The Duration of Status rule, effective September 15, 2026
In short
From September 15, 2026, F-1 students are admitted until a fixed date instead of for "duration of status." Students already in the United States on that date keep D/S until their I-20 program end date or September 15, 2030, whichever comes first — unless they travel, in which case they come back on a fixed-date I-94. Staying past your date means filing Form I-539 before it.
Status
Rule status — last checked September 14, 2026. The Duration of Status final rule took effect on September 15, 2026. It contains a severability clause and has no sunset or review provision. Plan on the rule as written; do not postpone a filing on the assumption that it will change.
What changed
Before the rule, an F-1 student's Form I-94 read "D/S" — duration of status — and lawful stay ran for as long as the student kept studying, with a flexible 60-day period to wrap up after finishing. Under the rule, admission runs to a date certain, and staying beyond it requires an approved extension of stay from USCIS.
- Effective date
- September 15, 2026
- Authority
- Federal Register, Vol. 91, No. 136 (July 17, 2026); new 8 CFR 214.1(m)
- Who keeps D/S
- Students properly maintaining F-1 status on September 15, 2026 who were admitted for D/S — until their program end date or September 15, 2030, whichever comes first
- Who gets a fixed date
- Every new admission on or after September 15, 2026, and every transition-cohort student who travels and re-enters
- The four-year cap
- September 15, 2030 — four years after the effective date
- Extension of stay
- Form I-539, filed with USCIS before the current authorized stay ends
- OPT carve-out
- Form I-765 for post-completion or STEM OPT filed on or before March 18, 2027 — no separate extension needed
If you were already here on September 15, 2026
Aliens in F-1 status who are properly maintaining their status on September 15, 2026 and were admitted for D/S do not need to have their Form I-94 corrected to a date certain, provided they continue their studies or programs listed on their I-20s.
They will be allowed to stay in D/S until the program end date on those DS-2019s and I-20s or 4 years after the effective date of the rule, whichever comes first.
Two dates matter. The first is the program end date on your current Form I-20. The second is September 15, 2030. Whichever comes first is the end of your authorized stay under the transition provision. If your program end date is earlier than September 15, 2030 — which is true for most master's students and many PhD students — the program end date controls and the four-year cap never touches you. No exemption application exists or is needed.
Should you extend your Form I-20?
Extending the I-20 is not required by the rule, and it is not always a good idea. The program end date on your I-20 is what the transition provision reads. Extending it changes which date controls:
| Scenario | Which date controls | Consequence |
|---|---|---|
| I-20 ends May 2030, not extended | May 2030 (before the cap) | Not subject to the four-year cap; file I-539 by about November 2029 only if you need more time |
| I-20 extended to 2031 | September 15, 2030 (the cap) | Now subject to the cap; must file I-539 before September 15, 2030 |
| I-20 ends 2028 | 2028 | The cap is irrelevant; plan around your program end date |
Ask your DSO one question: "Will my program definitely be completed by the date on my current I-20?" If the answer is "possibly longer," an extension documents your true program length in SEVIS. If your program end date is already within four years of September 15, 2026, do not extend just because the rule exists.
The grace period
Before the rule, the 60-day period was flexible: sixty days to wrap up after finishing your degree. Under the rule it is a hard deadline measured from a fixed point.
An F-1 student whose program or OPT has ended on the effective date of the rule will have the remainder of their allowed departure period to leave the United States, i.e., 60 days from the program end date on their I-20.
- Transition-cohort students who keep D/S: 60 days from the program end date on the I-20 (or from the end of OPT).
- Students on a fixed-date I-94 — new admissions, and anyone who travelled and re-entered: 30 days after the date on the I-94.
- In both cases an extension of stay must be filed before the current authorized stay ends, including the departure period. Filing during the departure period is late for some purposes; file before your program end date.
Travel converts D/S into a fixed date
However, should these F and J nonimmigrants decide to travel abroad during this transition period, they will be issued a new I-94 with a date certain upon their return, as will all other F and J nonimmigrants.
Travel after September 15, 2026 is permitted, but on re-entry you lose D/S and receive a new I-94 with a fixed end date — typically your program end date (or your OPT end date, if OPT is approved), or the four-year cap, whichever is sooner. The full consequences are on the travel and re-entry page.
Changing programs or educational level
If the student wishes to begin a new program at a higher educational level, they must obtain a new Form I-20 and, if the new program is not completed within the current admission period, apply for EOS before the end of their current authorized stay (including the 30-day grace period).
An F-1 student at the graduate level or above may not change educational objectives at any point during their program of study for the reasons outlined above. However, DHS recognizes that extenuating circumstances, such as a school closure or a school's prolonged inability to hold in-person classes due to a natural disaster, may prevent a graduate student from being able to continue their studies…
A move from a master's program to a PhD is a change of educational level. Under the rule a graduate student may not change educational objectives during a program without SEVP authorization for extenuating circumstances. If that is your plan, contact your international student office now, ask them to seek SEVP authorization before your current program end date, and have the new I-20 issued before the current one expires. Do not allow a gap in status between the two programs.
The rule is not retroactive
This rule is not retroactive and does not impose new or additional penalties for violations that occurred prior to the effective date. Only those maintaining status on the effective date are subject to the transition provisions and will begin to accrue unlawful presence if they overstay the new fixed period.
"Not retroactive" means the rule does not punish anything that happened before September 15, 2026. It does not mean students already here are unaffected: from the effective date forward, overstaying the new fixed period starts the unlawful-presence clock.
Will the rule be reversed?
The rule does not address future policy changes and includes no sunset or review provision. Reversing it would require a new notice of proposed rulemaking, a public comment period, and implementation time. Its severability clause signals that DHS anticipated legal challenges, and court challenges typically take years to resolve. Plan on the rule as written. Monitor the Federal Register for changes to 8 CFR 214.1(m) and 8 CFR 214.2(f), and do not postpone an extension filing on the hope that the rule goes away.
Frequently asked questions
Will the new rule affect my current status?
If you are maintaining F-1 status in good standing, the rule does not immediately change it. You remain in D/S until your program end date or September 15, 2030, whichever comes first. Action is needed only if you must extend beyond that date — or if you travel, which converts your admission to a fixed date on re-entry.
I am in my fourth year and my I-20 expires in 2028. Do I need an exemption?
No. 2028 comes before September 15, 2030, so your program end date controls. No exemption exists or is needed. If you need to extend beyond your program end date, file Form I-539 about six months before it.
Does the four-year cap apply to my visa stamp?
No. The rule changes your admission period — the date to which you may stay, tied to your I-20 and I-94 — not the visa in your passport. A visa expiring in 2029 does not need renewing to stay in the United States; it needs renewing only if you leave and want to come back after it expires.
Sources
The primary documents this page is written from. Check them before you rely on anything here.
- Duration of status final rule, 91 FR 44976 (July 17, 2026)
- Final rule, full text PDF (govinfo)
- CBP Form I-94 retrieval and travel history
- DHS Study in the States
Citations. 8 CFR 214.1(m); 8 CFR 214.2(f); 91 FR 44976 (July 17, 2026).
F-1 status under the 2026 rule
The Duration of Status rule, the Form I-539 extension of stay, OPT and the March 18, 2027 deadline, CPT, travel, and the FAQ.