; and
4. show a legitimate reason, such as documented illness, a necessary research change, or compelling academic circumstances beyond your control.
Academic probation, suspension, repeated failure to complete coursework, or unwillingness to make normal academic progress generally will not support an extension.
If a timely I-539 is pending: You generally may remain and continue full-time study while USCIS adjudicates the application. Do not work unless employment remains independently authorized.
If USCIS denies the extension after the I-94 expires: There is no post-denial grace period. You must depart immediately. Continued presence may begin accruing unlawful presence.
5. Transfers, Majors, and Second Degrees
· Students below the graduate level generally may not transfer schools or change their major or educational level during the first academic year, absent an SEVP exception.
· Graduate students generally may not change their educational objective and generally may not transfer schools during the program without an SEVP exception.
· After completing an F-1 program in the United States on or after September 15, 2026, a student generally may not begin another F-1 program at the same or a lower educational level. Upward progression remains possible.
Allowed example: Daniel completes a bachelor’s degree and begins a master’s program. This is upward academic progression.
Generally prohibited example: After completing a U.S. master’s degree after September 15, 2026, Sarah seeks a second master’s program primarily to continue working through CPT. Because the new program is at the same level, she generally cannot maintain F-1 status for that program.
CPT itself remains available under 8 C.F.R. §214.2(f)(10)(i), but CPT cannot continue beyond the student’s authorized admission period. Keep every CPT I-20, offer letter, course record, and proof that the training was integral to the curriculum.
6. OPT and STEM OPT
Qualifying D/S transition students generally retain the 60-day post-completion period. Students admitted or extended under the new fixed-date system generally receive only 30 days. The rule also provides temporary transition relief for certain timely filed OPT and STEM OPT applications. Because the filing deadline is technical, students should confirm the exact deadline rather than relying on a general estimate.
Example — STEM OPT: Alex is in valid D/S status and has a STEM OPT EAD expiring June 30, 2028. His transition period generally follows the later of the valid EAD date or the September 15, 2026 I-20 program date, subject to the September 15, 2030 cap.
7. The Urgent Issue: Students Who May Already Be Out of Status
Transition protection applies only to students properly maintaining F-1 status on September 15, 2026. It does not cure an earlier violation, such as unauthorized employment, dropping below a full course load without approval, excessive OPT unemployment, or remaining after the program and departure period.
Express unlawful-presence rule: For students whose programs are completed and Forms I-20 are expired, DHS states that unlawful presence begins on September 15, 2026 unless, before that date, the student has filed a legally available reinstatement request, change-of-status application, or OPT/STEM OPT application.
This rule should not be mechanically applied to every possible preexisting violation. Where the I-20 remains facially valid but the student worked without authorization, stopped attending, or otherwise violated status, the unlawful-presence start date may require individualized analysis.
Example — expired program: Jin completed his program in 2025, used no OPT, and remained in the United States after his 60-day period. If he has no qualifying filing before September 15, 2026, he should conservatively treat that date as the beginning of unlawful-presence accrual under the final rule.
More than 180 days of unlawful presence may trigger a three-year inadmissibility bar after departure; one year or more may trigger a ten-year bar. See INA §212(a)(9)(B), 8 U.S.C. §1182(a)(9)(B). Reinstatement is discretionary, and unauthorized employment is a serious obstacle. See 8 C.F.R. §214.2(f)(16).
8. Student Action Checklist
· Download your latest I-94 and collect every Form I-20.
· Confirm with your DSO that SEVIS is Active and the program end date is accurate.
· Calendar the I-94 date, I-20 end date, EAD expiration date, and any transition deadline.
· Audit enrollment, reduced-course-load approvals, CPT, OPT/STEM OPT, unemployment days, and reporting history.
· Ask before traveling, transferring, changing a major or degree level, enrolling in another degree, or extending a program.
· Seek individualized legal review before September 15, 2026 if SEVIS is terminated or completed, the program or OPT ended, unauthorized employment occurred, or you are unsure whether status was maintained.
Do not file a placeholder application: An unsupported or legally unavailable filing may be denied and may create additional immigration complications. Filing something is not the same as having a valid period of authorized stay.
Key Dates
July 17, 2026: Final rule published at 91 Fed. Reg. 44976.
September 15, 2026: Scheduled effective date, subject to congressional review and any later DHS notice.
September 15, 2030: General four-year transition cap for qualifying D/S students, assuming the effective date does not change.
Important Notice: This advisory provides general educational information and is not legal advice for an individual case. The rule remains subject to congressional review, agency implementation guidance, correction notices, and litigation. Do not depart the United States, file for reinstatement, change status, or take other material action without individualized legal advice.
Judy Chang Law Firm, National Immigration Law Firm
Copyright© Judy J. Chang, Esq. All rights reserved. 7/17/2026
The information contained in article is provided for general information only and should not serve as a substitute for legal advice.