“Duration of Status” Is Ending for F-1 Students: What International Students (and Their Employers) Need to Know

Emmerson Mirus | 08.31.26

On July 17, 2026, the Department of Homeland Security (DHS) published a final rule ending the longstanding “Duration of Status” (D/S) framework for F-1 students. Beginning September 15, 2026, most F-1 students will receive a fixed period of admission rather than being admitted for the indefinite duration of their academic program.

This is one of the most significant changes to F-1 status in decades. The rule affects how long students may remain in the United States for a course of study, when they must seek extensions from U.S. Citizenship and Immigration Services (USCIS), and employment authorization through the Optional Practical Training (OPT) and STEM OPT programs.

What Is Changing?

Under the prior system, F-1 students were generally admitted for "Duration of Status" (often denoted as D/S), meaning they could remain in the United States as long as they maintained F-1 status and complied with program requirements. Program extensions were typically handled via an updated Form I-20 provided by the student's Designated School Official (DSO).

Under the new rule, F-1 students entering the United States will receive an I-94 with a specific “Admit Until Date” (AUD) instead of Duration of Status. The admission period will generally be tied to the length of the student's program listed on Form I-20, not to exceed four years, plus applicable arrival and departure periods.

As a result, the expiration date on the I-94 will become a critical immigration compliance deadline that cannot be extended by a DSO alone.

When Does the New Rule Begin?

The final rule becomes effective on September 15, 2026. Students who enter the United States before September 15, 2026, should receive an I-94 marked “D/S” upon arrival, while students entering on or after September 15, 2026, will generally receive a fixed AUD.

Who Is Affected?

The rule primarily affects:

• New F-1 students entering the United States on or after September 15, 2026, to attend universities, community colleges, language training programs, etc.
• Continuing F-1 students who travel internationally and re-enter after the effective date. Upon reentry, they may receive a fixed admission period instead of D/S.
• F-1 students seeking employment authorization through post-completion OPT or STEM OPT extensions.

DHS has provided transition rules for students already in the United States in D/S status before September 15, 2026. Those students may continue under their existing D/S admission until the end of their authorized program or OPT period, subject to the transition provisions in the DHS rule.

The New Requirement to File an Extension of Stay

One of the most important practical changes is that students can no longer rely solely on a DSO-issued Form I-20 extension to remain in status beyond their I-94 expiration date.

Under the new rule, students who need additional time in the United States will likely have to file an Extension of Stay request with USCIS. Situations that may require an Extension of Stay filing include:

• Additional time needed to complete a degree program.
• Beginning a higher-level degree after graduation.
• Participating in post-completion OPT.
• Participating in a STEM OPT extension.

Students will apply for an Extension of Stay by filing Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS, which carries a filing fee of $420-470. Importantly, students must still work with their DSO to obtain any necessary I-20 updates, but the DSO-approved extension on Form I-20 no longer extends lawful stay in the United States without a USCIS filing.

Effects on OPT

OPT Employment Authorization Remains Available

The rule does not eliminate OPT. Eligible F-1 students may still apply for OPT employment authorization, which USCIS continues to define as temporary employment directly related to the student's major field of study. Eligible students remain able to seek up to 12 months of OPT, with qualifying STEM graduates eligible for an additional 24-month STEM OPT extension.

Transition Between School and OPT

The new rule changes the procedure for transitioning between the F-1 academic program and OPT employment.

Under current practice, students typically transition from their academic program directly into OPT after graduation, with just a new Form I-20 and Employment Authorization Document (EAD). Under the new rule, USCIS may also have to approve an extension of F-1 status, because the student's ability to remain in the United States will be governed by the fixed F-1 status expiration date on the I-94.

DHS states that students who need additional time to engage in post-completion OPT or STEM OPT must get a new Form I-20, an EAD, and either:

1. Apply for an Extension of Stay with USCIS, or
2. Depart the United States and obtain a new period of admission upon reentry.

Students Already on OPT

Students who are already in the United States working on OPT or STEM OPT when the rule takes effect will generally transition under special rules. For example:

• Students with an approved EAD may remain in D/S status through the EAD end date plus the applicable transition grace period.
• Students with pending Form I-765 (EAD) applications receive certain transition protections, although additional Extension of Stay filings may eventually become necessary depending on the timing of adjudication.

Key Takeaways

• DHS is ending Duration of Status (D/S) for F-1 students effective September 15, 2026. F-1 students will receive a fixed Admit Until Date on Form I-94 rather than an indefinite D/S notation.
• Students who need additional time in the United States will generally need to file an Extension of Stay request with USCIS, in addition to obtaining any necessary DSO approval and I-20 updates.
• OPT and STEM OPT remain available, but students may need an Extension of Stay to remain lawfully present while engaging in OPT employment.
• Students should carefully monitor the expiration date on their I-94, as it will soon determine their authorized stay as students in the United States.