The Department of Homeland Security submitted a final rule to the White House Office of Management and Budget on May 5, 2026, that would eliminate “duration of status” admission for F-1 students, J-1 exchange visitors, and I-visa foreign media representatives. Once OMB clears the rule and it publishes in the Federal Register, affected nonimmigrants will receive a fixed expiration date on their Form I-94 rather than the open-ended “D/S” stamp that has governed student immigration for decades. DHS expects the rule to take effect 60 days after Federal Register publication, with September 2026 as the earliest plausible start date for new entrants.

The shift is one of the most significant procedural changes to the student visa system in a generation. Under the current framework, F-1 students are admitted for the duration of their program plus any authorized practical training, and a DSO simply updates the student’s SEVIS record when circumstances change. Under the proposed system, students would have a hard expiration date, and anyone who needs more time must file a formal Extension of Stay with USCIS, pay a fee, and appear for biometrics. Getting the extension wrong — or filing late — carries the same unlawful-presence consequences that apply to most other nonimmigrant categories.

The proposed rule drew more than 34,800 public comments before the September 29, 2025 comment deadline, the overwhelming majority in opposition. Universities, international student advisers, and immigration attorneys argued that the new filing burden would deter students from choosing the United States. DHS reviewed those comments and still advanced the rule to final status, signaling that OMB review is the last procedural gate before publication.

For context on how F-1 visa duration currently works, students today are admitted in D/S status, meaning their lawful stay is tied to maintaining a full course of study and complying with SEVIS requirements. There is no date on the I-94 for a student to track or renew. That simplicity is exactly what the new rule eliminates.

The USCIS director has been a vocal supporter of tightening controls on international student programs. Joseph Edlow, confirmed as USCIS director, has pushed for ending optional practical training for students, and the D/S rule fits that broader posture. Both proposals shift power from schools and DSOs to USCIS adjudicators.

The rule also intersects with ongoing legislative pressure. OPT has faced sustained legislative attacks in Congress, and the D/S elimination would add a new compliance layer that could push some students to pursue other work authorization routes or consider alternative destinations before OPT itself is resolved.

What “Duration of Status” Actually Means Today

“Duration of status” is the admission category that appears on an F-1 or J-1 student’s Form I-94 arrival record. Unlike a tourist visa, which stamps an exact departure date, D/S means the student is lawfully present as long as they maintain status: enrolled full-time, complying with program conditions, and keeping their SEVIS record current. The system has been in place since the 1950s and was extended over successive administrations because it worked: schools could manage extensions, transfers, and program changes through their international offices without routing every change through USCIS.

The practical effect of D/S is that an F-1 student completing a four-year undergraduate degree followed by a one-year master’s program could remain in the country for five or six years without ever filing a status-extension petition. DSOs handled administrative updates in SEVIS, and USCIS involvement was reserved for more complex situations like change of status or reinstatement after a violation.

D/S also meant that a student did not begin accruing “unlawful presence” simply by being in the country. Under current rules, unlawful presence for F and J nonimmigrants begins only after a formal finding of a status violation by USCIS or an immigration judge. That protection disappears under the proposed rule: once a fixed admission period expires, the clock starts immediately.

What the Fixed-Stay Rule Proposes

The August 28, 2025 proposed rule set out a tiered system of fixed admission periods. Most F-1 and J-1 nonimmigrants would receive admission periods tied to their program end date as listed on their Form I-20 or DS-2019, capped at a maximum of four years. Students in English or foreign language training programs face a stricter cap of 24 months, including any vacation or break periods. I-visa foreign media holders would receive a maximum 240-day admission period, except Chinese passport holders from mainland China, who would receive a maximum of 90 days.

These caps matter most for students in longer programs. A doctoral student whose program runs six or seven years would hit the four-year ceiling and need to file a formal extension to cover the remaining years. The proposed rule allows F-1 students with a timely-filed, pending extension application to continue on-campus employment for up to 240 days while the case is pending, a provision modeled on similar protections for H-1B workers. But that protection only applies if the student files before the I-94 expires.

The Extension-of-Stay Burden: Form I-539 and Biometrics

Under the proposed rule, any F-1 or J-1 nonimmigrant whose program runs longer than their fixed admission period must file Form I-539 — the Application to Extend/Change Nonimmigrant Status — before the I-94 expiration date. The filing carries a base fee of $470 and requires a biometrics appointment at an Application Support Center. Unlike the current DSO-managed process, which is an administrative update, the I-539 goes through USCIS adjudication. The proposed rule removes the regulatory basis for USCIS to defer to earlier approval decisions, meaning the agency has broad discretion to re-examine underlying eligibility at every extension cycle.

The practical consequences are significant. USCIS currently has substantial backlogs on I-539 filings. Immigration law firms and university advisers have warned that adding hundreds of thousands of student extension filings annually could create wait times of many months, creating gaps between program continuation and adjudication. Students with pending timely-filed applications would retain authorized stay and, for F-1 students, on-campus work authorization for up to 240 days. But that window could close for students waiting more than eight months, which is not unusual for USCIS adjudication of complex form types.

If USCIS denies an extension, unlawful presence begins accruing the day after the denial. Overstaying more than 180 days triggers a three-year bar from the United States. Overstaying more than one year triggers a ten-year bar. Those are the same bars that apply to other nonimmigrant overstays, and they apply to the full re-entry ban, not just to future student admissions.

Grace Period Cut in Half for F-1 Students

Currently, F-1 students have 60 days after completing their program to depart, apply for Optional Practical Training, change to another nonimmigrant status, or transfer schools. Under the proposed rule, that window shrinks to 30 days. J-1 exchange visitors already have a 30-day grace period, so the J-1 grace period is not changing.

Thirty days is a tight window for the actions students typically take at program completion. An OPT application takes time to prepare and requires a DSO I-20 endorsement before filing. A change-of-status petition, say from F-1 to H-1B cap-exempt or to another visa category, involves more documentation still. Students who miss the 30-day window and have not filed a timely petition would begin accruing unlawful presence immediately, unlike the current system where a late-filed OPT application does not automatically trigger an unlawful-presence clock.

For students considering transitions between programs or visa types, the compressed timeline demands early planning. Students switching between F-1 OPT status and J-1 visa programs currently have time to research and file; under the new rule, the 30-day ceiling applies from the moment the program ends.

Unlawful Presence: The Sharpest Change

The unlawful-presence provisions represent the sharpest departure from current practice. Today, a student who falls out of status, perhaps by dropping below full-time enrollment, does not start accruing unlawful presence until USCIS or an immigration judge makes a formal finding. That protection gives students time to identify the problem, consult with their DSO, and potentially seek reinstatement. Reinstatement is a discretionary process, but it is available and routinely granted for students who promptly address unintentional violations.

Under the fixed-admission system, a student whose I-94 expires without a pending extension has no such buffer. Unlawful presence begins the next day. Even if the student is fully enrolled and meeting all program requirements, the mechanical expiration of the I-94 date is enough to trigger the clock. The proposed rule makes no exception for students who are in full compliance with their academic program but simply missed the administrative filing deadline.

This is a departure from how other admission categories work as well. For most nonimmigrants, unlawful presence accrues the day after the authorized period of admission ends, which is exactly what DHS proposes to impose on F, J, and I holders. The administration has framed the change as standardization; critics say it converts an administrative oversight into an immigration penalty with lifetime consequences.

Program Change Restrictions

The proposed rule introduces strict limits on academic program changes. Undergraduate F-1 students would be barred from changing their degree program, major, or educational level within the first year of their initial program. Limited exceptions would apply for extenuating circumstances, though the rule does not define those exceptions with precision.

Graduate students face a stricter standard: the proposed rule would bar any program change at the graduate level or above, at any point during the program. A graduate student who discovers a better-fit doctoral program after their first year could not switch without leaving F-1 status. Additionally, students who complete one F-1 program and wish to pursue another at the same or a lower educational level would be barred from obtaining new F-1 status for that purpose. Movement is permitted only to a higher educational level, meaning a student who finishes a master’s degree can pursue a doctorate, but not a second master’s or a post-baccalaureate certificate.

For J-1 exchange visitors, the program-change restrictions mirror the framework governing J-1 program eligibility more broadly, but the addition of a fixed admission period means that any mid-program change that lengthens the stay beyond the I-94 date also triggers the extension filing process.

Effective-Date Mechanics: Who Gets Affected and When

The final rule becomes effective 60 days after publication in the Federal Register. As of late May 2026, OMB review is the only remaining gate. OMB reviews of significant rulemakings typically take 30 to 90 days, though they can be shorter when an administration treats a rule as a priority. If OMB clears the rule by early July 2026, a Federal Register publication in late July would yield a late-September 2026 effective date, covering students who begin new programs in the fall 2026 term.

Whether the rule applies to students already in the United States on D/S status remains an open question. The final rule text will include transition provisions, but those provisions were not publicly available as of this writing. Immigration attorneys have flagged this as one of the highest-stakes implementation questions: if the rule applies retroactively to all current D/S students, millions of people would need to track and potentially file extensions within a short window. If the rule applies only to new entrants, the impact would phase in gradually. The proposed rule as published in August 2025 was silent on this point, and advocates have pushed DHS to commit to a grandfather provision in the final text.

What F-1 and J-1 Students Should Do Right Now

The rule has not yet published. D/S remains the applicable standard for all current students, and any action based on the proposed rule would be premature from a legal standpoint. But the administrative preparation is worth starting now.

Track your I-20 and DS-2019 end dates. If the final rule applies to existing students and ties the I-94 expiration to the program end date on your I-20 or DS-2019, knowing those dates precisely tells you your compliance window. Students whose programs extend beyond four years from their initial entry date should identify that milestone and flag it with their DSO now.

Know the Form I-539 timeline. Once the rule is in effect, extensions require a filed I-539 before the I-94 expires. Filing several months in advance of the expiration date — as USCIS currently recommends for most pending-status situations — is a reasonable planning baseline given processing times. Waiting until 30 days before expiration is too late in a system with documented backlogs.

Consult your DSO and an immigration attorney. DSOs at most universities are already fielding questions about this rule. If your program, funding situation, or academic trajectory is complex — multiple degrees, a gap year, a change of research focus — a consultation now can identify whether the transition provisions affect you and what planning steps make sense. The final rule text, once published, will contain the authoritative transition provisions that determine whether current D/S holders are grandfathered.

Watch the Federal Register. The rule will publish at federalregister.gov under the USCIS and DHS docket. The 60-day effective date runs from publication, not from OMB clearance. Subscribing to Federal Register alerts for DHS rulemakings is the most direct way to know when the clock starts.

Do not depart early or make irreversible decisions based on speculation. Several students have asked advisers whether they should shorten their programs to stay under a four-year ceiling. The answer, until the final text publishes, is no. The transition provisions could allow current students to complete their existing programs under D/S. Any early departure or program truncation based on a rule that is not yet final could cause unnecessary disruption and potential loss of OPT eligibility.

Frequently Asked Questions

What is duration of status for F-1 students?

Duration of status (D/S) means an F-1 student is lawfully present as long as they maintain full-time enrollment and comply with SEVIS requirements, with no fixed expiration date on the Form I-94. The proposed DHS rule would replace D/S with a hard expiration date capped at 4 years.

When does the DHS fixed-stay rule take effect for F-1 and J-1 students?

DHS submitted the final rule to OMB on May 5, 2026. The rule takes effect 60 days after Federal Register publication. If OMB clears it by summer 2026, the earliest effective date is fall 2026, covering new entrants beginning that semester.

How long is the fixed admission period under the proposed rule?

Most F-1 and J-1 students would receive admission periods tied to their program end date on their I-20 or DS-2019, capped at a maximum of 4 years. English or foreign language training students face a stricter 24-month maximum, including vacation periods.

What form do students need to file to extend their stay?

Students who need more time beyond their fixed I-94 expiration date must file Form I-539 (Application to Extend/Change Nonimmigrant Status) with USCIS before the I-94 expires. The filing carries a $470 base fee and requires a biometrics appointment at a USCIS Application Support Center.

What happens if an F-1 student overstays under the new rule?

Under the proposed rule, unlawful presence begins automatically the day after the I-94 expiration. Overstaying more than 180 days triggers a 3-year bar from re-entering the United States; overstaying more than 1 year triggers a 10-year bar.

Does the F-1 grace period change under the fixed-stay rule?

Yes. The post-completion grace period for F-1 students would be cut from 60 days to 30 days. J-1 exchange visitors already have a 30-day grace period, so no change applies to them. The 30-day window covers departure, OPT applications, status changes, or school transfers.

Can F-1 students change their major or program under the new rule?

Undergraduate F-1 students would be barred from changing degree programs, majors, or educational levels in their first year. Graduate students would face a complete prohibition on program changes at any point. Program moves to a lower or equal educational level would be blocked; only advancement to a higher level is permitted.

Does the rule apply to current F-1 students already in the US?

The proposed rule text published in August 2025 did not specify transition provisions for existing D/S holders. The final rule text, once published, will contain authoritative transition rules. Immigration attorneys and universities are urging DHS to include a grandfather provision for current students.