Updated November 4, 2026

Duration of status rule for F-1, J-1 and I visas: what changed and what D/S means on your I-94

On July 17, 2026, the Department of Homeland Security (DHS) published a final rule in the Federal Register (91 FR 44976) that replaces open-ended "duration of status" (D/S) admissions with a fixed period of stay on Form I-94 for F-1 academic students, J-1 exchange visitors, and I foreign information media representatives.

Under the rule, F and J visa holders are admitted for the length of their program up to 4 years, plus a 30-day departure grace period (down from 60 days for F-1 students), and must file Form I-539 with USCIS if they need more time in the United States. Students and exchange visitors already in the US with "D/S" on their I-94 when the rule takes effect keep an automatic transition period of up to 4 years or until their current I-20 or DS-2019 program end date, whichever comes first.

Current status of the DHS Duration of Status rule

DHS first proposed these changes on August 28, 2025, when U.S. Immigration and Customs Enforcement (ICE) published a Notice of Proposed Rulemaking in the Federal Register (90 FR 42070). That proposal set out to replace duration of status with a fixed admission period and a USCIS Extension of Stay (EOS) process for F-1 students, J-1 exchange visitors and I foreign media representatives. The public had 32 days to comment on the proposed rule and 60 days to comment on information collections, and DHS received close to 22,000 comments.

On July 17, 2026, DHS published the 156-page Final Rule in the Federal Register (91 FR 44976, DHS Docket No. ICEB-2025-0001). The notice classifies the regulation as a major rule subject to congressional review and sets an effective date of September 15, 2026, which is 60 days after publication. If the effective date changes at the end of congressional review, DHS states it will publish a notice in the Federal Register to establish the actual effective date or terminate the rule.

What "D/S" means on an I-94 today and how the 4-year transition works

Unlike most nonimmigrant visa categories that give travelers a calendar departure date, F-1 students (since January 1, 1979) and J-1 exchange visitors and I foreign media representatives (since 1985) have been admitted for "duration of status," written as D/S on Form I-94. D/S means the period during which an F-1 student is pursuing a full course of study at a DHS-approved institution or engaging in authorized practical training, a J-1 visitor is participating in an authorized Department of State exchange program, or an I media representative is performing foreign employment duties in the US, plus the authorized departure period. For F-2, J-2 and I dependents, D/S corresponds to the principal's admission while complying with classification rules.

Under D/S, nonimmigrants generally do not accrue unlawful presence toward the 3-year and 10-year reentry bars under INA section 212(a)(9)(B) and (C) unless a USCIS officer finds a status violation while adjudicating an immigration benefit request, or an immigration judge orders them excluded, deported or removed. Under a fixed Admit Until Date, nonimmigrants who overstay their fixed I-94 Admit Until Date begin accruing unlawful presence following the expiration of their authorized period of admission, which can trigger 3- and 10-year reentry bars after 180 days.

If you are already in the US with D/S on your Form I-94 on September 15, 2026, new 8 CFR 214.1(m) creates a transition period so you do not need your I-94 corrected right away:

• F and J visa holders currently on D/S: if properly maintaining status on the day the rule takes effect, you remain in D/S until the program end date on your current Form I-20 or DS-2019, or for 4 years after the effective date of the rule, whichever comes first, plus your departure period.
• F-1 students already in their grace period: if your program or OPT has ended on the effective date of the rule, you keep the remainder of your 60-day departure period from the program end date on your I-20.
• 6-month OPT reprieve: F-1 students admitted for D/S who timely file Form I-765 for post-completion OPT or a STEM OPT extension on or before March 18, 2027, do not have to file a Form I-539 Extension of Stay, provided they do not travel outside the US and re-enter with a fixed date before filing Form I-765.
• J-1 visitors expiring shortly after the effective date: a temporary reprieve lets them apply for an Extension of Stay and continue working for the duration on their new Form DS-2019 while the EOS is adjudicated.
• I foreign media representatives currently on D/S: if properly maintaining status on the date this rule takes effect, you may stay for the time needed to complete your activity, not to exceed 240 days from the date the rule takes effect (or up to 90 days if presenting a PRC passport, excluding Hong Kong SAR and Macau SAR), before needing an EOS.
• International travel ends transition D/S immediately: if you travel abroad during this transition period, CBP will issue a new Form I-94 with a fixed Admit Until Date upon your return.

Key changes for F-1, J-1 and I visa holders in the final rule

The final rule amends 8 CFR Parts 214, 248 and 274a to replace D/S and add specific program and transfer rules for F-1 students, J-1 exchange visitors and I media representatives:

• Fixed admission up to 4 years for F and J: admission and extension periods match the program length on Form I-20 or DS-2019, capped at 4 years. Shorter programs receive their shorter program length, while programs longer than 4 years (such as a 5-year Ph.D. or J-1 physician residency) are capped at 4 years initially and require an extension or travel and re-entry.
• F-1 departure grace period cut from 60 to 30 days: after completing a course of study or post-completion OPT, F-1 students have 30 days to prepare for departure, matching the 30-day window for J-1 visitors.
• 30-day rule for early program completion: if an F-1 student or J-1 visitor ends or finishes their study, training or program before their I-94, I-20 or DS-2019 end date, the DSO or RO shortens the date in SEVIS. The principal and any dependents must depart or take action to maintain lawful status within 30 days of that shortened end date, regardless of the I-94 date.
• 24-month lifetime cap on F-1 English language training (ELT): language training students are limited to an aggregate 24-month stay, including breaks and annual vacation.
• First-year lock on F-1 transfers and program changes: undergraduates must complete their first academic year at the school that initially issued their Form I-20 before changing educational objectives or transferring to another SEVP-certified school, unless SEVP authorizes an exception for extenuating circumstances.
• Graduate F-1 transfer and program change ban: F-1 students at the graduate level or above are prohibited from changing educational objectives or transferring schools at any point during their program unless SEVP authorizes an exception for extenuating circumstances.
• No moving to the same or a lower F-1 degree level: after completing a program at one educational level, an F-1 student may only begin another F-1 program at a higher educational level. DHS gave itself authority under 8 CFR 214.2(f)(5)(ii)(E) to delay or suspend the transfer, objective and degree-level limits during the first 2 years from the effective date if needed.

What changes at the US port of entry and worked example

When you arrive at a US port of entry after the rule takes effect, U.S. Customs and Border Protection (CBP) will issue a Form I-94 with a calendar Admit Until Date (AUD) instead of "D/S". Before you travel, review what CBP officers ask at the US border and check your I-94 date right after inspection.

Dependents and travel options: under 8 CFR 214.2(f)(5)(i)(E), an F-2 dependent's authorized stay cannot exceed the principal F-1 student's stay. If the F-1 student receives a shorter I-94 upon re-entry or finishes early, the F-2 cannot remain past the principal's shortened stay. Principal F and J holders who need extra time to finish a program and hold an unexpired visa can travel abroad and re-enter with an updated I-20 or DS-2019 to get a new I-94 instead of filing Form I-539. However, departing the US while a change of status application is pending deems that application abandoned under 8 CFR 248.1.

Worked example (from 91 FR 44976, 8 CFR 214.1 and 214.2):

Scenario 1 (Incoming 5-year Ph.D. student): Priya's Form I-20 lists a Program Start Date of August 23, 2027, and an End Date of May 15, 2032. She lands in Chicago on August 1, 2027. Her 22 pre-arrival days do not count toward the 4-year cap. CBP counts 4 years from August 23, 2027 (to August 23, 2031) and adds 30 days, giving her an I-94 Admit Until Date of September 22, 2031. To finish her fifth year, her DSO must recommend an extension in SEVIS and Priya must either file Form I-539 before September 22, 2031, or re-enter on a valid F-1 visa with her updated I-20.

Scenario 2 (Current D/S student who travels): Mateo is in valid D/S on September 15, 2026, with an I-20 end date of May 14, 2029. He stays in D/S until May 14, 2029, if he remains inside the US. If he flies home in December 2026 and returns in January 2027, his transition D/S ends and CBP gives him a fixed Admit Until Date of June 13, 2029 (May 14, 2029 plus 30 days). For post-completion OPT in 2029, he must file both Form I-765 and Form I-539.

How Form I-539 Extensions of Stay work and what happens while pending

Under the final rule, your DSO or RO recommends a program extension in SEVIS and issues an updated Form I-20 or DS-2019, and you apply directly to USCIS on Form I-539 before your I-94 expires. Non-US citizen dependents (F-2, J-2, I) can be included on the principal's Form I-539 for one fee. USCIS may require biometrics (fingerprints, photographs, signatures) under 8 CFR 103.16, an in-person interview under 8 CFR 103.2(b)(9), and financial evidence.

Under 8 CFR 214.2(f)(7)(i), an F-1 student may file an EOS to complete an ongoing program, start a higher-level program, or engage in post-completion OPT or STEM OPT. To extend past an original I-20 program end date for the same program, the delay must be due to a compelling academic reason, a documented medical illness or condition, or an exceptional circumstance beyond the student's control (delays from academic probation or suspension do not qualify).

Nonimmigrants who overstay their fixed I-94 Admit Until Date without filing on time begin accruing unlawful presence following expiration, which can trigger 3- and 10-year reentry bars under INA section 212(a)(9)(B) and (C) after 180 days. If you timely file Form I-539 before your I-94 expires (filing during the 30-day grace period is timely, though employment must stop), you do not accrue unlawful presence while it is pending, and these rules apply:

• Classes and research: F-1 and J-1 applicants may continue their full course of study or exchange program for the entire time a timely filed EOS is pending.
• Up to 240-day automatic work extension: F-1 students with a timely filed pending EOS receive up to 240 days of continued work authorization for the same employer for on-campus employment, CPT, and severe economic hardship work (or until the Federal Register notice end date for Special Student Relief, whichever is earlier). J-1 visitors employed incident to status also get up to 240 days under 8 CFR 274a.12(b)(20), while J-2 dependents cannot work past their EAD expiration. I media holders get up to 240 days (up to 90 days for PRC passport holders).
• OPT, STEM OPT and Cap-Gap: students on a fixed Admit Until Date must file both Form I-765 and Form I-539 for post-completion OPT or STEM OPT (unless traveling and re-entering), and USCIS links both filings. Post-completion OPT work still requires EAD approval first, while the 180-day automatic EAD extension for timely filed STEM OPT extensions (8 CFR 274a.12(b)(6)(iv)) and H-1B Cap-Gap protection through April 1 or the H-1B start date remain unchanged.
• If denied: Form I-539 denials cannot be appealed. If denied after your admission period expires, you and your dependents must depart immediately.

Checklist for F-1 students, J-1 exchange visitors and DSOs

Use this six-step checklist from 91 FR 44976 as you prepare for your F-1 visa interview, study in the US, or advise students as a DSO or RO:

1. Check your Form I-94 on cbp.gov: if you entered before the rule's effective date with "D/S", your transition D/S lasts until your current I-20 or DS-2019 end date or 4 years after the effective date of the rule, whichever comes first, unless you travel abroad.

2. Review international travel plans: departing the United States and being readmitted with a fixed period of admission converts a D/S I-94 to a fixed Admit Until Date and ends eligibility for the March 18, 2027 OPT I-539 exemption.

3. Track both your SEVIS end date and I-94 date: finishing a program early requires your DSO or RO to shorten your SEVIS end date, triggering a 30-day departure window regardless of a later date on your I-94.

4. Plan ahead for 5+ year programs: Ph.D. students and J-1 physicians must get a SEVIS extension recommendation from their DSO or RO before year 4 and either file Form I-539 or re-enter on a valid visa.

5. Verify transfer and degree-level rules: undergraduates must finish year one at their initial I-20 school before transferring, graduate students cannot transfer or change objectives without an SEVP exception, and new F-1 programs after completing a degree must be at a higher educational level.

6. File Form I-539 before your I-94 expires: timely filing preserves authorized stay, prevents unlawful presence, and grants up to 240 days of automatic work extension for eligible on-campus, CPT, hardship, J-1 and I employment.

What the consular or CBP officer may ask under the fixed admission rule

Consular and CBP officers test the new limits on program length, language training, transfers and degree progression. Prepare these five questions and documents before your interview or arrival:

1. "Your Ph.D. I-20 lists a 5-year program, but admission is capped at 4 years. How will you finish and fund the fifth year?" What it checks: that you know the 4-year cap under 8 CFR 214.2(f)(5)(i) and have multi-year funding. How to prepare: know your I-20 dates, bring your department funding or fellowship letter, and state that you will file Form I-539 or re-enter on a valid visa after your DSO extends SEVIS in year 4.

2. "You already hold a master's degree. Why are you applying for another program, and what level is it?" What it checks: F-1 students who finish a US program may only start a new F-1 program at a higher educational level, not the same or a lower level. How to prepare: bring prior transcripts and explain in a sentence or two how the higher-level degree advances your career at home.

3. "How long will you study in your English language training program?" What it checks: the 24-month aggregate cap on F-1 ELT study, including breaks and vacations. How to prepare: know the exact months on your ELT I-20 (24 months or less in total), how it connects to your career or degree goal, and bring proof of funds.

4. "Do you plan to transfer universities after your first semester?" What it checks: undergraduates must finish a full first academic year at their initial I-20 school before transferring, and graduate students cannot transfer without an SEVP exception. How to prepare: explain why you chose the school on your I-20 and name your first-year courses.

5. At the port of entry: "When does your program end, and when do you leave the US?" What it checks: your fixed I-94 Admit Until Date (program end date up to 4 years, plus 30 days). How to prepare: carry your signed I-20 or DS-2019 in your hand luggage and know your program end date and 30-day departure window.

Visaful is an AI mock interview app for US visa interviews: an AI officer asks your visa's questions out loud and shows what to fix.

This is interview practice, not legal advice. For questions about your own case, talk to an immigration attorney. Visaful is not affiliated with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP) or any government agency.