DHS Eliminates “Duration of Status” for F-1 Students

Key Summary:

• DHS is replacing the flexible D/S framework with a fixed admission period for F-1 students
• Students entering on or after September 15, 2026, receive an expiration date on their I-94.
• Extending a program, transferring schools, etc., will require filing an Extension of Stay with USCIS.
• Students admitted before September 15 can remain under previous rules during a transition period until November 14, 2030.
• Failing to extend your fixed admission expiration date can lead to removal proceedings.

The U.S. Department of Homeland Security (DHS) has announced a major change that will affect international students studying in the United States on F-1 student visas. Beginning September 15, 2026, F-1 students will no longer be admitted to the United States under the long-standing “Duration of Status” system.

Instead, students will receive admission for a fixed period of time. Anyone needing additional time to complete their studies or training will generally be required to file a formal Extension of Stay application with U.S. Citizenship and Immigration Services (USCIS).

What Is “Duration of Status” (D/S)?

For decades, most F-1 students entered the United States under Duration of Status (D/S). Rather than having a fixed expiration date stamped on their Form I-94, students were permitted to remain in the U.S. indefinitely as long as they:

• Maintained full-time enrollment and valid F-1 status;
• Made normal academic progress toward their degree;
• Kept an updated and active Form I-20; and
• Complied with all federal immigration regulations.

This flexible system allowed students to extend their academic programs, change educational levels, or participate in OPT without their admission automatically expiring.

What Changes on September 15, 2026?

Beginning September 15, 2026, new F-1 arrivals will be granted a fixed period of authorized stay. The fixed admission period will generally include:

• The academic program length listed on the student’s Form I-20;
• A maximum cap of four years per admission (subject to specific regulatory exceptions);
• Up to 30 days prior to the program start date; and
• A 30-day grace period following program completion to prepare for departure.

Unlike the previous system, international students will now have a precise admission expiration date on their I-94 that must be strictly monitored.

What If You Need More Time in the U.S.?

Many international students require additional time to finish their degree due to research requirements, academic delays, medical issues, or other approved reasons. Under the new rule, extending your Form I-20 alone may no longer be enough.

If you need additional time to: 

• Extend your degree completion date;
• Begin a new academic level (e.g., Bachelor’s to Master’s);
• Participate in OPT or STEM OPT extensions; or
• Transfer to a new institution,

you will generally need to:

• File an Extension of Stay application with USCIS before your admission expires; or
• Depart the United States and obtain a new period of admission by reentering with valid F-1 documentation.

Because USCIS processing times can be lengthy, students should begin planning well before their authorized stay expires.

Impact on Current F-1 Students

Students who were admitted in F-1 status before September 15, 2026 and under the Duration of Status system generally may continue under the current rules during a transition period.

These students may typically remain until:

• The Program End Date on their current Form I-20; or
• The completion of approved OPT or STEM OPT, if applicable.

However, this transition is not indefinite. Under the final rule, these students generally may not remain beyond November 14, 2030 unless they qualify for a new period of admission or otherwise comply with the new regulations.

The final rule also introduces new requirements for students who: 

• Change from one educational level to another (for example, from a Bachelor’s Degree to a Master’s Degree);
• Change their major or academic program;
• Transfer to another school; or
• Complete their studies and prepare to leave the United States.

Because these situations may now affect a student’s period of admission, it is more important than ever to work closely with your Designated School Official (DSO) and an experienced immigration attorney before making significant academic changes.

Why This Rule Matters

The elimination of Duration of Status fundamentally changes how international students maintain lawful immigration status in the United States. Under the previous system, students primarily focused on maintaining compliance with F-1 regulations through their school.

Under the new system, students must also pay close attention to the expiration date of their admission and determine whether an Extension of Stay application with USCIS is required. Missing an important deadline could result in:

• Falling out of lawful F-1 status;
• Accruing unlawful presence;
• Losing eligibility for future immigration benefits; or
• Facing removal proceedings in certain situations.

Careful planning will become more important than ever.

How Our Legal Team Can Assist

The new DHS rule creates additional responsibilities for F-1 students and may significantly affect your immigration strategy. We can help:

• Determine how the new rule applies to your situation;
• Prepare and file Extension of Stay applications;
• Navigate changes in educational level or school transfers;
• Plan for OPT and STEM OPT;
• Maintain lawful F-1 status; and
• Avoid costly immigration mistakes.

If you are an international student or your school has informed you that these changes may affect your status, contact our office today to schedule a consultation. We can help you understand your options and remain compliant under the new DHS regulations.

F-1 Rule Change FAQ

When does the new F-1 rule take effect?

The rule goes into effect on September 15, 2026.

Will current F-1 students lose their status immediately?

No. Students admitted under Duration of Status prior to September 15, 2026, enter a transition period that allows them to maintain status under current rules until their Form I-20 end date (capped at November 14, 2030).

Do I still need to work with my Designated School Official (DSO)?

Yes. An updated, valid Form I-20 from your DSO remains mandatory. However, under the new rule, an I-20 extension must be paired with a USCIS extension of stay.

How far in advance should I file for an Extension of Stay?

Because USCIS processing times vary, it is recommended to consult an attorney and begin preparing your extension application several months before your I-94 expiration date.