On July 16, 2026, the Department of Homeland Security (DHS) officially published a final rule completely terminating the "Duration of Status" (D/S) framework for F-1 students and J-1 exchange visitors. The new rule will officially take effect on September 15. The authority to review and approve international students' legal status will shift entirely from university international offices to the strict federal oversight of U.S. Citizenship and Immigration Services (USCIS). Addressing the core concerns of international students, we break down the practical implications below:
Q1: With the unlimited "D/S" gone, how is my legal stay calculated? What if I cannot finish my studies on time?
After the new rule takes effect, the I-94 issued by Customs and Border Protection upon entry will no longer say "D/S." Instead, it will feature a specific expiration date, and a single admission will not exceed 4 years.
If you are in a 5-to-6-year Ph.D. program, or need extra time due to a change in major or research delays, you can no longer simply have your school's DSO update your I-20 in the system to extend your status. Going forward, you must file a formal I-539 Application to Extend/Change Nonimmigrant Status with USCIS. This requires paying filing fees, completing biometrics, and undergoing a lengthy, uncertain federal background check. Every application submitted to USCIS carries the risk of a Request for Evidence (RFE) or denial, so you must prepare extremely robust academic justifications.
Q2: If I am not selected in the H-1B lottery, can I still rely on a "second master's" or Day-1 CPT to maintain status?
We strongly advise against it. While this was a highly common backup plan in the past, the new rule precisely blocks this path, explicitly restricting international students from using F-1 status to pursue another degree at the same or a lower educational level after completing a program.
In practice, although pursuing a completely different discipline for a "second master's" might theoretically leave a narrow window of opportunity, it has become a highly uncertain and risky path. When filing an I-539 extension, USCIS will strictly scrutinize your motivations. You will need extensive supplementary materials to prove "why it is an absolute academic necessity at this stage of your life to change majors and repeat a degree at the same level." Once an immigration officer determines that you "lack reasonable academic progression" or are "merely trying to work while maintaining status," your application faces an outright denial, resulting in the complete loss of your legal status.
Q3: I am graduating soon. Will the new policy affect my OPT application?
Yes, and the process may become very tricky; many will face the dilemma of a "dual application."
Under the new fixed-term framework, your 4-year legal stay will likely expire before graduation or before your OPT ends. This forces you to concurrently file two applications with USCIS: an I-539 (to extend your legal stay) and an I-765 (for OPT work authorization). This means double the filing fees and long waits, but more dangerously, it carries a fatal linked risk—if your I-539 extension is denied due to a flawed application, even if your OPT is approved, the work authorization becomes useless because you have lost your underlying legal basis to remain in the U.S.
Q4: Are there any changes to the Grace Period after graduation?
There is a major change. The Grace Period for F-1 students after graduation has been slashed in half from a comfortable 60 days to just 30 days. This means once your studies or OPT end, you only have one short month to find a job, file a change of status application, or pack up and return home. The margin for error is extremely low.
Q5: I am currently enrolled and my I-94 still says "D/S." Do I need to leave the country immediately when the new rule takes effect on Sept 15?
No, you do not need to leave immediately. The new rule provides an automatic transitional safeguard.
As long as you are already studying in the U.S. before September 15, your "D/S" status will automatically transition to the new fixed-term system. The maximum limit for your legal stay will be locked at: no more than 4 years starting from the rule's effective date (September 15, 2026) (meaning at the latest, September 15, 2030). However, please note that if your program is lengthy and you are scheduled to graduate after 2030, you must consult a professional attorney early to file an extension with USCIS before this 4-year deadline arrives.
Q6: Faced with such strict policies, how should international students plan ahead?
First, abandon a wait-and-see mentality. Push all timelines for status-related applications significantly forward (start preparing at least six months in advance) to leave ample room for potential USCIS RFEs and lengthy processing times.
Second, discard the habit of "getting an easy master's just to maintain status." If you have accumulated professional experience in academia, research, arts, or business, we recommend evaluating your eligibility for an O-1 extraordinary ability visa or directly initiating an EB-2 NIW (National Interest Waiver) green card petition as early as possible. The sooner you step outside the limitations of F-1 status, the more initiative you will hold in your future career development in the U.S.
About LYD Law
In an environment full of uncertainty, proactive strategy outpaces passive reaction. LYD Law consistently upholds a sincere and pragmatic approach, dedicated to providing clear, long-term strategic planning for every client. We understand the anxiety and confusion that accompany each policy shift. Therefore, we focus on helping you look beyond immediate hurdles, identifying and tailoring long-term, lottery-exempt alternatives like the O-1 extraordinary ability visa or EB-2 NIW (National Interest Waiver) early on. We are not just your legal counsel; we are your steadfast partner in your professional journey in the U.S. No matter how the road ahead changes, LYD Law will utilize our solid professional expertise and deep sense of responsibility to plan ahead and safeguard your future.
