Final Rule to End Duration of Status

Update as of 7/17/2026

The Department of Homeland Security has posted the Final Rule to end duration of status in the Federal Register. The rule will become effective 60 days after the date of official publication, which would be on September 15, 2026. The final rule applies somewhat differently to F and J nonimmigrants who were admitted for Duration of Status (D/S) and are already in the United States on the rule's effective date. As a result, current students won't face any immediate change to their status.

The International Center Staff are reviewing the new regulatory guidelines and ask for your patience as they read through the final rule and become familiar with these new changes.

Additional Information and Guidelines

Study in the States

NAFSA

What is Duration of Status?

When an international student or exchange visitor arrives in the United States, they must be cleared for entry by a Department of Homeland Security (DHS) Customs and Border Protection (CBP) officer at the port of entry. The CBP officer issues documentation stating how long the student or exchange visitor may remain legally in the United States. This is distinct from the visa validity period determined by the Department of State (DOS).

Since the early 1990s, CBP has admitted students (F visa status) and exchange visitors (J visa 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 F students and J exchange visitors to remain in the country as long as they are making normal progress towards completing their academic or research objectives or are engaging in optional practical training (OPT).

Their school or exchange program must also report their activities to DHS and DOS in the Student and Exchange Visitor Information System (SEVIS) database.

Key changes included in the final rule:

Fixed-date Admissions to the United States

Instead of being admitted for "duration of status" (D/S) as they have been since 1991 for F students and 1993 for J exchange visitors, individuals applying for admission in or change of status to either F or J status (F-1 students, F-2 dependents, J-1 exchange visitors, and J-2 dependents) on and after September 15, 2026 will be admitted for a fixed date, recorded on the F or J nonimmigrant's Form I-94.
This "Admit Until Date" (AUD) will be limited to the program end date noted on their Form I-20 or DS-2019, not to exceed 4 years, plus a period of 30 days following their program end date.
The F-1 grace period will be reduced from the current 60 days to 30 days for F students and dependents who enter or reenter the United States on and after September 15, 2026.

Formal I-539 Extension of Stay Process with USCIS

Individuals who need time beyond their Admit Until Date (AUD) for whatever reason (e.g., an extension of program, school transfers, moving academic levels, use of post-completion practical training or academic training) will have to timely file a complete Form I-539 extension of stay application with USCIS before their AUD expires, on Form I-539 (with fee, biometrics, and possible interview).
The final rule also outlines standards for extension eligibility

Transition Provisions

There are transition provisions for F and J nonimmigrants who were admitted for D/S on their Form I-94 and are inside the United States on September 15, 2026, the final rule effective date.
These individuals will not have to immediately apply for a date-certain I-94, but they must still apply for an extension of stay in order to remain in status beyond the program end date on their current Form I-20 or DS-2019 or OPT EAD card, or four years from the final rule effective date, whichever is shorter, and will also be subject to the new academic restrictions in varied ways.
F-1 students in this transition group will retain their legacy 60-day grace period even after September 15, 2026, but if they exit and reenter the United States or apply for an extension of stay on or after the effective date they will be assigned a 30-day grace period under the new rule.
If someone in this transition group exits the United States and reenters on or after September 15, 2026, CBP will readmit them with a Form I-94 with a date-specific AUD that includes a 30-day grace period.
There are some other transition provisions relating to employment.

Cap on ESL Duration of Admission

The stay of English language training students is capped at 24 months;

Restrictions on Transfers and Changes of Educational Objectives

Undergraduate students may change their educational objectives (e.g., change majors, etc.) or transfer schools only after their first year of study, unless SEVP approves an exception on a case-by-case basis for "extenuating circumstances"
Graduate students are not eligible to change their educational objectives (i.e., "majors or educational levels") "at any point during their program of study."
Graduate students may be eligible to transfer schools during their program of study, but only if SEVP approves an exception on a case-by-case basis for "extenuating circumstances" ... Note that under the proposed rule, there was no SEVP exception provision for graduate transfers as there is in the final rule.

Prohibition on Lateral or Reverse Matriculation

After completing a program at a particular educational level F-1 students are barred from pursuing a subsequent program at the same or lower educational level. DHS has clarified in the final rule that this limitation on study at the same or lower educational levels applies only to programs that are completed after the effective date.

Next Steps

If you have any questions, contact an International Student Advisor.

UND International Center is aware of the situation and currently working with legal counsel to help us break down how these new regulations will affect new and current international students. We understand that you have many questions and concerns. Please allow us some time to fully interpret the new guidelines so that we can better answer your questions.