DHS Publishes Final Rule Ending "Duration of Status" for F-1 Students— What Employers and International Students Need to Know
On July 17, 2026, the U.S. Department of Homeland Security published a final rule in the Federal Register eliminating "duration of status" (D/S) admission for F-1 academic students, J-1 exchange visitors, and most I nonimmigrants (representatives of foreign information media), replacing it with a fixed period of admission. The rule takes effect September 15, 2026. This alert summarizes what is changing, who is affected, and what employers and students should be doing now.
Background: What D/S Has Meant
Since the 1990s, F-1 students (and J-1 exchange visitors) have been admitted to the U.S. for "Duration of Status" (D/S) rather than a fixed end date. Under D/S, a student's Form I-94 carries no expiration date — the student remains in lawful status as long as they are enrolled full-time and complying with the terms of their program. Program extensions have historically been handled administratively by a school's Designated School Official (DSO), without any USCIS filing.
What is Changing
Effective September 15, 2026, F-1 students will no longer be admitted for D/S. Instead:
- Fixed admission period.F-1 students will be admitted for up to the length of their program as specified on Form I-20, not to exceed four years, or the end date of the approved employment authorization on the student’s OPT or STEM OPT Employment Authorization Document (EAD), whichever is earlier.
- Extensions must go through USCIS.A student who cannot complete their program within the initial admission period or need more time to engage in post-completion OPT or STEM OPT will need to file an Extension of Stay (EOS) application using Form I-539 with USCIS (or apply for readmission to the U.S. at a port of entry). Acceptable reasons for requesting additional time include: (1) compelling academic reasons, (2) a documented illness or medical condition, or (3) exceptional circumstances beyond the student’s control.
- Shorter grace period.The current 60-day post-completion grace period will be shortened to 30 days. This is the window during which a student may prepare to depart the U.S. or apply for a change of status (including after OPT/STEM OPT).
- New limits on academic flow.The rule imposes restrictions on changes of majors and schools.
Transition Provisions for F-1 Students Currently in the U.S. with D/S
F-1 students who were admitted for D/S and are maintaining F-1 status on September 15, 2026, will be authorized to remain in the U.S. until the program end date on their current Form I-20 or the end of their OPT or STEM OPT — not to exceed four years from the effective date of September 15, 2026 — plus an additional 60 days to depart or change status. F-1 students who need more time beyond this transition period must file an EOS application with USCIS.
F-1 students who were admitted for D/S and timely file Form I-765 for post-completion OPT or STEM OPT on or before March 18, 2027, are not required to file a separate EOS application for the requested OPT or STEM OPT period. If USCIS approves the EAD, the student's F-1 stay is authorized through the EAD expiration date plus 60 days.
What Employers Need to Know/Do
- I-94 dates now matter for F-1 employees the way they already do for other nonimmigrant categories.HR and immigration teams should begin tracking I-94 "admit until" dates for F-1 employees the same way they track H-1B and other status expiration dates and identify F-1 students’ program end dates and OPT end dates to ensure they file EOS applications, if needed.
- Post-Completion OPT and STEM OPT. Unless exempted under the transition provisions, F-1 students partaking in post-completion OPT and STEM OPT must apply for both an EOS and OPT. F-1 students filing for STEM OPT remain eligible for the 180-day automatic extension of their post-completion OPT EAD while their STEM OPT application is pending, provided the STEM OPT application was filed before OPT expiration.
- H-1B cap-gap provisions for F-1 students remain unchanged. F-1 students who are beneficiaries of a timely filed cap-subject H-1B change of status petition do not need to apply for an EOS and may remain in the U.S. in F-1 status until the approval of the H-1B petition.
What F-1 Students Need to Know/Do
- Review SEVIS records. Now that program end dates will mark the student's admission period end date, students must be aware of that date and file EOS applications as needed.
- File EOS applications with OPT applications. Unless exempted by the transition provision discussed above, F-1 students recommended for post-completion OPT must apply for both the OPT employment authorization and an EOS application.
Stay Updated
Watch for the SEVP Webinar (scheduled for August 31, 2026) and forthcoming agency guidance, since implementation details are still being clarified. Additionally, legal challenges are considered likely. Employers and students should monitor such developments while planning to comply with the new rules taking effect on September 15, 2026.
Bottom Line
After more than three decades of open-ended D/S admission, F-1 students (and J-1 exchange visitors) will soon be admitted for a fixed period tied to their program end date, with extensions handled through a formal USCIS filing rather than DSO discretion, and a shorter 30-day grace period after program completion. Employers of F-1 workers and F-1 students themselves should use the time before the September 15th effective date to review the student’s current program end date and prepare for the new extension process.