NO More Duration of Status (D/S) for F, I and M

The RP Law Firm is a trusted U.S. immigration law firm guiding international students, exchange visitors, media professionals and their families through changes in status and long-term planning. For over three decades, two letters on the Form I-94 gave students a rare kind of peace of mind: “D/S.” Keep studying, keep complying, and your stay stayed valid. From 15 September 2026, those two letters are being replaced by a hard calendar date — and that date will decide everything.

What “No More D/S” Actually Means

On 17 July 2026, the Department of Homeland Security (DHS), through U.S. Immigration and Customs Enforcement (ICE), published a final rule in the Federal Register (90 FR 44976) that eliminates the longstanding “duration of status” (D/S) admission framework for F academic students, J exchange visitors and I foreign media representatives. published a final rule ending duration of status admission. The new rule, “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Non-immigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media,” replaces the flexible, program-length D/S admission period with fixed, time-limited periods of admission and a new formal extension of stay (EOS) process administered by U.S. Citizenship and Immigration Services (USCIS). The rule is effective September 15, 2026, subject to congressional review as a major rule

Key provision of the Final rule:

1. F students are admitted for the program length on the Form I-20, capped at four years or the length of their program.
2. J exchange visitors receive a comparable fixed period tied to the Form DS-2019, also capped at four years from the program start date and not from the date the non-immigrant enters United states.
3. I representatives of foreign information media are generally limited to 240 days.
4. Shorter departure grace period. The post-completion/post-program departure grace period for F-1 students is reduced from 60 days to 30 days. A student who completes (or ceases) a course of study or training early must depart the United States, or timely take action to maintain or change status, within 30 days
5. F, J and I nonimmigrants who require additional time beyond their fixed admission period must file Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS before their authorized period of stay expires.
6. Staying past the admit-until date without an approved extension starts the accrual of unlawful presence, which can lead to three-year or ten-year bars on returning.
7. M-1 vocational students are not part of this rule, because M students were already admitted for a fixed period rather than duration of status.

The practical lesson is the same for every category: your I-94 date, not your school's calendar, now governs your lawful stay.

The Extension of Stay Requirement

For anyone whose program runs past four years — doctoral candidates, students who change research direction, those with medical interruptions — the extension request becomes routine and unavoidable.

DHS has been clear that not every delay qualifies. Compelling academic or programmatic reasons documented medical conditions and circumstances outside the applicant's control are generally acceptable. Delays caused by academic probation, suspension, or a pattern of failing to complete coursework are specifically identified as unacceptable grounds.

Tighter Limits on Transfers and Program Changes

The rule also restricts academic mobility for F-1 students at 8 C.F.R. §214.2(f)(5)(ii):

• Below graduate level: you must complete your first academic year at the school that issued your original Form I-20 before transferring or changing your major or educational level, unless SEVP approves an exception for genuine extenuating circumstances.
• Graduate level: changing your educational objective is prohibited at any point, with no exception available. Transfers are barred unless SEVP grants an exception.
• No repeating a level: you may move upward from bachelor's to master's to doctorate but not complete two programs at the same level or step down to a lower one. Double majors are allowed only if you enrol in both from the start.
• English language training is capped at 24 months as a lifetime limit, counting vacations and breaks.

Programs completed before 15 September 2026 do not count against the same-level restriction or the language cap.

What Current Students Should Know

DHS has provided a 60-day transition period before the new rule takes effect on September 15, 2026. The transition provisions are designed to provide some protection for individuals who are already in the United States in Duration of Status (D/S).

• Current F-1 and J-1 Students and Exchange Visitors: Individuals in valid D/S status as of September 15, 2026, may generally remain until the program end date on their Form I-20 or DS-2019, or September 15, 2030, whichever comes first. A corrected Form I-94 is not required solely because of this transition.
• International Travel: After September 15, 2026, an F-1 or J-1 individual who travels outside the United States and returns will generally be admitted with a specific expiration date on Form I-94 instead of D/S.
• OPT and STEM OPT Transition Relief: Certain F-1 students who timely file Form I-765 for post-completion OPT or STEM OPT on or before March 18, 2027 will not be required to separately file an extension-of-stay application solely because of the new fixed-admission framework.

Cap-Gap and Change of Status

The final rule does not change the existing H-1B cap-gap protections available to qualifying F-1 students.

However, students with a pending change of status application should be particularly careful about international travel. Under the rule, departure from the United States while a change of status application is pending will result in the change-of-status request being considered abandoned.

Because travel, OPT applications, and changes of status may have different consequences under the new system, F-1 and J-1 nonimmigrants should carefully review their immigration documents and seek guidance before making international travel or status-related decisions.

The end of duration of status is the most significant shift for student and exchange visitor categories in a generation. Fixed admit-until dates, mandatory extension filings, a shorter grace period and firm limits on transfers mean choices that were once routine now carry immigration consequences. The duration of status rule takes effect on 15 September 2026, and preparation before that date is worth far more than reaction afterwards.

If you have any questions about this, please contact us at info@therplaw.com or call us at 770-744-3378.

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice.

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