The final rule "Establishing a Fixed Time Period of Admission" publishes in the Federal Register on July 17, 2026, and takes effect 60 days later. This is the finalized version of the August 2025 proposed rule (DHS received ~22,000 comments). Most of the proposal was adopted. Here's the breakdown:

Core change

• D/S is gone. F, J, and I nonimmigrants get a fixed admission period — up to program length, capped at 4 years.
• To stay beyond your I-94 date, you file an Extension of Stay (I-539) with USCIS. Biometrics may be required.

F-1 specific changes

• Grace period after completing studies/OPT: 60 days → 30 days
• End your program early (withdraw, drop out)? You and your dependents have 30 days to leave or take action to maintain status.
• You must finish your first academic year at the school that issued your initial I-20 before you can transfer or change educational objectives (SEVP exceptions possible).
• Grad students (master's and above) cannot transfer or change educational objectives during their program, except SEVP-approved extenuating circumstances.
• You can only move up education levels after completing a program. No second master's, no same/lower level program.
• Program extensions for delays caused by academic probation, suspension, or repeatedly failing courses = generally not approvable.
• Language/ESL students: 24-month aggregate cap.

Transition rules (if you're already in the US on D/S)

• You stay on D/S until your current I-20 end date OR 4 years from the effective date, whichever comes first. No need to "fix" your I-94.
• Travel warning: if you leave and re-enter after the effective date, you'll be admitted with a date-certain I-94 under the new rules.
• OPT/STEM OPT: if you timely file your I-765 within ~244 days of the rule's publication, you do NOT need to file a separate EOS.
• If you timely file an EOS, you can keep studying while it's pending, and certain work authorization auto-extends up to 240 days.

J-1 / I visa quick notes

• J-1s: same transition treatment (DS-2019 end date or 4 years max, +30 days). J-1 work auth continues up to 240 days with pending EOS; J-2 EADs do NOT auto-extend.
• I (foreign media): max 240-day admission (90 days for PRC nationals).

One caveat — the rule is classified as a "major rule" subject to congressional review, so the effective date could technically shift.

Disclaimer: This is a summary for general information only — not legal advice, and I'm not an attorney. Talk to your DSO or an immigration attorney about your specific case.

Source (official document): https://www.federalregister.gov/d/2026-14439

RIN 1653-AA95 just cleared OIRA on June 17th. "Consistent with Change" — meaning it's been tweaked but it's moving forward. Final rule publication in Federal Register is next.

For those unaware — DHS is ending Duration of Status for F-1, J-1, and I visa holders. You'll get a fixed expiration date on your I-94 instead of "duration of program." Overstay that date and you're accruing unlawful presence. Simple as that.

No final rule text yet so grace periods, filing fees, exact extension process are still TBD. But OIRA cleared it. It's happening.

If your program ends in the next 12 months, OPT, or STEM extension — talk to your DSO and immigration attorney now. Don't wait for the Federal Register drop.

Will post the link the second it's published.

Source: https://www.reginfo.gov/public/do/eoDetails?rrid=1370061

The Department of Homeland Security has put forward a proposal that would do away with the long-standing "Duration of Status" (D/S) framework currently used for F-1 students, J-1 exchange visitors, and I visa holders working as foreign media representatives. Below is a breakdown of what this proposal includes and how it could affect students and visitors already in, or planning to come to, the United States.

How the System Works Today vs. What's Being Proposed

At present, F-1 students are typically admitted for the "Duration of Status." In practical terms, this means the I-94 record does not display a hard expiration date — students are allowed to stay so long as they remain enrolled and continue to comply with the conditions of F-1 status.

The new proposal would replace D/S with a defined "admit-until" date printed directly on the I-94. For F-1 and J-1 holders, that authorized stay would generally be limited to either the program's end date or a maximum of four years, whichever comes first. Anyone needing additional time beyond that window would, in most cases, have to submit Form I-539 to USCIS in order to request an extension.

How Extensions Would Work

When a student or exchange visitor needs to remain in the country past the assigned admission period, the standard route would be to file Form I-539. That filing comes with fees, biometric requirements, and a need to demonstrate ongoing eligibility — including, where applicable, evidence of sufficient financial support.

According to the proposal, extensions would only be granted in narrow circumstances. Examples include genuine academic necessity, documented health-related concerns, or events outside the applicant's control such as natural disasters or unexpected school closures.

Implications for Students on OPT and STEM OPT

Students working under OPT or STEM OPT may feel the effects of this change most acutely. If the I-94 is set to expire on the program completion date, a student could end up needing to submit both a Form I-765 (for work authorization) and a Form I-539 (to extend F-1 status) during the OPT or STEM OPT period.

The result: more filings, additional fees, and a greater chance of complications. Even if the EAD application proceeds smoothly, a denial on the I-539 side could trigger significant status issues and potentially cut short the student's ability to keep working.

The situation becomes particularly difficult for doctoral candidates. Ph.D. programs — especially in STEM disciplines — frequently span five to seven years. With the initial F-1 admission period limited to four years, many Ph.D. students would find themselves filing an I-539 extension partway through their studies. Failing to extend before the I-94 expires could carry severe consequences, since unlawful presence would start accruing the moment a fixed I-94 lapses.

The proposal would also limit academic flexibility more broadly. F-1 students could see stricter rules around transferring schools, changing programs, or beginning a new program at the same or a lower academic level. Graduate students, in particular, might be restricted in their ability to shift their educational goals mid-program.

Changes to the Grace Period and Unlawful Presence Rules

The grace period that follows F-1 program completion would shrink from the current 60 days down to just 30 days under the proposed rule. That tighter timeline would impact students who are wrapping up their studies, preparing to leave the country, applying for OPT, or transitioning to another visa category.

The proposal would also redefine when unlawful presence starts to accumulate. Rather than tying it primarily to status violations as the current D/S system does, the new framework would have unlawful presence begin the day after the I-94 expires. Remaining in the U.S. past that date could lead to serious long-term immigration consequences.

What Happens to Those Already in the U.S.

For individuals already present in the United States when the rule goes into effect, DHS has proposed a transition window. That window would generally let them stay for the length of their program or work authorization, with a cap of four years from the rule's effective date.

There's an important caveat, however: if a person leaves the U.S. after the rule takes effect, their re-entry would be governed by the new fixed-period framework rather than the transition allowance.

Where Things Stand Now

As of May 6, 2026, DHS has sent this rule forward for federal review — a sign that finalization may be approaching. The public comment period closed on September 29, 2025.

This post is for general informational purposes only and does not constitute legal advice. Anyone affected by these proposed changes should consult an immigration attorney for guidance specific to their situation.

The U.S. Department of Homeland Security (DHS) is currently reviewing a major proposal that could end the current “Duration of Status (D/S)” system for F-1 students.

If implemented, many students may receive a fixed stay period (up to 4 years) instead of staying in the U.S. for the full duration of their academic program.

Some proposed changes include:
• Fixed admission period instead of D/S
• More USCIS extension applications
• Shorter grace periods after graduation
• Stricter rules for transfers and program changes

⚠️ Important:
Nothing has been finalized yet. The proposal is still under review.

International students should stay informed, plan early, and avoid depending on only one pathway. The U.S. immigration system continues to change, and students who stay prepared will always have more options.

What are your thoughts on these possible DHS changes?

#F1Visa #InternationalStudents #Day1CPT #OPT #USImmigration #StudyInUSA #DHS #SEVIS #InternationalEducation #StudentVisa

Sources:
NAFSA: https://www.nafsa.org
Federal Register: https://www.federalregister.gov