Duration of Status (D/S) Final Rule

• Students who are in the U.S. prior to September 15, 2026 and do not depart the U.S. prior to taking an end of program action will maintain D/S on their I-94.
• Despite their I-94 indicating D/S, students can stay in the U.S. until the program end date on their I-20 or their OPT/STEM OPT end date plus a 60 day legacy grace period.
• After September 15, 2026, F-1 and J-1 visa holders will be (re)admitted by CBP with an Admit Until Date (AUD) on their I-94.
• The Admit Until Date will be the lesser of:
• The length of the academic or research program plus a 30 day grace period, or
• Four years plus a 30 day grace period
• CBP has the discretion to admit until the passport expiration date if earlier

• Currently, academic program extensions are handled internally by universities.  Under the new rule, EOS is now a USCIS discretionary decision requiring an I-539 application.
• Students may need an extension if they will stay in the U.S. past the I-94 end date in order to: 
• Complete a program of study that requires more than 4 years
• Extend their program due to a qualifying reason
• Change education levels (move to a higher level of study after completing a degree)
• Transfer to another school
• Participate in OPT and STEM OPT
• Under D/S, no extension is required for students pursuing post-graduation employment on OPT and STEM OPT.  Moving forward, students will need to apply for OPT and EOS.
• While the rule discusses EOS as well as travel and re-entry, it is still too early for us to advise on the process or any potential risks. 

• Students cannot pursue a second degree in the United States at the same level or lower level.
• Our interpretation of the rule is that it applies to degrees earned after September 15 and in F-1 status, but we are awaiting clarification.
• There is ambiguity as to degree/educational objective hierarchy (for example, is a JD higher than an LLM?).
• Graduate students cannot transfer schools or change academic programs.
• Undergraduate students cannot transfer to another school or change academic objectives during their first year.
• Our interpretation of the rule is that undergrads cannot change or add a major or minor during their first year of F-1 status.
• The restrictions on Academic mobility include a clause that they may be pushed back until September 14, 2028.

• It should be understood that we are transitioning to new rules and that other than the legacy 60 day grace period, nothing else is being “grandfathered”.  In other words, if you are present in the U.S. prior to September 15 and do not travel, the rules still apply; there are just a few transition provisions.
• If you are in the U.S. on September 15 and do not depart and reenter prior to your current program end date for students, EAD end date for OPT students, or STEM OPT EAD end date for STEM OPT students, then you maintain the 60 day legacy grace period. 
• If you exit and reenter after September 15, you are ineligible for the transfer provisions
• If you apply for OPT or STEM OPT prior to March 18 you do not need to file an EOS, only the I-765 application
• Fall and Winter graduates would still have the 60 day legacy grace period to apply for OPT and for an OPT start date
• Spring graduates forward have the 60 day legacy grace period
• Spring graduates- the earliest you can apply for OPT is March 12 - we highly recommend requesting your I-20 by March 1 and applying between March 12 and March 17
• Our understanding is that the Six Month Transition only benefits those applying for OPT and STEM OPT, not other end of program options such as change of educational level or transfer to a higher degree.

• I-94 date will remain D/S; however, permission to stay is program end date plus 60 day grace period or November 14, 2030, whichever is sooner. Doctoral students with program end dates after November 14, 2030 should consult with the ISS Team.
• Maintains 60 day legacy grace period to take end of program action

• I-94 end date will be program end date plus 30 day grace period or October 15, 2030, whichever is sooner. Doctoral students with program end dates after October 15, 2030 should consult with the ISS Team.

• I-94 end date will remain D/S; however, permission to stay is OPT end date plus 60 day grace period. 
• If STEM OPT application is filed prior to March 18, no EOS application will be needed.

• I-94 end date will remain D/S until student applies for OPT; I-94 will be updated to OPT end date plus 60 day grace period at OPT approval.
• Requested OPT start date must be within 60 days of program completion.
• If OPT application is filed prior to March 18, no EOS application will be needed.
  
  

• I-94 date will be end of program plus 30 day grace period
• Requested OPT start date must be within 30 days of program completion
• EOS or travel and re-entry will be required in addition to OPT
• I-94 will be updated to OPT end date plus 30 day grace period at OPT approval

• I-94 date will remain D/S; however, permission to stay is program end date plus 30 day grace period.
• Will need EOS or travel and re-entry to extend program or pursue post-completion Academic Training.
  
  

• I-94 end date will be program end date plus 30 day grace period.
• Will need EOS or travel and re-entry to extend program or pursue post-completion Academic Training.

• I-94 date will remain D/S; however, permission to stay is program end date plus 30 day grace period.
• Will need EOS or travel and re-entry to extend program and may need EOS or travel and re-entry to transfer.
  
  • Employment can continue up to 240 days while EOS is pending.

• I-94 end date will be program end date plus 30 day grace period.
• Will need EOS or travel and re-entry to extend program and may need EOS or travel and re-entry to transfer.
  
  • Employment can continue up to 240 days while EOS is pending.

“Duration of Status” or D/S is a long-standing policy dating to the 1990s that allowed F-1 students and J-1 exchange visitors to remain in the United States so long as they were “making normal progress” towards meeting their academic/program objectives and while maintaining status in post-graduate employment on Optional Practical Training (OPT) and STEM OPT.

• If you are in the U.S. prior to September 15, you will retain a D/S I-94 and do not need to take any action.
• If you travel internationally after September 15, you will need to upload your new I-94 to the MyiSCU Portal following any re-entry to the U.S..

No, the rule impacts your I-94 but does not impact I-20s or DS-2019s.

No, CPT is not impacted by the rule.

If you are engaging in CPT and apply for a program extension EOS, you are allowed to continue working up to 240 days while your application is pending. You would still need to meet CPT requirements.

This rule does not apply to visa processing or duration. Visa duration is based on visa reciprocity. Please remember that your visa is an entry document. It can expire while you are in the U.S..

Our understanding of the rule is that restrictions on same level and lower level enrollment apply to degrees earned in F-1 status after September 15, 2026. We will continue to request clarity to confirm.