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Summary of the Proposed 鈥淒uration of Status鈥� (D/S) Rule Change

The U.S. Department of Homeland Security (DHS) published a in August 2025 to end 'duration of status' (D/S) for F and J nonimmigrants.  This includes students in F or J status, scholars in J status, and graduated students with OPT or STEM OPT authorization as well as all F-2 and J-2 dependents.

The proposed rule would eliminate the current D/S policy for international students and scholars, replacing it with a defined period of stay of no more than four years, plus a 30-day grace period (instead of the current 60-day grace period).  If additional time is needed to complete program requirements, students and scholars would be required to apply to US Citizenship & Immigration Services (USCIS) for an extension of status. The proposed rule also introduces several other new requirements, such as restrictions on changes in major, level of study, and transfers during the first year.

Current Status of the Proposed Rule

The mandatory public comment period for this proposed rule ended in September 2025.  

DHS on May 5, 2026. 

The proposed rule change remains under review by the US government as of May 20, 2026. It is possible that some aspects of the proposed rule will be revised based on public feedback. However, it is expected that many of the proposed changes will remain in the final rule. Experts expect OMB's review to be expeditious and for the rule to be published in the Federal Register soon (by the end of June 2026). The final rule will go into effect 60 days after publication in the Federal Register.

What is 'Duration of Status'?

When an international student or scholar arrives in the U.S., they are cleared for entry by a DHS and Customs & Border Protection (CBP) officer at the port of entry.  The CBP officer issues documentation stating how long the student or scholar may remain legally in the U.S. Since the early 1990s, CBP has admitted students and scholars in F-1 or J-1 status for a period known as 'duration of status' (D/S).  Unlike most other nonimmigrants who are admitted with an exact date of expiration of legal immigration status, D/S allows students and scholars to remain in the country as long as they are making normal progress towards completing their academic or research objectives.  The proposed rule aims to eliminate D/S and replace it with a system that admits students and scholars with an exact date that coincides with the program end date noted on their Form I-20 or DS-2019, not to exceed four years.

Summary of the proposed DHS rule changes

• Replace the Form I-94 Arrival/Departure Record “admit until date” of “duration of status” with a fixed end date that aligns with the academic program length or four years, whichever is shorter.  
  
  
• Students and scholars seeking F-1 or J-1 status will be admitted to the U.S. for a period of no more than four years.  If their program exceeds four years, they will be required to apply to USCIS for an extension of status.  If their program is less than four years, their period of stay will be limited to the end date on their immigration document (Form I-20 or DS-2019).  Students and scholars already in the U.S. at the time the final rule is published will be transitioned to a fixed date of admission, which will be the current program end date on the Form I-20, Form DS-2019, or EAD, plus a grace period of 60 (F) or 30 (J) days, not to exceed four years from the date the final rule is published.
  
  
• Require students/scholars to file a formal I-539 extension of stay (EOS) process with USCIS as part of a multi-step process to extend lawful stay in the US.
   
• Individuals in F or J status who require more than four years to complete program requirements will need to apply to USCIS for an Extension of Status, using . The I-539 can be filed online, and the filing fee as of May 2026 is $420. Some individuals may wish to work with an attorney on this additional filing, and ISGSS staff may be limited in the level of guidance they can provide.
  
  Extensions may also be needed when advancing educational levels and when applying for OPT and STEM OPT. It appears that students who are already in F-1 status and in the US at the time the new rule goes into effect may file for OPT/STEM OPT without the additional I-539 filing requirement for up to 6 months after the final rule goes into effect. After the new rule has been active for 6 months, all students filing for OPT/STEM OPT will be required to file the I-539 Extension in addition to the I-765 Employment application. This information will be confirmed once the final rule is published.
  
  
• Shorten the current F-1 grace period from 60 days to 30 days: The grace period is a period of lawful stay in the U.S. granted to students after completing an academic program. During the grace period, a F visa holder may prepare for departure from the US. Current rules allow an F-1 student to change education level, transfer schools, or apply for a change of immigration status or benefit during the 60-day grace period. Under the proposed rule, this period would be shortened to 30 days. There is no change to the J-1 student or scholar grace period which is already set at 30 days.
  
  
• Cap on ESL duration of admission: English language training will be limited to 24 months, plus a 30-day grace period. 
  
  
• Restrictions on transfers: Undergraduate students would not be permitted to transfer to a new school until they complete one full academic year at the school whose I-20 they used to enter the U.S.  Graduate students would be completely barred from transferring to a new institution at all. Instead, they would instead need to depart the U.S. and enter with a new I-20 from the new school.
  
  
• Restrictions on changes to 'educational objectives': Undergraduate students would not be permitted to change their major until after one full academic year at the school whose I-20 they used to enter the U.S.  Graduate students would be completely barred from changing majors at all, and they would instead need to depart the U.S. and enter with a new I-20 from the new school.
  
  
• Prohibit F-1 students from pursuing another academic program at the same or lower educational level: F-1 students who complete a program at one education level would be barred from pursuing another academic program at the same education level or lower education level.  

The rule also outlines new standards for extension eligibility, expands USCIS discretion, and revises related employment authorization and dependent rules. 

Please email ISGSS@lewisu.edu if you have any questions regarding this matter.

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