Duration of Status and Academic Mobility Rule Change

Overview 

Effective September 15, 2026, the Department of Homeland Security has issued a new rule eliminating ‘duration of status’ (D/S) and introducing restrictions on academic mobility.

Due to this regulation, it will no longer be sufficient for students only to be issued an extended I-20 or DS-2019 in order to be allowed extended time for their academic program. Effective September 15, 2026, if more time is needed to complete the academic program, they will need to process an extension application with U.S. Citizenship and Immigration Services (USCIS), or decide to leave the U.S. and re-enter with an updated (extended) I-20 or DS-2019 form. 

Transition Period: This rule change provides for a transition period for students currently in the US in D/S planning to finish their programs before or by spring 2027 and apply for OPT, but only if they remain in the U.S. There is no transition period for academic changes. See the section of the Transition Period below for more information.

The I-94 End Date Guide and Flow Chart (thanks to International Student Resource Center) can help to determine a student's actual status end date (now called an "Admit Until Date") following the effective date of the rule, and whether they are subject to the new requirement to file an extension of stay application I-539 form. It is important to note F and J status individuals may be able to travel outside the U.S. and re-enter with an extended I-20 or DS-2019 form in order to be given an extended period of stay through a Customs and Border Protection (CBP) inspection at the U.S. Port of Entry, rather than filing the extension application with USCIS. Both options to extend the period of stay have costs and benefits, and students should be sure to consult with an ISSS immigration advisor, or personal immigration attorney about which path is best for them.

I-94 End Date Guide and Flow Chart

Major Rule Changes

1. Changes the Authorized Period of Stay from 'Duration of Status' (D/S) to a Fixed 'Admit Until' Date (AUD)

Effective September 15, 2026, Customs and Border Protection (CBP) will admit F and J students to the US with a fixed 'admit until date' (AUD) based on their I-20 or DS-2019 program end date, but not to exceed 4 years + 30-day grace period. This replaces the longstanding policy of admitting students in 'duration of status' (D/S) - a flexible, no-date-certain authorized period of stay framework through which schools have internally managed the status of F and J students. 

The limited 4-year AUD does not mean a student must complete their program in 4 years, but it will restrict their authorized period of stay in the US. International students will now have to file a formal 'extension of stay' application + pay a fee to U.S. Citizenship and Immigration Services (USCIS) to extend their fixed AUD or extend their I-20 or DS-2019 in order to complete a program, apply for practical training, transfer, or change programs.

The 60-day grace period after completion of a program will be shortened to 30 days, impacting the timeline to apply for practical training, transfer or change programs.

2. Imposes Restrictions on Academic Mobility for F Students

Effective September 15, 2026, F-1 students will be limited in their options to make academic and educational changes while in the US. The rule change does not apply to J-1 students who are already limited in making academic and educational changes to their program of study. 

Restrictions on transfers and change of educational objectives

Undergraduate students:

  • may not transfer, change major or change educational level during their first academic year, unless SEVP approves "extenuating circumstances' exception.
  • may not transfer to another institution if disqualified, suspended or expelled from UO and must depart the U.S. and re-enter on a new SEVIS I-20 to begin a new program.

Graduate students:

  • may not change major or educational level "at any point during their program of study', with no exceptions. This restriction does not lift after one academic year the way it does for undergraduates. Exceptions are limited to SEVP-approved extenuating circumstances that may include, but are not limited to, a school closure or a school’s prolonged inability to hold in-person classes due to a natural disaster or other cause.
  • may not transfer unless SEVP SEVP approves "extenuating circumstances' exception.
  • may not transfer to another institution if dismissed, suspended or expelled from their program and must depart the U.S. and re-enter on a new SEVIS I-20 or DS-2019 to begin a new program.

No lateral or reverse matriculation

  • F-1 students can no longer begin or transfer to another program at a lower educational level. F-1 students may begin or transfer to a new program at a higher educational level. DHS clarified in the final rule that this restriction applies only to programs completed after the rule's effective date (September 15, 2026).

Transition from D/S to New Date-Specific Period of Stay

In a nutshell: F and J students admitted for duration of status (D/S) before September 15, 2026 may remain in the U.S. until their program end date (or OPT end date) current on September 15, 2026, for a maximum of four years, whichever is shorter, plus a 60-day grace period for F students and a 30-day grace period for J nonimmigrants. Before reaching the end of this transition period of authorized stay, if they wish to remain in F or J status they must either timely file an application for extension of stay with USCIS or exit and reenter the United States. In either case once USCIS processes the extension or CBP admits them to the United States upon reentry, they will receive a fixed date as the "Admit Until Date" on their new I-94, determined by the program end date on the I-20 used for the extension or reentry plus a 30-day grace period for both F and J nonimmigrants.

Under the final rule "transition" provisions, the status of F and J students having been admitted for "duration of status" prior to September 15, 2026 and who are in the U.S. in those statuses on September 15, 2026 may "remain in the United States" in F or J nonimmigrant status until:

  • the program end date noted on their Form I-20 or Form DS-2019 that is valid on September 15, 2026; or
  • the expiration date on their Employment Authorization Document (EAD) that is valid on September 15, 2026, in the case of F-1 students on post-completion or STEM OPT (and their F-2 dependents); plus
  • a 60-day grace period for transitioning F nonimmigrants and a 30-day grace period for transitioning J nonimmigrants

The F or J transitional period of authorized stay, however, cannot exceed a period of 4 years from the rule's effective date plus the relevant grace periods:

  • November 14, 2030 for F nonimmigrants
  • October 15, 2030 for J nonimmigrants

6-Month 'Transition Period' for Students Applying for OPT & STEM OPT

Until March 18, 2027, F-1 students covered by the transition period who file a Form I-765 for OPT or STEM OPT will not have to file an I-539 in addition to their Form I-765.This transition period for F and J students applying for OPT and STEM OPT only applies to students who are in the US on September 15, 2026 and were admitted D/S as indicated on the I-94 admission record. If a student leaves and re-enters the U.S. on or after September 15, 2026, the OPT/STEM OPT transition period does not apply and students will need to file both the I-765 and I-539. 

For F-1 students in the US on September 15, 2026 with an I-94 showing D/S:

  • May remain in the U.S. in D/S until their I-20 program end date (including any authorized OPT or STEM OPT valid on September 15, 2026), but not to exceed November 14, 2030 (four years + 60-day grace period). 
  • May apply for OPT or STEM OPT extension before March 18, 2027 without having to file an 'extension of stay' application with USCIS. Eligibility and filing deadlines for OPT and STEM OPT still apply.
  • Must apply for an 'extension of stay' with USCIS if they need additional time beyond their I-20 program end date or November 14, 2030, whichever comes first, including beginning a new program of study or requesting post-completion OPT. Alternatively, a student may leave and seek readmission to the U.S. for a new program of study. 

For J-1 students in the US on September 15, 2026 with an I-94 showing D/S: 

  • May remain in the U.S. in D/S until their DS-2019 program end date (including authorized Academic Training valid on September 15, 2026), but not to exceed November 14, 2030 (four years plus a 60-day grace period). 
  • May apply for Academic Training before March 18, 2027 without having to file an 'extension of stay' application with USCIS.
  • Must apply for an 'extension of stay' with USCIS if they need additional time beyond their DS-2019 program end date or October 14, 2030 (includes 30-day grace period), whichever comes first, including beginning a new program of study or requesting post-completion Academic Training. Alternatively, a student may travel and seek readmission with a new fixed period of admission.

For F-1 students who are beneficiaries of a timely filed cap-subject H-1B petition and who are eligible for a “cap-gap” extension: 

  • Do not need to apply for an 'extension of stay' with USCIS and may remain in the U.S. in F-1 status until the approval of the H-1B petition or April 1 of the fiscal year for which H1-B status is being requested, whichever comes first.

Transition OPT Examples:

  1. An F-1 student timely files for OPT or STEM OPT within 6 months of September 15 (before March 18, 2027) and remains in the U.S.

Only needs to submit I-765 to request work authorization from USCIS and does not need to file I-539 for an extension of stay. Once OPT or STEM OPT work authorization is approved, student is authorized to remain in the U.S. until authorized employment end date plus 60 days legacy grace period.

  1. An F-1 student travels outside the U.S. before filing OPT or STEM OPT I-765, is readmitted with fixed AUD based on I-20 program end date, then files for OPT.

    Must file both I-765 to request work authorization and I-539 to request an extension of AUD to cover the additional OPT or STEM OPT authorized period of stay.

  2. An F-1 student timely files for OPT or STEM OPT before March 18, 2027 but departs U.S. while I-765 is pending.

    If student re-enters U.S. while OPT is pending, CBP can readmit until DSO's recommended OPT end date show on the OPT I-20, plus 30 days. If student re-enters U.S. after OPT is approved, CBP can readmit until OPT end date shown on EAD, plus 30 days.

  3. Submission of an EOS application will be required as part of any optional practical training (OPT) applications filed after March 18, 2027.

Terminology

Visa: this is the sticker in your foreign passport issued by a US embassy or consulate used to request admission to the U.S. The visa validity end date on the visa sticker is the date your visa is valid to request admission to the U.S. The validity date has nothing to do with the I-20, DS-2019 or I-94 end dates.

I-20 or DS-2019: these are the documents issued by UO to apply for an F-1 or J-1 visa, and serve as evidence of maintaining F-1 or J-1 status while in the U.S. The program end date on the I-20 or DS-2019 is the expected end date your program of study or research. This date can be extended or shortened.

I-94: this is the document issued by US Customs and Border Protection (CBP) verifying your date of admission to the U.S. and your admit until date. 

Admit Until Date (AUD): The maximum period of admission to the U.S. and the last day an F or J student or scholar is authorized to stay in the U.S. Students and scholars cannot remain lawfully present in the U.S. beyond their AUD and must depart the U.S., file an 'extension of stay' (EOS) with USCIS, or take other action to maintain status before their AUD expires.

AUD = most recent I-94 fixed date or I-20/DS-2019 program end date (for those currently in D/S)

Extension of Stay (EOS): formal USCIS application process to extend AUD

Introduction of 'Extension of Stay' Process 

F and J students who need to extend their AUD and/or after the transition period will be required to file an 'extension of stay' (EOS) application with USCIS prior to their AUD or I-20/DS-2019 program end date (but not more than 180 days before) OR travel internationally and re-enter the U.S. to receive a new AUD. 

Students may need to file an extension of stay to do any of the following:

  • Complete a Ph.D. program that requires more time than 4 years;
  • Complete any educational, research, or teaching programs that require more time than 4 years;
  • Complete any program where a student falls a few credits short of graduation requirements;
  • Engage in post-completion Optional Practical Training (OPT) or academic training;
  • Move to a higher level of study;
  • Transition from an English language program into a degree program; or
  • Transfer to a new school or program sponsor.

See Filing Guide: Extension of Stay for detailed guidance.

Unlawful Presence & Compliance Risk

For students and scholars admitted to the U.S. with a fixed end date on their I-94, can no longer remain in the U.S. past the I-94 fixed end date without having filed a timely EOS or change of status. If a student or scholar does not file a timely EOS or change of status application with USCIS before the I-94 fixed end date, they start accruing unlawful presence immediately. 

This is a much more date-driven trigger than the old "failure to maintain status" determination under D/S. A timely-filed EOS or change of status application pauses this risk during adjudication; a late or denied EOS does not.

Resources

Study in the States Frequently Asked Questions

Contact ISSS:

Office: Oregon Hall, 3rd floor (in the Division of Global Engagement)

Phone: 541-346-3206

Email: intl@uoregon.edu (students) ischolar@uoregon.edu (scholars)