DHS Ends “Duration of Status” Rule for F-1 and J-1 Students and Scholars

Office of International Students and Scholars oiss@tulane.edu

Dear International Student or Scholar, 

This morning, the US Department of Homeland Security (DHS) has published a final regulation that imposes significant changes to how students and scholars in F-1 and J-1 status are admitted to and may remain in the United States for study, research, and teaching. This new rule replaces the long-standing “duration of status” (D/S) framework and instead provides fixed periods of admission and a new extension-of-stay process.  Given the depth and impact of the changes, we ask that you be sure to read this entire message and to look for future updates on our Duration of Status Rule page.

The rule is currently scheduled to take effect on September 15, 2026, 60 days after publication. Until that effective date, current immigration regulations will apply as normal. We expect legal challenges to this rule that may affect the timeline and ultimate scope.  We also expect further refinement from USCIS as to the specific actions and applications required to comply with these new rules.  As always, we are reviewing the new rule closely and will provide additional guidance as more details become available. 

What is changing? 

Until now, F-1 students and J-1 exchange visitors have been admitted to the United States for “duration of status,” or D/S. This meant that you could generally remain in the US as long as you continued to comply with the requirements of your F-1 or J-1 status, including making normal progress toward your academic or exchange objective.  This framework allowed for adjustments based on research delays, changes in major, school transfers, and OPT authorizations. Under the new rule, F-1 and J-1 students and scholars will instead be admitted until a specific date reflected on their Form I-94 arrival record. In most cases, your period of admission will be tied to the program end date on your Form I-20 or DS-2019 at the time of entry, plus a 30-day grace period. The new fixed duration will be limited to no more than four years at a time. If you need additional time in the United States beyond your authorized admission period, you will need to apply to USCIS for an extension of stay before your current period of admission expires.  J-1 exchange visitors need sponsor recommendation, Department of State, and USCIS approval. 

Who is affected?

The rule affects individuals in F and J status, including:

  • F-1 students and F-2 dependents;
  • J-1 students, scholars, researchers, professors, and other exchange visitors; and
  •  J-2 dependents. 

The rule may directly affect individuals differently depending on their immigration status, program length, travel plans, academic progress, employment authorization, and other future plans. 

Who is not affected?

Lawful Permanent Residents and people in H-1B, O-1, TN, or any other immigration status that has not used D/S as an admission. 

Important Changes for F-1 Students 

Fixed admission periods

Once the rule takes effect, F-1 students entering the United States should expect to receive a specific “admit until” date on your Form I-94 rather than the D/S that you currently receive.  Please review your I-94 record after every entry to the United States.

We expect your new admission period to be based on the program end date listed on your Form I-20, or four years from the final rule effective date, whichever is shorter, plus a 30-day grace period (now reduced from the previous 60-day grace period) 

Extensions of Stay will be required 

Students who need more time than their currently authorized admission period (because of a program extension, a change in educational objective, practical training, or another qualifying reason) will need to file an extension application with USCIS before their I-94 expiration date.  There is no limit on how early an extension of stay can be filed with USCIS, and premium processing for this request will not be initially available.  Students who timely file an extension request are in a period of authorized stay and may continue their activities while their application is pending.

This is a substantial change from the current process, under which many program extensions and changes could be accommodated more simply through OISS and SEVIS with an updated I-20.

USCIS extension applications may involve filing fees, processing times, and other requirements. OISS will provide individual guidance to students who may need to apply as the procedures are announced.

Changes in program or educational level & SEVIS Transfers

This new rule limits certain changes in academic plans for F-1 students. It restricts pursuing an additional program at the same or a lower education level after completing a course of study in the United States. It also limits changes in educational objectives during a program of study at the graduate level. This means that graduate students may no longer change degree programs and would be prohibited from pursuing opportunities like a second Masters.

F-1 graduate students will not be permitted to transfer schools at any point during their program.  Meanwhile, F-1 undergraduate students will be explicitly prohibited from transferring schools or changing majors or educational levels during the first academic year, unless granted an SEVP exception.

If you are considering a transfer, change of major, change of degree level, second degree, or other significant academic changes, you should consult OISS before acting. 

Practical training

The rule will affect how F-1 students plan for Optional Practical Training (OPT), and STEM OPT.  When you apply for OPT or STEM OPT, be sure to pay close attention to your I-94 expiration date and consult OISS well in advance of any need for an extension of stay.

An approved Employment Authorization Document (EAD) does not, by itself, extend your authorized period of stay, so additional applications to USCIS may be required.

Students who are already present in the US with D/S as an end-date when this rule goes into effect may apply for OPT authorization without also having to request an Extension of Status until March 17, after which they will have to have their Extension approved by USCIS.

Shorter grace period 

The rule reduces the F-1 grace period following completion of a program or OPT from 60 days to 30 days. During this period, you may prepare to depart the United States, transfer to another school, or begin a new program where eligible.

I-94s

Under the new rule, your I-94 expiration date will become especially important. Remaining in the United States beyond the authorized date on your I-94 without a timely filed extension application will result in a loss of immigration status and will lead to the accrual of unlawful presence starting from your I-94 expiration date.

Please review your I-94 record after every entry to the United States and do not assume that the end date on your I-20, DS-2019, visa stamp, EAD, or passport controls your authorized period of stay.  Only your I-94 will control your authorized stay. This is a marked departure from the previous rule in which your stay was determined by your I-20.

To help support you in maintaining your status, we have added a new I-94 Update eform in the iGlobal Portal so that you may easily share your end date with OISS. 

Important Changes for J-1 Students and Scholars 

Fixed admission periods

Once the rule takes effect, J-1 exchange visitors entering the United States should expect a specific “admit until” date on their Form I-94 rather than the D/S that they currently receive.  In most cases, your period of admission will be tied to the end date on your Form DS-2019, plus a 30-day grace period, and generally will not exceed four years. 

Extensions of Stay will be required 

J-1 students and scholars who need additional time to complete their academic, research, teaching, or exchange activity may need to apply to the Department of State as well as USCIS for an extension of stay before their I-94 expiration date.

This may be particularly important for scholars whose research appointments, grants, or lab work extend beyond their initially authorized period of admission, such as post-doctoral researchers whose appointments are issued on a year-to-year basis.

OISS will work with J-1 Exchange Visitors and your sponsoring departments to identify cases that may require action. However, you should be sure to plan early and notify OISS promptly of anticipated changes to your program dates, appointments, funding, or research timelines. 

Academic Training and other post-program plans

Depending on the timing of your program and your I-94 expiration date, an extension-of-stay application may be necessary to remain in the United States for the full authorized period of your Academic Training.

I-94s

Under the new rule, your I-94 expiration date will become especially important. Remaining in the United States beyond the authorized date on your I-94 without a timely filed extension application will result in a loss of immigration status and will lead to the accrual of unlawful presence starting from your I-94 expiration date.

Please review your I-94 record after every entry to the United States and do not assume that the end date on your I-20, DS-2019, visa stamp, EAD, or passport controls your authorized period of stay.  Only your I-94 will control your authorized stay. This is a marked departure from the previous rule in which your stay was determined by your DS-2019.

To help support you in maintaining your status, we have added a new I-94 Update eform in the iGlobal Portal so that you may easily share your end date with OISS. 

What should you do now? 

If you are already in the US in F-1 or J-1 status, your I-94 will continue to have a D/S end-date until the next time you travel, after which you will be admitted until your program end date.  This exception will be in effect until 2030. 

In the meantime, we encourage all of you in F-1 and J-1 status to:

  • Review the program end date on your current Form I-20 or DS-2019;
  • Review your most recent Form I-94 record;
  • Notify OISS promptly if your program, academic plan, research activity, appointment, funding, or expected completion date may change, or if you expect to stay in the US beyond your program end date;
  • Consult OISS before pursuing a transfer, change in major or educational objective, change in degree level, program extension, OPT, STEM OPT, Academic Training, or other significant immigration-related change. 

OISS Support 

We recognize that this change creates uncertainty and additional administrative requirements for members of our international community. We remain committed to supporting Tulane’s F-1 and J-1 students, scholars, and departments throughout implementation. 

Over the next few weeks, OISS will:

  • Release additional guidance and frequently asked questions, including any challenges affecting the timeline or ultimate implementation;
  • Contact individuals and departments who may be most immediately affected;
  • Offer information sessions for the Tulane community. Please hold the date for Tuesday July 28 at 3:00 PM CST. More information coming soon.
  • Provide case-specific advising as USCIS and the Student and Exchange Visitor Program issue additional implementation guidance. 

OISS is committed to supporting you all through this transition. We will continue to monitor developments closely and communicate clearly as additional guidance becomes available.  Until then, please continue to maintain your current immigration status and contact OISS with questions about your individual circumstances. 

Sincerely, 
Frank Calabrese and the OISS Team