A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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Showing posts with label duration of status. Show all posts
Showing posts with label duration of status. Show all posts

Saturday, July 18, 2026

The End of "Duration of Status": The New F-1 Visa Rule

If you are an international student studying in the U.S., you must take note of a new rule governing how long F-1 students can remain in the country.  On July 17, 2026, the Department of Homeland Security (DHS) published a final rule that has ended the long-standing policy of admission for "Duration of Status" (D/S).  Instead, starting September 15, 2026, when the new rule takes effect, F-1 students will be admitted for fixed periods only. 

This is a massive shift, and feeling anxious about what it means for your degree or your postgraduate plans is completely understandable. Let's break down exactly what this rule changes, why it matters, and how you can protect your F-1 status moving forward.

What Actually Changed

For decades, F-1 students were admitted to the U.S. for "D/S" — meaning you could stay as long as you were maintaining your student status, even if your program took longer than originally expected. The new rule replaces this flexibility with strict deadlines:

  • Four-Year Hard Cap: Students will now be admitted only until their program end date, with a maximum limit of four years. If your degree takes longer (like many PhD or medical programs), you will no longer have automatic buffer time.

  • Extensions Require USCIS Approval: If you need more time to finish your degree or start Optional Practical Training (OPT), your university's Designated School Official (DSO) can no longer simply update your I-20. You must formally file an Extension of Stay (EOS) via Form I-539 with U.S. Citizenship and Immigration Services (USCIS). This involves filing fees, biometric vetting, and background checks.

  • Shorter Grace Period: The post-completion grace period to leave the country, transfer schools, or change status has been cut in half — from 60 days to 30 days.

  • Strict Program Restrictions: Graduate students are generally prohibited from changing their educational objectives and can only transfer schools if granted a federal exemption for "extenuating circumstances". Furthermore, after finishing a program, students must progress to a higher degree level rather than pursuing another degree at the same or a lower level.

Impact of the New Rule

This rule represents a massive transfer of oversight from university educators to federal immigration authorities. The administration framed this change as a national security measure to prevent "visa abuse" and stop individuals from perpetually enrolling in courses to stay in the U.S. indefinitely.

However, the reality for genuine students is a significantly higher administrative burden. The traditional D/S system recognized that academic progress is rarely perfectly linear — research gets delayed, majors change, and graduate degrees often take longer than four years. Now, any deviation from your initial timeline transforms a simple academic advising issue into a federal immigration hurdle. Extensions are no longer a "rubber stamp"; DHS reviews each request fresh, and USCIS has the full discretion to deny it.

How to Avoid a Status Violation

The stakes for maintaining your legal status are now much higher. If you overstay your fixed admission date without filing a timely extension, you immediately begin accruing "unlawful presence," which can carry severe long-term immigration consequences. Here is how you can protect yourself:

  1. Check Your I-94 Relentlessly. If you travel internationally and re-enter the U.S. after September 15, 2026, your new I-94 will have a specific expiration date instead of "D/S". Memorize this date and set calendar reminders months in advance.

  2. File Extensions Early. If you need an Extension of Status for graduation or to begin OPT, do not wait. You must file for extension before your current authorized stay expires. As long as your filing is timely, you can legally continue studying while USCIS processes the application.

  3. Plan Academic Changes Carefully. Since transferring or changing your major (especially at the graduate level) now faces strict federal guardrails, you need to map out your academic trajectory early. If you are contemplating a transfer, consult your DSO long before making any academic moves.

  4. Understand the Transition Rules. If you are already in the U.S. under D/S when the rule takes effect on September 15, 2026, you can generally remain until the program end date on your current I-20 (or the end of your valid OPT) without needing to file an EOS. However, if you travel abroad and re-enter after that date, you will be subjected to the new fixed-date system immediately upon your return.

While this creates new logistical hurdles, careful planning and close communication with your university's international student office will be your best defense.  

(Immigration laws and policies change regularly.  If you have any questions regarding  this article, please visit www.1visa1.com to schedule a legal consultation.)  

Wednesday, September 3, 2025

The End of "Duration of Status"

 



The Department of Homeland Security (DHS) has proposed a major rule change that would end the long-standing practice of "duration of status" (D/S) for F-1 foreign students and J-1 exchange visitors. Instead, international students and exchange scholars would be admitted to the U.S. for a set period, generally capped at four years, after which they would need to apply for an extension or depart the country.

Key Points of the DHS Proposal


End of "Duration of Status" (D/S): F-1 and J-1 visa holders are currently admitted for as long as they maintain full-time enrollment or participation in approved activities, without a set end date. 

Fixed Period Admissions: Under the proposal, admission would match the program end date listed on Form I-20 (for F-1) or DS-2019 (for J-1), but not exceed four years, plus a short grace period (30 days for departure).

Extensions Required: Students or scholars needing additional time must apply directly to DHS for an extension of stay before their authorized period ends.

Transition for Current Students/Visitors: Those already in the U.S. on D/S could remain until their program end date, but for no more than four years from the rule’s effective date, and would also need to seek an extension to stay longer.

Shorter Grace Period: The F-1 visa grace period after program completion would be cut from 60 days to 30 days, matching the J-1 and M-1 categories.

Other Related Changes: The proposal also adjusts rules on multiple degrees, changes of schools or programs, and the accrual of unlawful presence.


Impact of the Proposed Change


The new rule increased uncertainty for international students, particularly those in longer programs or seeking Optional Practical Training, would face uncertainty and must plan for mid-program status extensions.

There is also the issue of program duration mismatches.  The National Center for Education Statistics finds the median time to complete a bachelor's degree in the U.S. is about 4.3 years, and the median for a Ph.D. is nearly 5.7 years, so many students would be impacted by the four-year cap.  More frequent extension requests would increase workload for both students and university administrators.  The USCIS' workload will also increase.

What's Next


The DHS proposal, if implemented, would mark a fundamental change to U.S. visa policy for international students and scholars, introducing fixed deadlines and potentially reshaping the global landscape for higher education.  The rule is open for public comment until September 29, 2025, and educational institutions and advocacy groups are expected to weigh in.  Although there may be some minor changes to the proposal, the main portions of the rule will likely be implemented.  International students and scholars should plan their immigration journey accordingly. 


(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)