Elimination of Duration of Status (D/S) FAQ

On July 17, 2026, the Department of Homeland Security finalized a rule that changes how long international students and scholars are permitted to stay in the United States. The rule takes effect September 15, 2026.

This is one of the most significant regulatory changes to international education in decades, and the ISO is working closely with NAFSA and SEVP to understand the finer points of the rule. Rules of this scope are also frequently subject to legal challenge, and the details may continue to evolve between now and September 15. We will keep our community informed as our understanding develops.

This FAQ explains what is changing, who is affected, and what steps you may need to take. It is general information, not legal advice. The ISO’s team of international student advisors is the best resource for general questions about your specific circumstances, and we encourage you to reach out to us. We are here to support our international community. Impacted students may also wish to consult with their personal immigration law counsel for issues specific to their situation.

Overview of the Regulation

What is the current status of the proposed rule?

The rule is final as of July 17, 2026. The effective date of the rule is currently set for September 15, 2026. No provisions of the rule will be implemented before this date.

Where can I find the text of the rule?

The formal title of the rule is “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media.” You can access the text of the final rule by visiting the Federal Register/ Vol. 91.

What is changing?

The Department of Homeland Security is eliminating the "Duration of Status" (D/S) notation that F-1 and J-1 visa holders currently receive when entering the U.S. Currently, international students and scholars are admitted with a D/S notation, meaning “duration of status.” The allowed period of stay defaults to the end date on the I-20 form (for F-1 visa holders), or DS-2019 form (for J-1 visa holders), which is usually the academic or research program end date. Now, under the new regulation, your allowed length of stay would be limited to your academic program length or four years, whichever is shorter.

Under the existing D/S regulations, international students and scholars may apply for extensions of stay directly to their academic immigration advisors (DSOs or AROs), and do not have to apply for immigration extensions from a government agency, such as USCIS. The new regulations will require extensions to be processed either through an application to USCIS, or by departing the U.S. and re-entering with an extended I-20 or DS-2019 form.

When will this rule take effect?

The final publication date is July 17, 2026, so the effective date of the rule is 60 days later – September 15, 2026.

Does this affect me if I'm already in the U.S. as an F-1 or J-1 student?

Yes, but not to the extent it would if you were initially entering the U.S. If you are already in the U.S., your status as D/S will continue, though your actual program end date will default to the shorter of your I-20 form or DS-2019 form end date, or four years, whichever is shorter.

If you need more time, you will have to apply for an extension by filing form I-539 with U.S. Citizenship and Immigration Services (USCIS), with the support of the ISO, using Form I-539. You could also get an extension if you departed the U.S. with an extended form and were approved for re-entry by Customs and Border Protection (CBP).

Is there a transition period to the new rules? 

Yes. There is a 60-day period before the rule is in effect (September 15, 2026). Also, people in the U.S. who currently hold F-1 status and who are applying for post-completion OPT would have a six-month period following the effective date of the rule in which to submit the OPT application *without* having to also file Form I-539 for the extension period of their academic program. Applications filed for OPT after the end of the 6-month grace period would also have to file the I-539 form with USCIS. 

What happens to my 60-day grace period after my program or OPT ends? 

Students already in the U.S. when the rule takes effect will keep the current 60-day grace period after the end of their program or OPT. However, students who enter the U.S. after the effective date will only receive a 30-day grace period. 

I have dependents (e.g., spouse or children). What do I need to know? 

Dependent visa statuses (F-2 and J-2) will need to have extensions in addition to the F-1 or J-1. Dependents will need to be included in I-539 extension filings with the principal F-1 or J-1, but should not have to file with separate filing fees if their application accompanies the principal alien application. 

Extensions of Stay

How would I apply for an extension if the new regulation is implemented? 

In order to apply for an extension of your immigration status, you would need to first apply with the International Services Office for an extended I-20 form or DS-2019 form. You would then need to submit that signed form along with a completed and signed Form I-539 to USCIS to request an extension of stay. The USCIS fees for filing the application are found on the USCIS Fee Schedule. Alternatively, you could take the extended I-20 or DS-2019 form, depart the U.S., and re-enter showing the extended form. In order to do this, you would have to have a valid visa, and also NOT be on a travel ban or restriction list.

What do I need to know if my program takes longer than four years (e.g., a PhD)? 

You would need to apply to USCIS for an extension of stay by filing Form I-539, which, at the time of writing this FAQ, requires a fee of $470 (paper) or $420 (online). Extensions will only be approved for the specific time needed to finish your program — not for another full four years. PhD students may need to file multiple extension requests with USCIS over the course of their degree. Alternatively, you could take the extended I-20 or DS-2019 form and depart the U.S., and re-enter showing the extended form. In order to do this, you would have to have a valid visa, and also NOT be on a travel ban or restriction list. 

What are valid reasons for getting an extension approved by USCIS? 

Currently, your ISO advisor, in conjunction with your academic department, can determine if there are justifiable reasons for a program extension (8 CFR 214.2(f)(7)). These can include medical or academic reasons, or delays in program completion due to a natural disaster. USCIS may apply stricter standards and use its own discretion when determining if a program extension is warranted. As it is proposed, the pending rule emphasizes that USCIS should be the governing agency in determining eligibility for a legal status extension, and they can use discretion to determine if an extension is warranted. 

What are some reasons why an extension request may be denied by USCIS?

Generally, if the delays in program completion were shown to be due to poor academic performance, failing classes, or otherwise failing to make normal academic progress, USCIS can deny an extension request. If the person is deemed to have exceeded the normally allowed time period for a given academic program, an extension also might be denied. Proof of sufficient financial resources for the additional time period will also be required, and an application could be denied if funding was deemed insufficient. USCIS may review cases for possible fraud and violations of required non-immigrant intent, which requires F and J visa holders to maintain the intention of returning to their home country.

What should I do if my extension request is denied by USCIS? 

If USCIS denies an extension application, you should first inform the ISO. It would be advisable to consult with an immigration attorney as well about other options that might be available to you. With a notice of denial, your lawful status in the U.S. would end, and you would not be allowed the normal grace period to depart the U.S. Remaining in the U.S. following an extension denial would be a serious violation of immigration regulations and may subject you to the accrual of unlawful presence. This could result in you being barred from coming back to the U.S. for a certain number of years.

Do my dependents (F-2 or J-2) need to apply separately? 

Dependents should be included in your principal I-539 extension application rather than filing separately. Note though that they need to complete the I-539 form, but would not need to pay separate filing fees.

Transfers, Program Changes, and Degree Levels

Can I transfer schools or change my academic program? 

The rule significantly restricts this to certain circumstances. Undergraduate students may not transfer between schools or change programs within their first year of study, unless SEVP grants an exception for extenuating circumstances. Graduate students are prohibited from changing programs or transferring schools at any point during their degree. 

Can I pursue another degree at the same level? 

No. After completing a degree, F and J students are only permitted to move to a higher degree level. Pursuing another degree at the same or lower level is not allowed, though the proposed rule notes some ambiguity around how degree levels are defined (e.g., MBA vs. MS, LLM vs. JD). 

I’m completing a Master’s degree, and have been admitted to a PhD program. Will I have to file an I-539 extension application with USCIS in order to start my new academic degree program? 

Yes. Changing your academic level to a higher degree program will require you to receive a new I-20 or DS-2019 from your ISO advisor, and then to file an I-539 form with USCIS. Alternatively, you could take the extended I-20 or DS-2019 form, depart the U.S., and re-enter showing the extended form. In order to do this, you would have to have a valid visa, and also NOT be on a travel ban or restriction list.

Employment Authorization and OPT

What about OPT? How will it be impacted? 

It depends on timing. If you are in the U.S. with a D/S status notation and apply for OPT within six months of the rule's effective date, you do not need to file an I-539 extension — just the standard I-765 work authorization form. If you apply after that six-month window, you will need to file both the I-765 and the I-539 with USCIS, along with the associated fees. Note that if you travel outside the U.S. and re-enter after the rule's effective date, you lose the six-month grace period for applying for OPT under the current process and accordingly will be required to file both the I-765 and I-539 with USCIS. 

What happens to my 60-day grace period after my program or OPT ends? 

Students already in the U.S. when the rule takes effect will keep the current 60-day grace period after the end of their program or OPT. However, students who enter the U.S. after the effective date will only receive a 30-day grace period. 

Can I still work while my Form I-539 extension application is pending with USCIS? 

Yes, for up to 240 days, provided your I-539 was received by USCIS before your academic program end date as listed on your I-20 or DS-2019. This applies to on-campus work, CPT, and pre-completion OPT. 

Program-Specific Considerations

Will this impact students pursuing 4 + 1 programs (combined undergraduate and graduate degrees)? If so, how? 

Students who need more than 4 years to be in the U.S. for their studies will need to apply for a program extension to stay in the U.S. beyond the 4 years. A program extension is $470 for paper filing, $420 for online (at the time of writing this FAQ), and must be done prior to the 4-year expiration date. Alternatively, a student can depart the U.S. and re-enter after having the extension request issued by ISO. In order to do this, a student would have to have a valid visa, and also NOT be on a travel ban or restriction list.

How will this affect declared minors?

The rules only apply to the major since declared minors do not show on an I-20 or DS-2019.

How will this rule affect “undeclared” undergraduate students?

U.S. immigration rules do not allow immigration documents to list majors as "undeclared." Instead, a broad field like "General Studies" or "Liberal Arts and Sciences" is used to assign the required federal CIP code. Now, "undeclared" undergraduate students won't be able to change their major, even from "General Studies" or "Liberal Arts and Sciences" until they complete 1 year of their academic program. After that time, they can change/declare a new major, and it will be noted on their immigration document.

What about undergraduate students pursuing a double major?

The major is listed as major 1, and if they have a 2nd major as major 2 on the I-20. These will show up on the initial I-20 and cannot be changed until after 1 year of study.

Next Steps & Resources

What should I do now?

Students should talk to your international student advisor about your questions. If you are planning to apply for OPT, transfer, change programs, or need a program extension, acting before the rule takes effect may allow you to minimize the impact of the new requirements and fees.

What resources are available to me as a GW student?

You are not navigating this alone. GW offers a range of support for international students and scholars. Whether you have a specific question about your I-20 or DS-2019, need help thinking through timing, or want to talk with someone about what this means for you, there is a place to start in the list of resources below. 

Impacted students may also wish to consult with their personal immigration law counsel for issues specific to their situation.