Tag Archives: duration of status rule

The Duration of Status Rule Ends Tuesday. Here’s What Changes

On 15 September the United States replaces “duration of status” with a fixed admission period for international students and exchange visitors. The duration of status rule has governed F and J visas for decades, and its removal is the largest structural change to the American student visa system in roughly fifty years.

The change comes from a Department of Homeland Security final rule published in the Federal Register on 17 July 2026.

What duration of status meant, and what replaces it

Under the old system, F and J holders were admitted for “D/S” — no fixed end date. As long as you were making normal progress in your programme or on authorised training, you remained in status. A PhD that ran seven years raised no immigration question.

From 15 September, new applicants are admitted for the length of their programme or four years, whichever is shorter, plus a 30-day departure grace period — reduced from 60 days for F visas.

Anyone needing longer must file an Extension of Stay with USCIS and demonstrate a compelling reason. A pending application carries an automatic 240-day extension.

The rules that will catch people out

Three provisions in the rule have less to do with time limits and more to do with academic freedom of movement:

  • Upward moves only. A student finishing at one level may go on to a higher degree — not a lateral move, not a lower one.
  • Graduate students cannot change educational objective at all. The rule defines that as educational level or major. Not in year one, not later.
  • Undergraduates cannot change in their first year, absent specific extenuating circumstances.

Dependents fall under the same fixed-term structure and extension requirements as the primary visa holder.

If you are already in the US, read this part twice

Students and scholars physically present in the United States in F or J status on 15 September get transitional protection. They may remain without filing an Extension of Stay until the later of the programme end date on their I-20 or DS-2019, or the expiry of post-completion work authorisation — up to a maximum of four years from 15 September. The 60-day F grace period and 30-day J grace period are preserved for this group.

That protection has one condition, and it is the single most consequential sentence in the entire rule: if you leave the United States and re-enter after 15 September, the new rule applies on re-entry.

Harvard’s International Office, whose guidance page is among the most detailed published by any institution, recommends that F-1 and J-1 students and J-1 scholars registered in on-campus programmes for the autumn term try to be physically in the United States on the effective date.

The travel trap

Travel after 15 September will result in a date-certain admission on your Form I-94, matched to the programme end date on your I-20 or DS-2019, rather than the open-ended D/S notation.

That reshapes ordinary decisions. A winter break trip home, a conference abroad, a family emergency — each converts an open-ended admission into a fixed one, which then governs how future extensions and post-completion work authorisation are handled.

Universities are still working through the implications for dual and joint degree programmes, where the “no change of educational objective” language interacts awkwardly with programmes designed around movement between schools.

The litigation, and why it does not change your planning

On 18 August, the Presidents’ Alliance on Higher Education and Immigration, the Association of Independent Colleges and Universities in Massachusetts, and NAFSA filed suit in the US District Court in Boston seeking to invalidate the rule. They also sought an interim stay that would suspend it during proceedings. We covered the filing in our earlier report.

The filings have no immediate effect. The rule takes effect on 15 September unless a court orders otherwise, and no such order has issued. Plan for the rule as written.

Practical steps before Tuesday

  • If you can be in the US on 15 September, be there.
  • Check the programme end date on your I-20 or DS-2019 now — after the change it becomes the date that governs your stay.
  • Postpone non-essential international travel until you have advice specific to your programme.
  • If you are considering a change of major or degree level, speak to your international office before the rule takes effect, not after.
  • Read the DHS FAQ for the government’s own reading of edge cases.

Answers for students and scholars

When does the duration of status rule end?

15 September 2026, per the DHS final rule published 17 July 2026.

How long will new students be admitted for?

The length of the programme or four years, whichever is shorter, plus a 30-day grace period for departure.

Does the rule affect students already in the US?

Those in F or J status and physically present on 15 September are covered by transitional provisions and can remain without filing an extension until their programme end date or the expiry of post-completion work authorisation, up to four years from that date.

What happens if I travel abroad after 15 September?

The new rule applies when you re-enter, and you will receive a date-certain I-94 matched to your programme end date rather than a duration-of-status admission.

Can I change my major under the new rule?

Graduate students cannot change educational level or major at any point. Undergraduates cannot in their first year, absent specific extenuating circumstances.

Will the lawsuit stop the rule?

It has not so far. The August filing sought an interim stay, but the filings have no immediate effect and the outcome is uncertain. The rule takes effect as scheduled.

Compare with the direction of travel elsewhere: Canada’s raised proof-of-funds threshold and the UK’s October rule changes.

US Ends Duration of Status for F and J Visa Holders

The United States is ending the open-ended admission system that has governed international students and exchange visitors for decades. Under a duration of status rule published by the Department of Homeland Security in the Federal Register on 17 July 2026, F academic students, J exchange visitors and I representatives of foreign information media will no longer be admitted for “duration of status” — the D/S notation that allowed them to remain for as long as they complied with their programme. From 15 September 2026 they will instead be admitted until a fixed date printed on their Form I-94, and anyone who needs longer must ask U.S. Citizenship and Immigration Services for more time.

A US visa page in a passport, illustrating the duration of status rule for F and J visa holders

The change affects students at every level, visiting researchers, physicians, au pairs and foreign correspondents worldwide. Below is what is in force, what takes effect next month, and what is only a proposal.

What the duration of status rule actually does

The final rule strikes every reference to “duration of status” from the DHS regulations covering F, J and I nonimmigrants and replaces it with fixed periods of admission.

  • F and J: admission for the length of the programme shown on the Form I-20 or DS-2019, not to exceed four years. For F-1 students the period ends earlier if an OPT or STEM OPT employment authorisation document expires first.
  • Arrival and departure windows: a 30-day period before the programme start date and a 30-day period afterwards, neither of which counts toward the four-year maximum.
  • I nonimmigrants: admission for up to 240 days, or up to 90 days for most holders of passports issued by the People’s Republic of China, excluding Hong Kong SAR and Macau SAR passports.
  • Extensions: anyone who needs more time must file Form I-539 with USCIS before their authorised stay ends, provide biometrics if asked, and pay the applicable fee — or leave and seek readmission at a port of entry.

For F-1 students, the rule narrows acceptable extension reasons to compelling academic reasons, a documented illness or medical condition, or circumstances beyond the student’s control. Academic probation, suspension or repeated inability to finish coursework are described as generally unacceptable.

One consequence is easy to overlook. Under D/S, unlawful presence generally did not accrue until USCIS found a status violation or a judge ordered removal. Once admission ends on a fixed date, someone who overstays without a timely extension application will generally begin accruing unlawful presence straight away.

New limits on transfers, programme changes and departure time

Several restrictions in the same rule have nothing to do with fixed dates but will change day-to-day academic life. They sit in the DHS final rule, not in any State Department proposal.

  • The period an F-1 student has to prepare to depart after completing a course of study or post-completion practical training drops from 60 days to 30 days. A student who stops study or training early must leave, or act to maintain or change status, within 30 days.
  • F-1 students generally must complete their first academic year at the school that issued their initial Form I-20 before transferring or changing educational objective, unless the Student and Exchange Visitor Program authorises an exception.
  • Students at graduate level or above are barred from changing educational objective at any point in the programme, and from transferring schools absent an SEVP exception for extenuating circumstances.
  • Progression must be upward: after completing one educational level, a student may only begin a programme at a higher level, not the same or a lower one.
  • Language training is capped at an aggregate 24 months, including breaks and annual vacation.

Anyone weighing study destinations may also want our guide to proof of funds for the UK, Canada and Australia in 2026.

A separate State Department proposal on J-1 terminations

Thirteen days later, the State Department issued something different in kind. On 30 July 2026 it published a proposed rule on the Exchange Visitor Program covering termination of programme participation, extensions and reinstatement. A proposed rule changes nothing until it is finalised, and this one has not been.

As proposed, it would authorise the Department, in its discretion, to terminate an exchange visitor’s programme in limited circumstances — among them where a visa has been revoked with immediate effect, where unauthorised employment has occurred, or where false information was provided during the programme. Exchange visitors would have 10 business days to file a written statement of opposition to certain Department-issued terminations.

The proposal would also compress the window for sponsors to correct many SEVIS status errors from 120 days to 30 days, after which formal reinstatement with a $367 fee would be required. Requests to extend a programme beyond the maximum permitted duration would have to be filed at least 90 days ahead, with no exceptions for late filings. The public comment window runs for 60 days from 30 July 2026 and was still open when this article was published.

Dates to put in the diary

The effective date is 15 September 2026, but two things could still move it. The rule is classified as a major rule subject to congressional review; DHS has said it will publish a further Federal Register document if that process changes the effective date or terminates the rule. Separately, on 18 August 2026 a coalition including NAFSA, the Presidents’ Alliance on Higher Education and Immigration and several unions filed a complaint and a motion for a preliminary injunction in the U.S. District Court for the District of Massachusetts, arguing the rule is unlawful under the Administrative Procedure Act. No ruling on that motion had been issued as of publication.

Transition provisions matter for people already in the country. F and J nonimmigrants who are properly maintaining status on the effective date and who were admitted for D/S will be authorised to remain until the programme end date on the Form I-20 or DS-2019 that is valid on that date, capped at four years from the effective date. Travelling abroad and returning after 15 September means a new I-94 with a fixed date. F-1 students in the United States on that date who timely file Form I-765 for post-completion OPT or STEM OPT on or before 18 March 2027 are not required to file a separate extension application for that period. The transition rules do not reach people who are outside the United States when the rule takes effect.

Practical next steps are unglamorous: confirm your programme dates, work out the resulting outer limit with your designated school official or responsible officer, and diarise any extension filing early. Because outcomes turn on individual facts, anyone whose stay is close to the margins should speak to a qualified immigration attorney. Full texts are available from the Federal Register, the DHS Study in the States portal and the NAFSA litigation page.

Questions readers are asking

Does the duration of status rule apply to me if I am already studying in the United States?
Yes, through the transition provisions: if you are maintaining status on 15 September 2026 and were admitted for D/S, you may remain until the programme end date on your currently valid I-20 or DS-2019, capped at four years from the effective date.

Do I need a new I-94 on 15 September?
No. The transition group does not need a corrected I-94. A new I-94 with a fixed date is issued if you leave and are readmitted after the effective date.

How long can F and J holders be admitted for now?
Up to the programme length on the I-20 or DS-2019, capped at four years, plus 30 days before the start date and 30 days after.

Has the F-1 departure period really been cut to 30 days?
Yes. The final rule reduces it from 60 to 30 days after completion of a course of study or post-completion practical training.

Is the State Department J-1 termination rule in force?
No. It was published on 30 July 2026 as a proposed rule and is open for public comment. Nothing in it binds sponsors or exchange visitors unless and until a final rule is issued.

Could the effective date change?
It could. The rule is subject to congressional review, and a lawsuit seeking to block it was filed on 18 August 2026.

For related coverage on Tamara News, see our reporting on New Zealand’s skilled migrant points settings and Canada’s French-language Express Entry draws.