For several decades, international students, exchange visitors, and certain foreign media representatives have entered the U.S. under a designation known as “duration of status” (D/S), allowing them to remain in the country for as long as they complied with the requirements of their respective nonimmigrant status. That system is coming to an end. Earlier this week, the Department of Homeland Security (DHS) announced a final regulation that fundamentally changes how “F-1” students, “J-1” exchange visitors, and “I” nonimmigrants maintain lawful status in the U.S.
DHS states that the rule is intended to address concerns that the D/S system provided insufficient oversight and allowed some foreign nationals to extend their stays indefinitely through repeated enrollment or other changes in status. DHS specifically cited concerns about “forever students” — individuals who remain in the U.S. for extended periods by continuously enrolling in academic programs rather than completing their intended course of study or departing the country.
Effective September 15, 2026, the new rule replaces D/S admissions with fixed admission periods, requires many students and exchange visitors to seek USCIS approval for extensions of stay, shortens grace periods, increases federal oversight, and creates new compliance and unlawful presence risks.
The End of Duration of Status
Under the new rule, international students will no longer be admitted for “duration of status.” Instead, F-1 students and J-1 exchange visitors will generally receive a fixed period of admission tied to the length of their academic program, exchange program, or approved training, subject to a maximum admission period of four (4) years. Rather than showing “D/S,” Form I-94 arrival records will now display a specific expiration date.
Students whose academic programs extend beyond their authorized admission period, including many doctoral candidates and others enrolled in longer programs, will generally need to file an Extension of Stay (EOS) application with U.S. Citizenship and Immigration Services (USCIS) before their authorized stay expires. The same fixed-period framework will also apply to certain “I” nonimmigrants representing foreign information media, although different maximum periods and requirements apply.
Students who are already in the U.S. in D/S status when the rule takes effect will transition under special provisions. In many cases, they may continue in valid status until the earlier of their program end date or four years after the rule’s effective date, although travel outside the U.S. after the effective date may result in readmission under the new fixed-period system. International students who depart the U.S. after the effective date may be readmitted under the new fixed-period admission system and may no longer benefit from the prior D/S designation.
What These Changes Mean
Shorter Grace Period. The grace period following completion of an academic program will be reduced from 60 days to 30 days, leaving less time to prepare for departure, transfer schools, or pursue another immigration status.
Extension Applications. Program extensions that previously could often be handled through a school’s Designated School Official (DSO) will now generally require a formal Extension of Stay application with USCIS, including government filing fees and additional federal review.
Additional Compliance Requirements. The rule imposes new federal requirements governing extensions of stay and certain program changes, making careful planning and timely filings more important than ever.
Greater Restrictions on Academic Changes. The new rule places additional limitations on certain changes in educational objectives, transfers between schools, and pursuing additional programs at the same or lower educational level. Students considering a transfer, change of major, or new academic program should carefully evaluate the immigration consequences before taking action.
Impact on Graduate Students and Long-Term Programs. Students in Ph.D. programs, medical training, research programs, and other lengthy academic or professional programs may need to request an approved Extension of Stay if their programs extend beyond their initial authorized admission period. The new process may require additional planning because continued stay will depend on timely USCIS review and approval.
OPT and STEM OPT Planning. Students seeking Optional Practical Training (OPT), STEM OPT extensions, or other post-completion benefits should plan carefully – particularly since USCIS has also shortened EAD validity periods, adding another layer of complexity to maintaining continuous work authorization – because, under the new fixed-period admission system, some students may need to file an Extension of Stay application with USCIS to remain in the U.S. beyond their authorized admission period. Students should review their timelines early and coordinate OPT/STEM OPT filings with any required Extension of Stay filings to help avoid interruptions in their authorized stay.
Dependent Family Members. F-2 and J-2 dependents may also be affected because their authorized stay generally depends on the continued status and authorized stay of the principal F-1 or J-1 nonimmigrant. Changes affecting the principal student or exchange visitor may therefore affect accompanying dependents.
Travel Considerations. Students and exchange visitors should carefully consider international travel after the rule takes effect because returning to the U.S. may result in admission under the new fixed-period system rather than the prior D/S admission framework.
Increased Immigration Consequences
One of the most significant changes involves unlawful presence – an issue that carries added weight given the broader DHS crackdown on visa overstays already underway. Under the prior duration-of-status (D/S) system, students and exchange visitors were generally admitted for as long as they maintained the requirements of their immigration status, rather than until a fixed expiration date. As a result, simply falling out of status — for example, by failing to maintain full-time enrollment or otherwise violating the terms of a visa — did not automatically start the unlawful presence clock. Instead, unlawful presence generally began only after USCIS or an immigration judge formally determined that the individual had violated their status.
Under the new rule, however, remaining in the United States beyond the authorized admission period listed on Form I-94 may create a more immediate unlawful presence concern. Students and exchange visitors must therefore closely monitor their I-94 expiration date and timely file any required Extension of Stay application. Accruing more than 180 days of unlawful presence can trigger a three-year bar to reentry, while more than one year can result in a ten-year bar.
Students who need additional time must generally file any required EOS application before their authorized admission period expires. A timely filed application may allow a student to remain in a period of authorized stay while USCIS processes the request, but it does not automatically extend employment authorization or other immigration benefits.
Because the new rule changes a system that has been in place for decades, international students, exchange visitors, universities, and employers should review individual circumstances carefully and plan ahead before expiration dates, travel, program changes, or employment authorization deadlines arise.
How KBIW Kurpiejewski & Associates Can Help
DHS’s new rule creates important deadlines and new compliance requirements for international students, exchange visitors, and their families. A missed filing, delayed decision, or misunderstanding of the new rules could affect your ability to remain in the U.S., continue your studies, or pursue future immigration benefits. Our legal team can help you assess how the changes apply to your situation, plan for extensions and academic transitions, prepare required filings, and avoid unnecessary risks. The earlier you seek legal guidance, the more options you may have to protect your status and future in the U.S. To schedule a consultation and learn how we can help you, please call us at (212) 220-3956 or email office@kbiw.com.
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