Starting September 15, 2026, F-1 and J-1 visa holders will no longer be admitted to the United States “for duration of status,” but rather for a predetermined period with a specific end date — for a maximum of four years. The method for calculating unlawful presence is also changing.
What is changing exactly
On July 17, 2026, the Department of Homeland Security published a rule eliminating the decades-old principle known as “duration of status,” or D/S for short. Until now, a student entering the US received these two letters on their I-94 entry document instead of a date — meaning they could remain in the country as long as they were maintaining their studies in good faith.
Starting September 15, those two letters will be replaced by a specific day, month, and year.
The new period of stay will be determined by the program end date listed on Form I-20 for F-1 students or Form DS-2019 for J-1 exchange visitors — but for no longer than four years. The maximum is calculated from the program start date, not the date of entry into the country.
In addition, there are two grace periods that are not counted toward the four-year limit: 30 days before the program starts, for arrival and settling in, and 30 days after its completion, for departure.
The most important change is not immediately obvious
Shortening the stay to four years sounds alarming, but for most students, it will not be an issue — typical bachelor’s or master’s degree programs fit within this timeframe.
The real change concerns something else: the calculation of unlawful presence.
Previously, a student admitted under D/S did not “accumulate” days of unlawful presence automatically. They only began to accrue starting the day after an agency formally found a status violation while adjudicating another application, or when an immigration judge issued a deportation order.
After the change, the clock starts on its own. It is enough for the date on the I-94 document to pass.
This has serious consequences because unlawful presence triggers so-called bars to reentry: after exceeding a certain number of days and leaving the United States, you may be barred from returning for three or ten years. Previously, a student who accidentally missed the deadline usually had time to fix the issue. Now, they might only find out about it at the airport when trying to return.
The regulation is not retroactive — it does not penalize violations occurring before the effective date.
Who is already in the US
Individuals who on September 15, 2026, are legally residing in the US on an F or J status granted under D/S do not need to do anything immediately. The regulation provides a transition rule for them: they can stay until the later of two dates — the expiration of their work authorization document or the program end date on Form I-20 or DS-2019. No application and no fee required.
However, there are hard deadlines that cannot be exceeded: November 14, 2030 for F students and October 15, 2030 for J exchange visitors.
Two groups are excluded from the transitional provision: individuals who are outside the borders of the United States on the effective date of the rule, and those who lost their status earlier. Anyone who leaves and returns after September 15 will receive a new period of stay under the new rules.
Extension of stay — new procedure
A student who needs to stay longer than the date on their I-94 allows must file an application for an extension of stay — Form I-539 — with USCIS. A school advisor or border official cannot handle this.
Several things are worth remembering right now.
The deadline is absolute. The agency must receive the application no later than the day the period of stay expires, along with the thirty-day grace period. The agency itself recommends submitting documents within the six months preceding the end of the stay.
Biometrics may be required, meaning fingerprinting and a photograph. The agency may also summon you for an interview.
You can study while the application is pending. A student who filed their application on time is in the country legally and continues their studies. Unlawful presence does not accrue.
Working is more difficult. On-campus employment and CPT internships are automatically extended for up to 240 days — but only if the application was filed before the end of the period of stay. Anyone who submits it only during the thirty-day grace period must wait for a decision and cannot work during that time.
A denial means immediate departure. There is no right of appeal against a denial decision regarding Form I-539.
The regulation does not state the fee amount for the application — it only refers to the “required fee.” The current amount must be checked directly in the agency’s fee schedule.
Changing fields of study will be harder
The new regulations restrict the freedom to transfer between institutions and change majors.
Students below the master’s and doctoral degree levels will not be able to transfer to another school or change their major or education level during their first academic year, unless the agency grants an exception.
Students at the master’s level and above will not be able to change their major for the entire duration of the program.
A ban on “downgrading” has also been introduced: a person who completes a program after September 15, 2026, will not be able to start another one at the same or a lower level. Moving up is allowed.
Limits have also been added for two types of studies: language courses will be subject to a total limit of 24 months, and public high school education to 12 months.
The agency reserves the right to postpone or suspend these three restrictions until September 14, 2028.
What about OPT practical training
The regulation does not eliminate the OPT practical training program or its extension for STEM fields, but it adds bureaucratic hurdles.
After the changes, two applications instead of one will be needed: for employment authorization and for an extension of stay. The deadline has also been shortened — the application for post-completion practical training must be filed within 30 days instead of the previous 60.
However, there is an important transitional relief. A student residing in the US under D/S who applies for employment authorization by March 18, 2027, does not need to file an application for an extension of stay. The agency may extend this deadline by additional half-year periods.
Where this change comes from
The Department justifies the regulation by the need to control the length of stays. It cites data: in 2024, nearly 77,000 F-1 students were identified who had spent more than ten years in that status. It also pointed to over 13,000 cases of transferring to another school before classes started or during the first semester.
The scale of the program itself is large: approximately 2.1 million people are in the US annually under F, J, and I statuses, of whom 1.6 million are F students.
The draft regulation gathered nearly 22,000 public comments.
Attention to the effective date
The regulation has been classified as an act subject to congressional review. This means that the September 15 date may change. The Department has announced that in such a case, it will announce a new date or repeal the regulations — also by publication in the Federal Register.
Until such an announcement, the September date applies.
SOURCES (to be placed at the bottom of the article)
- Federal Register — “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media”, July 17, 2026 (91 FR 44976, doc. 2026-14439): https://www.federalregister.gov/documents/2026/07/17/2026-14439/establishing-a-fixed-time-period-of-admission-and-an-extension-of-stay-procedure-for-nonimmigrant
- Department of Homeland Security — press release dated July 16, 2026: https://www.dhs.gov/news/2026/07/16/trump-administration-issues-final-rule-end-foreign-student-visa-abuse
- Study in the States (DHS) — FAQ on the regulation: https://studyinthestates.dhs.gov/final-rule-establishing-a-fixed-time-period-of-admission-and-an-extension-of-stay-procedure-faq
Legal notice: This material is for informational purposes and does not constitute legal advice. Immigration regulations are subject to change, and the effective date of this rule may be postponed. You should consult your individual situation with a licensed immigration attorney or international student advisor at your university.
Bartosz Karczmarski · August 7, 2026
