What’s Happening
As recently discussed in our client alert, the Department of Homeland Security (DHS) has now finalized a rule replacing “duration of status,” or “D/S,” admissions for F-1 students and J-1 exchange visitors with fixed periods of admission.
F-1 and J-1 nonimmigrants will generally be admitted through the lesser of their program end date on their Form I-20 or Form DS-2019, or four years. In addition, following the effective date of the rule, F-1 students' post completion departure period or “grace period” will be reduced from 60 days to 30 days. Where applicable, the admission period may also include post-completion practical training. Individuals who need additional time will generally need to file an extension of stay with U.S. Citizenship and Immigration Services (USCIS) or depart the United States and seek readmission.
What You Need to Know
When The Rule Takes Effect
The final rule was published today, July 17, 2026, and is currently expected to take effect on September 15, 2026, 60 days after publication. Because the rule is classified as a major rule subject to congressional review, DHS will publish a further notice if the effective date changes or the rule is terminated. Until the effective date, the current D/S framework remains in place.
The D/S Transition Rules at a Glance Chart provides a concise overview of how the transition provisions apply to individuals in different circumstances and summarizes the principal transition dates, travel consequences, extension-of-stay triggers, and departure-period considerations discussed in detail below. To illustrate how the transition rules may apply in practice, we have prepared D&S Practical Examples: Understanding the New Duration of Status Rule, covering common travel, program-extension, transition-period, and OPT scenarios. The examples are illustrative only and should be read together with this alert, as individual circumstances may affect the analysis.
Mechanics of the Transition Provisions (New 8 C.F.R. 214.1(m))
F-1 and J-1 Nonimmigrants in D/S on the Effective Date
F-1 and J-1 individuals who:
are physically present in the United States on the effective date;
were admitted for D/S; and
are properly maintaining status
will not need to correct their Form I-94 or immediately file an extension of stay.
Current F-1 students eligible to remain under the transition provisions may generally remain in the United States through the later of:
the program end date listed on the Form I-20 valid on the effective date; or
the expiration date of a valid OPT or STEM OPT Employment Authorization Document,
subject to an outside limit of four years from the rule’s effective date.
J-1 exchange visitors may generally remain in the United States through the program end date listed on the Form DS-2019 valid on the effective date, subject to the same four-year outside limit.
F-1 students covered by the transition provisions will retain the current 60-day departure period following completion of their program or authorized practical training. J-1 exchange visitors will retain a 30-day departure period. Additional time beyond the applicable transition period will generally require a timely extension-of-stay application.
Travel After the September 15th Effective Date Will Generally Result in Fixed-Date Admission
An F-1 or J-1 individual covered by the transition provisions who later departs the United States and seeks readmission after the effective date of the new regulation will generally receive a new Form I-94 with a specific, fixed expiration date typically coinciding with the program end date on the individual’s Form I-20 or Form DS-2019, subject to the four-year maximum.
Where applicable, the admission period may also cover authorized or requested practical training. A 30-day departure period will generally be reflected in the Form I-94 and will not count against the four-year maximum.
As a result, travel after the effective date will generally move an individual from the transition framework into the new fixed-date admission system. An F-1 student readmitted under the new framework will generally receive a 30-day post-completion departure period, rather than the 60-day period preserved for F-1 students who remain covered by the transition provisions.
A limited exception may apply to qualifying trips of 30 days or less solely to contiguous territory or adjacent islands under the automatic visa-revalidation provisions.
Temporary Extension-of-Stay Relief for OPT and STEM OPT Applicants
The final rule provides a temporary relief period lasting 244 days from the date the rule is published (currently March 18, 2027) for certain F-1 students who remain in D/S and timely apply for post-completion optional practical training (OPT) or a STEM OPT extension.
Qualifying students who have a pending Form I-765 when the rule takes effect, or who timely file Form I-765 during the temporary relief period, will generally not need to file a separate Form I-539 solely to extend their F-1 stay through the requested OPT period.
This temporary deadline does not replace the normal OPT or STEM OPT filing requirements. The Form I-765 must still be filed within the applicable filing window. Only the separate Form I-539 extension-of-stay filing will not be required during this temporary window.
The exemption generally will not apply if a student departs before filing Form I-765 and is readmitted with a fixed expiration date. In that situation, the student may need to file both Form I-765 and Form I-539 if the requested OPT period extends beyond the student’s authorized admission.
Temporary Employment Relief for Certain J-1 Exchange Visitors
Certain J-1 exchange visitors who timely file an extension-of-stay application during the 244-day temporary window may continue employment authorized incident to status through the program end date on the updated Form DS-2019 while the application remains pending, even if USCIS adjudication exceeds 240 days.
The temporary provision does not waive the extension-of-stay filing requirement. Rather, it permits continued employment beyond the ordinary 240-day limit while the timely filed application remains pending.
Outside this temporary provision, qualifying J-1 employment authorized incident to status may generally continue for up to 240 days while a timely filed extension remains pending. J-2 employment does not continue beyond the EAD expiration date.
Individuals Who Do Not Qualify for Transition Protection
Individuals who failed to maintain status before the effective date will not receive transition protection. Depending on the circumstances, they may need to seek reinstatement or depart the United States.
An F-1 student whose program or OPT ended before the effective date will generally retain only the unexpired portion of the existing 60-day departure period. The rule will not calculate unlawful presence retroactively. However, an individual whose program or practical training has ended and whose applicable departure period has already expired will begin accruing unlawful presence on the effective date unless the individual timely filed for reinstatement, a change of status, or applicable OPT or STEM OPT employment authorization before that date.
A J-1 exchange visitor whose program ended before the effective date will generally retain only the unexpired portion of the existing 30-day post-program departure period. If that period has already expired, the individual will not qualify for transition protection and may begin accruing unlawful presence on the effective date absent a timely protective action.
Extensions of Stay Under the New Framework
After the effective date, an updated Form I-20 or Form DS-2019 alone will no longer extend an individual’s authorized stay.
An F-1 or J-1 individual will generally need to file Form I-539 if the individual’s academic or exchange program, practical training, school transfer, new degree program, or other authorized activity will extend beyond the expiration date of the individual’s authorized stay.
USCIS may require biometrics, background checks, or additional documentation as part of the extension adjudication. A timely filed extension application generally places the individual in a period of authorized stay while USCIS adjudicates the request, and unlawful presence generally will not accrue during that period. F-1 students may continue pursuing a full course of study while a timely filed extension remains pending.
If USCIS denies the extension after the authorized admission period has expired, the individual and any affected dependents must depart the United States immediately. Under current USCIS enforcement policy, a denial issued after the individual’s authorized admission period has expired may also result in issuance of a Notice to Appear (NTA) initiating removal proceedings in immigration court.
Employment While an Extension Is Pending
The ability to continue working under F-1 OPT, F-1 CPT, or J-1 status while an extension remains pending depends on the type of employment authorization:
F-1 students with authorized on-campus employment, curricular practical training (CPT), or qualifying economic-hardship employment may receive an automatic extension of employment authorization for up to 240 days after timely filing an extension of stay.
F-1 students who timely file a STEM OPT extension application will continue to receive the existing 180-day automatic extension of employment authorization. This protection is separate from the new 240-day employment extensions available to certain F-1 students who timely file an extension of stay.
Qualifying J-1 employment authorized incident to status may generally continue for up to 240 days. J-2 employment may not continue beyond the EAD expiration date unless USCIS approves renewed employment authorization.
An F-1 student who waits until the new, reduced 30-day post-completion departure period (“grace period”) to file an extension may continue studying while the application is pending but will not receive the automatic extension of on-campus, CPT, or economic-hardship employment authorization.
The final rule preserves existing H-1B cap-gap protections. Eligible F-1 students who are beneficiaries of timely filed cap-subject H-1B petitions will continue to receive an automatic extension of their F-1 stay and, where applicable, employment authorization through the applicable cap-gap period.
Travel While an Extension or Change of Status Is Pending
Departure while an extension-of-stay application is pending does not automatically result in abandonment.
If the individual seeks readmission only for the unexpired balance of the previously authorized admission period, the pending extension generally will not be considered abandoned.
Alternatively, the individual may seek admission using a new Form I-20 or Form DS-2019 reflecting a program end date beyond the previously authorized period. The individual may request admission through the later program end date, but the admission period will remain subject to CBP’s discretion. In that circumstance, USCIS may deem the pending extension application abandoned as it is no longer required where CBP has admitted the individual for the extended F-1 or J-1 validity period. A corresponding employment-authorization application will not be considered abandoned solely on that basis.
By contrast, the final rule codifies the longstanding policy that departure while a change-of-status application is pending will result in abandonment of the change-of-status request.
Students and Exchange Visitors Outside the U.S. on July 17
An F-1 or J-1 individual who is outside the United States on July 17 but returns before the effective date may still be admitted for D/S. If the individual is physically present in the United States and properly maintaining D/S on the effective date, the transition provisions should apply for transition protection.
The critical question is whether the individual is inside or outside the United States when the rule takes effect on September 15, 2026. Individuals reentering in F-1 or J-1 status after the rule’s effective date will generally not qualify for transition protection and will generally be issued a Form I-94 with a fixed expiration date based on the program end date listed on the Form I-20 or Form DS-2019, subject to the four-year maximum and applicable 30-day departure period.
We generally do not recommend international travel while a post-completion OPT or STEM OPT application is pending, as travel may present case-specific risks and should be reviewed in advance with immigration counsel. Where F-1 travel is undertaken while Form I-765 remains pending, the F-1 student should generally carry:
the USCIS receipt notice for Form I-765; and
the most recent Form I-20 reflecting the DSO’s OPT or STEM OPT recommendation and requested period.
Individuals should review their Form I-94 immediately after every admission because the Form I-94, not only the Form I-20 or Form DS-2019, will establish the period of authorized stay.
Additional Changes in the Final Rule Not Discussed Above
The final rule also includes several changes from the August 2025 proposed rule that are not discussed in detail above.
School Transfers and Changes in Educational Objective
Students below graduate level generally may not transfer schools or change their educational objective during the first academic year unless the Student and Exchange Visitor Program (SEVP) authorizes an exception.
Graduate-level students generally may not change their educational objective during a program and may not transfer schools unless SEVP authorizes an exception based on extenuating circumstances.
The final rule adds the need to change schools to complete elementary or secondary education as an example of a potentially qualifying extenuating circumstance.
Same or Lower-Level Study Restriction
The final rule clarifies that the prohibition against pursuing another program at the same or a lower educational level applies prospectively. It will generally apply only where the student completes the initial program after the rule’s effective date. For example, a student who completes a master’s degree after the effective date generally could not seek an extension of F-1 status to begin a second master’s degree in F-1 status, including a program that offers CPT from the outset (“Day-1 CPT Programs”).
Early Completion and Failure to Maintain Status
An F-1 student who completes a program or practical training early must generally depart the United States or take action to maintain lawful status within 30 days.
The same 30-day rule generally applies to J-1 exchange visitors whose program end date is shortened.
Individuals who fail to maintain status do not receive a departure period and are expected to depart immediately. Failure to maintain status and accrual of unlawful presence are distinct concepts. An individual may violate the terms of F-1 or J-1 status before the expiration date on the Form I-94. Unlawful presence, however, will generally begin when the authorized admission period on the most recent Form I-94 expires, subject to any applicable departure period or timely protective filing. A status violation may nevertheless affect eligibility for reinstatement, an extension or change of status, readmission, or other immigration benefits.
Additional F-1 Specific Changes
The final rule also:
reduces the standard F-1 post-completion departure period from 60 days to 30 days for students admitted under the new framework;
limits language-training students to an aggregate 24-month period of stay, including breaks and annual vacations;
generally permits a student who completes a program after the effective date to begin only a program at a higher educational level;
provides that delays caused by academic probation, suspension, or repeated inability or unwillingness to complete a course of study will generally not support an extension; and
limits the requested start date for post-completion OPT to no more than 30 days after the program end date.
Recommended Action and Next Steps
F-1 students and J-1 exchange visitors should review their Form I-94, Form I-20 or Form DS-2019, program timeline, employment authorization, and anticipated travel before the rule takes effect.
Case-specific guidance may be appropriate before:
international travel with anticipated return to the U.S. on or after the effective date;
a program extension;
an OPT or STEM OPT filing;
a school transfer or a change in educational objective;
a change-of-status filing; or
remaining in the United States beyond the expiration date on a fixed-date Form I-94.
This client alert reflects the literal text of the final rule and is accurate as of the date of publication. How the rule will be implemented in practice remains to be seen. The regulatory landscape remains fluid, and USCIS, ICE, DHS, and CBP may implement or interpret these changes differently in practice. D&S will continue to monitor the rule’s effective date, implementation guidance, changes to USCIS filing procedures, SEVIS updates, and any congressional or legal developments affecting the rule.
***The final rule also applies to I nonimmigrants and their dependents. This alert focuses on F-1 students and J-1 exchange visitors and does not discuss the I classification in detail; however, the accompanying chart briefly summarizes the transition rule for current I nonimmigrants.
This alert is for general informational purposes only and does not constitute legal advice. Please consult D&S immigration counsel regarding your specific circumstances. D&S Senior Associate, Paulina Baginska, assisted with the preparation of this alert.