For decades, international students, exchange visitors, and foreign media representatives have enjoyed a unique flexibility when coming to the United States. Under the longstanding "Duration of Status" (D/S) policy, these individuals were legally allowed to remain in the country for as long as it took to complete their studies or assignments, without ever needing to file a formal extension with the government.
On September 15, 2026, this era of flexibility will officially come to an end.
The Department of Homeland Security (DHS) is implementing a sweeping final rule that completely eliminates the D/S policy. Going forward, the authority to review, approve, and extend your legal status will shift from your university’s international office directly to the strict federal oversight of U.S. Citizenship and Immigration Services (USCIS). This monumental shift introduces fixed expiration dates, rigorous extension processes, and severe penalties for compliance failures. Here is what you need to know to navigate this new landscape safely.
The Shift to Fixed Admission Periods
Under the new regulation, border officers will no longer stamp "D/S" on your I-94 arrival record. Instead, every F, J, and I visa holder will be assigned a specific, fixed expiration date upon entry.
For most F-1 students and J-1 exchange visitors, this admission period is capped at the length of their academic program, but it will never exceed four years. Certain groups face even stricter limits; for instance, students enrolled in English language training programs are restricted to a lifetime maximum of 24 months, and foreign media representatives are generally capped at 240 days per admission.
When your academic program requires more time than your fixed admission period allows—such as a Ph.D. program extending into its fifth year, or a period of post-graduation Optional Practical Training (OPT)—your university can no longer simply print a new I-20 to keep you in valid status. You must now file a formal Form I-539 application with USCIS to request an extension of stay. This means paying federal filing fees, potentially attending biometrics appointments, and waiting months for government approval. Furthermore, you will need to provide highly documented academic justifications, such as unexpected research delays or medical issues, to prove your need for extra time.
Stricter Academic Roadblocks and Shorter Grace Periods
The new rule fundamentally alters how international students can navigate their academic careers in the U.S. One of the most severe changes is the strict prohibition on pursuing a new degree at the same or a lower educational level once you have already completed a program. This effectively eliminates the common strategy of enrolling in a "second master's" program to maintain status after missing the H-1B lottery.
Additionally, the freedom to change academic paths has been drastically curtailed. Undergraduate students are barred from changing their major or educational program during their first year of study. For graduate students, the rules are even harsher: they are prohibited from changing their major, program, or transferring to a new school at any point during their studies, unless they can demonstrate truly exceptional circumstances.
The margin for error after graduation has also shrunk. The standard 60-day grace period that F-1 students traditionally relied on to pack up, change status, or secure employment has been slashed in half. Under the new rule, you will only have 30 days after your program or OPT ends to depart the country or file a change of status.
The Immediate Threat of Unlawful Presence
Historically, international students were somewhat shielded from accruing "unlawful presence"—a severe immigration penalty—unless a judge or USCIS formally declared they had violated their status. The new regulation removes this safety net entirely.
Now, just like other temporary visa holders, you will begin accruing unlawful presence the very day your fixed admission period expires if you have not filed a timely extension. Accruing more than 180 days of unlawful presence triggers an automatic three-year ban from re-entering the United States, while a full year of unlawful presence results in a devastating ten-year ban. Strict compliance with your specific I-94 expiration date is now an absolute necessity.
Transition Protections for Current Students
If you are already in the United States and actively maintaining your legal status before the rule takes effect on September 15, 2026, DHS has provided several transitional protections.
You will not need to leave the country immediately. Your current D/S status will automatically convert to the new fixed-term system. Your legal stay will be authorized until the end date on your current I-20 or DS-2019, up to a maximum of four years from the rule's effective date. Furthermore, existing F-1 students will be allowed to keep their original 60-day grace period at the end of their current academic program. Finally, if you completed a degree prior to September 15, you are grandfathered in and exempt from the rule banning enrollment in a second degree at the same or lower level.
However, these transition rules only buy time. Ultimately, the landscape of U.S. immigration for students and scholars has fundamentally changed. Planning ahead, filing extensions months in advance, and seeking robust legal guidance will be the only ways to ensure your American journey continues without interruption.