DHS Ends "Duration of Status" for International Students Beginning September 15, 2026

The Department of Homeland Security (DHS) has finalized one of the most significant changes to the U.S. student visa system in decades. Effective September 15, 2026, F, J, and I nonimmigrants will no longer be admitted under the long-standing "Duration of Status" (D/S) framework. Instead, most students and exchange visitors will receive a fixed period of stay, creating new deadlines, additional filing requirements, and greater immigration risks.

If you are studying in the United States or plan to do so, it is important to understand how these changes may affect your status.

Fixed Admission Periods Replace Duration of Status

Under the previous D/S system, students could generally remain in the United States as long as they maintained their status and continued their studies at a DHS-approved school, university, or program.

Beginning September 15, 2026, DHS will instead admit most F, J, and I nonimmigrants until the earlier of their program end date or four years. Students whose programs extend beyond that period must apply directly to USCIS for an Extension of Stay by filing Form I-539.

Unlike simply obtaining an updated Form I-20 or DS-2019 from a school, the extension process requires a formal USCIS application, filing fees, and biometrics.

Greater Risk if Your Stay Expires

The new rule also changes how unlawful presence is calculated.

Previously, students admitted under D/S generally did not begin accruing unlawful presence until a formal determination was made by DHS or an immigration judge. Under the new system, unlawful presence generally begins automatically the day after the expiration date on the Form I-94, unless a timely filed extension request is pending.

Missing an expiration date could therefore have much more serious immigration consequences than under the previous system.

Academic Flexibility Will Be More Limited

The rule places additional restrictions on educational progression.

Students may face limitations when changing majors, transferring schools, or enrolling in another academic program at the same educational level. English language study is also limited to a lifetime maximum of 24 months.

These changes make long-term academic planning more important than ever.

Transition Rules for Current Students

Students already in F, J, or I status before September 15, 2026, will not immediately move to the new system.

Current status generally remains valid until the earliest of:

• Your current program end date listed on your Form I-20 or DS-2019.

• The expiration of your OPT employment authorization, if applicable.

• September 15, 2030.

Current F-1 students covered by this transition also keep the existing 60-day grace period. However, leaving the United States and re-entering, or filing for an Extension of Stay, generally places the student under the new rules, including the shorter 30-day grace period.

What Students Should Do

Students should carefully review their expected program length, monitor the expiration date on their Form I-94, and plan well in advance if an Extension of Stay may be necessary. Those considering changing majors, transferring schools, or pursuing additional degrees should evaluate how the new restrictions could affect their plans before making decisions.

Because these rules create new deadlines and potential immigration consequences, obtaining legal guidance before your status expires may help prevent costly mistakes.

If you have questions about how these changes affect your immigration status, contact Tran Flores Law at (512) 894-9984 to schedule a consultation.