DURATION OF STATUS (D/S) UPDATES
The U.S. Department of Homeland Security (DHS) has officially published a final rule that will change how international students and exchange visitors are admitted to
the United States. This new regulation formally eliminates the Duration of Status
(D/S) policy and replaces it with a fixed period of admission. The rule is scheduled
to officially go into effect on September 15, 2026.
Effective September 15, 2026, the U.S. Department of Homeland Security (DHS) officially
ends the traditional Duration of Status (D/S) framework. Nonimmigrants in F-1 and
J-1 classifications will now be admitted to the United States for a fixed period of
admission tied to a specific expiration date on their form I-94. This page provides
granular details based on the Federal Register Final Rule and reporting from the Association
of International Education, NAFSA.
Please check this page often as ISS will make updates regularly as the understanding
of the policy evolves.
FAQ for Fixed Time Period of Admission Policy
Currently, F and J visa holders enjoy a flexible rule called Duration of Status (D/S). This system allows you to live and study in the United States as long as your I-20 or DS-2019 form remains valid. As of today, your International Student Services Advisor issues these official documents to match the length of your degree program. If you ever need extra time to finish your classes or apply for permission to work, international advisors can easily extend your I-20 Form. This helpful process keeps your visa status legal without any stressful government paperwork.
The Department of Homeland Security (DHS) is eliminating this flexible system entirely, effective September 15, 2026. Instead of letting the ISS advisors manage your timeline, the government proposes to link your stay to a specific expiration date on your I-94 arrival record. This record is given to you by Customs and Border Protection (CBP) officers when you first enter the country. Under this new rule, a government border officer will decide exactly when you must leave the United States, giving you a fixed end date instead of a flexible timeline.
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Standard limit: Your initial authorized stay is limited to your program end date, capped at a maximum of four years.
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Two-year restrictions: Certain students receive an admission limit of two years if they are citizens of countries on the U.S. Department of State sponsors of terrorism list, or countries with immigration visa overstay rates exceeding 10%.
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The exact departure date will be printed directly on your form I-94 upon entry.
If you enter the U.S. for the fall semester and prior to the September 15, 2026 effective date, you may still be processed under the old system. If you depart and re-enter the U.S. at any point after September 15, 2026 (such as over a semester break), you will immediately be converted to the new system. Upon that first entry after the effective date, CBP will issue you a fixed date I-94 expiration record rather than a D/S notation.
The good news is that you will not need to immediately apply for a fixed date on your I-94. However, you must apply for an extension of stay in order to remain in status beyond the program end date on your current Form I-20, DS-2019, or OPT EAD card, or four years from the final rule’s effective date of September 15, 2026, whichever is shorter.
International travel after the effective date of this policy immediately voids your existing D/S transition protections. Upon returning to the United States on or after September 15, 2026, Customs and Border Patrol (CBP) will readmit you with a Form I-94 with a date-specific “Admit until Date (AUD) that includes a 30-day grace period.
The LSU Office of Global Engagement can no longer grant electronic extensions directly within the SEVIS system. You must now formally submit Form I-539 (application to extend/Change Nonimmigrant Status) to USCIS. More information will be shared on a later date about this process.
You can submit your application up to 180 days before your fixed I-94 expiration date. USCIS must receive your complete packet before the exact expiration date written on your I-94 document. Late fillings result in an immediate loss of legal status.
If you file a timely Form I-539 application, your lawful nonimmigrant status is automatically extended while your case is reviewed. This pending status safely covers your stay and full-time studies for up to 180 days past your original I-94 expiration date, or until USCIS issues a formal decision, whichever comes first.
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For F-1 academic students, your post-completion grace period drops from 60 days down to 30 days.
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For J-1 exchange visitors, your post-completion grace period remains unchanged at 30 days.
Departure requirement: You must leave the country, apply for an Extension of Stay (EOS), or change to a different visa category within 30 calendar days of completing your program.
You must apply for Post-Completion Optional Practical Training (OPT) within a strict
window surrounding your program end date. If your OPT approval extends beyond the
fixed date printed on your I-94 record, you must file a concurrent Form I-539 Extension
of Stay along with your Form I-765 employment authorization packet.
The rule preserves Cap-Gap employment extensions for F-1 students transitioning to
H-1B visas but limits the automatic extensions strictly to a fixed timeline specified
by DHS.
The good news is, you can breathe a sigh of relief. Because you submitted your OPT application on time – and because you did it either before or within the first six months after that new rule started – the government protects you. Your on-time OPT application covers you completely, meaning you do not need to file any extra forms to extend your stay.
No. If you progress to a new degree level at the same university or transfer to a new one, your time carries over. If your combined programs cross the 4-year mark from your initial entry, you must file a formal Extension of Stay application via Form I-539 with USCIS.
We highly recommend that you visit the Study in the States website below for more information about the Duration of Status policy and its implications on international students: https://studyinthestates.dhs.gov/final-rule-establishing-a-fixed-time-period-of-admission-and-an-extension-of-stay-procedure-faq.
Community Outreach Regarding Duration of Status Updates