DHS Final Rule on F-1 and J-1 Duration of Status (D/S)

Current Status

Final Rule Scheduled to Take Effect September 15, 2026

 

On July 17, 2026, the U.S. Department of Homeland Security (DHS) published a final rule ending the long-standing Duration of Status (D/S) framework for F-1 students and J-1 exchange visitors and replacing it with fixed periods of admission.

The rule is currently scheduled to take effect on September 15, 2026. Until then, the existing F-1 and J-1 regulations remain in effect.

Last reviewed: September 1, 2026. Cal State LA will update this page as federal implementation guidance, court decisions, or other developments occur.

Legal Challenge Is Pending

On August 18, 2026, a coalition of higher education organizations and labor unions filed a federal lawsuit challenging the final rule and requested a preliminary injunction to prevent implementation.

A hearing on that request is scheduled for September 3, 2026. As of September 1, no court order has changed the September 15 effective date.

Cal State LA is therefore continuing to prepare for implementation while monitoring the litigation closely.

Who Is Affected?

The new regulations affect:

F-1 students
F-2 dependents
J-1 students and scholars
J-2 dependents

What Is Changing?

For decades, most F-1 students and J-1 exchange visitors have been admitted to the United States for Duration of Status (D/S). Rather than receiving a fixed immigration expiration date, they generally remained in lawful status while properly maintaining their F-1 or J-1 status and pursuing their authorized academic or exchange activities.

The final rule replaces that framework with a fixed period of admission.

A Specific Admit Until Date

F-1 and J-1 travelers admitted on or after September 15 will generally receive a specific Admit Until Date (AUD) on their Form I-94 rather than D/S.

Maximum Four-Year Admission

The period of admission will generally be based on the program end date on the Form I-20 or DS-2019, subject to a maximum of four years at a time, plus the applicable departure period.

Extension of Stay May Be Required

A student or exchange visitor who needs additional time beyond the authorized period shown on the I-94 may need to apply to U.S. Citizenship and Immigration Services (USCIS) for an Extension of Stay (EOS).

This Does Not Mean Your Degree Must Be Finished in Four Years

The four-year limit is a limit on a single period of immigration admission, not a requirement that every student complete a degree in four years. Students whose academic programs legitimately require more time may be eligible to seek an Extension of Stay. The new process, however, adds an additional federal immigration step that did not generally exist under D/S.

What Should I Do Now?

Most students and scholars do not need to file an immigration application today. However, everyone in F or J status should begin paying closer attention to immigration dates and upcoming academic or travel decisions.

Everyone Should

  • Continue maintaining valid F-1 or J-1 status.
  • Review the program end date on your Form I-20 or DS-2019.
  • Review your most recent Form I-94 and understand what it currently shows as your Admit Until Date.
  • Check your Cal State LA email regularly for ISSO updates.
  • Check this webpage for updated guidance.
  • Contact ISSO before making decisions involving international travel, program extensions, school transfers, changes of major or educational level, or other significant changes to your academic program.

Check Your Form I-94 

Find the Situation That Applies to You

The impact of the final rule depends significantly on your current immigration status, travel plans, academic timeline, and future plans.

I am already in the United States in F-1 or J-1 status

If you are properly maintaining F-1 or J-1 status in the United States on September 15 and your current Form I-94 shows D/S, you will not automatically receive a new I-94 on September 15.

Under the transition provisions, you may generally continue under D/S through the applicable program end date on your Form I-20 or DS-2019 or for up to four years after the rule takes effect, whichever occurs first, provided that you continue maintaining status.

Current F-1 students covered by the transition provision generally retain the existing 60-day departure period. J-1 exchange visitors retain the existing 30-day departure period.

International travel changes this. If you leave the United States and return on or after September 15, you will generally enter under the new fixed-period framework.

I plan to travel internationally on or after September 15

International travel is not prohibited by the final rule. However, your immigration framework may change when you return.

A continuing F-1 or J-1 student or scholar who was previously admitted for D/S and later reenters the United States on or after September 15 will generally receive a specific Admit Until Date on the new Form I-94.

After every international entry, retrieve and review your new Form I-94. Your I-94, not the visa stamp in your passport, establishes the period for which you were admitted to the United States.

My I-20 or DS-2019 will expire during the 2026-27 academic year

Review now whether you expect to complete your program by the current program end date.

If you may need additional time because of a legitimate academic or program reason, contact ISSO well before your current end date.

Under the new framework, extending the academic program end date may also require an Extension of Stay application with USCIS. An ISSO advisor can explain which steps apply to your situation as federal implementation procedures become available.

I plan to apply for OPT or the STEM OPT Extension

The final rule does not eliminate post-completion OPT or the STEM OPT Extension. It does, however, add Extension of Stay requirements for students admitted under the fixed-period system.

DHS created a temporary transition exception for certain F-1 students who remain in the United States under D/S and file a qualifying post-completion OPT or STEM OPT application on or before March 18, 2027.

To use that transition provision, the student must remain eligible and continue in the United States under D/S through the time the OPT or STEM OPT application is filed.

A student who departs the United States and then reenters under the new fixed-period framework may instead need to file both the employment authorization application and an Extension of Stay application. Students considering Fall 2026 or early Spring 2027 OPT should discuss international travel with ISSO before departure.

I may change my major, transfer schools, or begin another degree

The final rule includes significant new restrictions on F-1 academic mobility.

  • F-1 students below the graduate degree level generally may not transfer schools or change educational objectives during the first academic year unless SEVP authorizes an exception for qualifying extenuating circumstances.
  • F-1 students at the graduate degree level or above generally may not change educational objectives during their program.
  • Graduate-level F-1 students generally may not transfer to another school during the program unless SEVP authorizes an exception for qualifying extenuating circumstances.
  • After completing a program, an F-1 student generally may begin another F-1 program only at a higher educational level, rather than at the same or a lower level.

Implementation note: DHS reserved authority to delay or suspend implementation of some academic-mobility restrictions if necessary while federal systems are updated. Do not assume that a planned change is either permitted or prohibited without checking with ISSO first.

I am a J-1 student, visiting scholar, or J-2 dependent

J-1 students and scholars are also moving from D/S to fixed periods of admission.

J-1 exchange visitors admitted on or after September 15 will generally receive an Admit Until Date based on the DS-2019 program end date, subject to the four-year maximum admission period and the existing 30-day departure period.

A J-1 scholar whose authorized exchange program can legitimately extend beyond the period of admission may need both the appropriate program action through the J-1 sponsor and an Extension of Stay application through USCIS.

J-1 students and scholars should contact ISSO before a program extension, transfer, international trip that may affect immigration timing, or another significant program change.

Your Form I-94 Becomes Even More Important

 

Under the fixed-period system, the Admit Until Date on the Form I-94 becomes a critical immigration deadline.

Beginning with entries under the new framework, students and scholars should make it a habit to retrieve and review their I-94 immediately after every entry to the United States.

If the class of admission, Admit Until Date, or other information appears incorrect, contact ISSO promptly.

Retrieve Your Form I-94 

Extension of Stay

One of the largest changes created by the final rule is the new Extension of Stay process for F-1 students and J-1 exchange visitors who need to remain in the United States beyond their authorized period of admission.

The process involves two different roles:

Cal State LA / ISSO

ISSO reviews the academic or exchange-program basis for an extension and completes the appropriate immigration-document and SEVIS actions when the student or scholar is eligible.

USCIS

USCIS adjudicates the federal Extension of Stay application. DHS anticipates use of Form I-539, or a successor form designated by USCIS.

A timely filed Extension of Stay application can allow an eligible F-1 or J-1 nonimmigrant to remain in an authorized period of stay while USCIS adjudicates the application. Different rules may apply to employment or practical training while an application is pending.

Do not wait until your immigration deadline is approaching. ISSO will publish Cal State LA procedures and recommended timelines as additional federal implementation guidance becomes available.

USCIS Form I-539 Information 

Frequently Asked Questions

Is the rule in effect now?

No. As of September 1, 2026, the rule is scheduled to take effect on September 15, 2026. Existing regulations remain in effect until then. A federal legal challenge is pending, but no court order has currently changed the effective date.

Do I receive a new I-94 automatically on September 15?

No. If you are already in the United States under D/S and qualify for the transition provisions, your existing I-94 does not automatically change on September 15. A later departure and reentry generally results in a new I-94 under the fixed-period system.

Does the four-year maximum mean I cannot finish a longer degree?

No. It means that a single fixed period of admission generally cannot exceed four years. A student who legitimately requires additional time may need to obtain the appropriate academic program extension and file an Extension of Stay application with USCIS.

Can I still travel internationally?

Yes. The final rule does not prohibit international travel. However, returning to the United States on or after September 15 generally places the traveler into the fixed-period admission system. Travel can also affect certain transition provisions, including the temporary OPT Extension of Stay exception.

Does the rule eliminate OPT, STEM OPT, or CPT?

No. The D/S final rule does not eliminate OPT, STEM OPT, or CPT.

It does change the immigration-extension framework surrounding some practical-training situations. Separately, SEVP issued new CPT guidance in August 2026 that affects how Cal State LA evaluates new CPT requests. Students should review the current CPT information and consult ISSO.

Will ISSO tell me if I need to take action?

ISSO will provide updates and targeted outreach as procedures become clearer. Students and scholars remain responsible for maintaining status, monitoring their immigration documents and deadlines, checking Cal State LA email, and contacting ISSO when their circumstances change.

Could the September 15 effective date change?

Yes. The final rule itself notes that its effective date is subject to congressional review, and a federal lawsuit is also seeking to stop implementation.

Unless DHS, Congress, or a court changes the rule's status, Cal State LA must plan for the September 15 effective date.

Official & National Resources

Immigration regulations and implementation guidance can change quickly. The resources below provide additional information directly from federal agencies and national higher education organizations.

DHS Final Rule

Read the official final rule published in the Federal Register.

Federal Register 

SEVP Final Rule FAQ

Student and Exchange Visitor Program guidance and frequently asked questions about implementation.

Study in the States FAQ 

DHS Quick Summary

A shorter federal overview of the fixed-period admission rule.

Study in the States Quick Summary 

Form I-94

Retrieve your most recent U.S. admission record and review the class and Admit Until Date.

U.S. Customs and Border Protection 

Extension of Stay

Federal information about Form I-539 and requests to extend or change nonimmigrant status.

USCIS Form I-539 

National Higher Education Updates

NAFSA maintains a public resource tracking the D/S final rule, implementation developments, and the pending legal challenge.

NAFSA Duration of Status Resource 

Questions About How the Rule Affects You?

 

The final rule is complex, and the impact can differ depending on your immigration history, academic program, travel, employment authorization, and future plans.

Contact the International Students & Scholars Office (ISSO) before making an immigration-sensitive decision based solely on general information you find online.

International Students & Scholars Office
Library Palmer Wing, Room 4503
Phone: 323-343-3170

Contact ISSO