{"id":3492,"date":"2026-08-12T00:55:02","date_gmt":"2026-08-12T05:55:02","guid":{"rendered":"https:\/\/wp.uthscsa.edu\/ois\/?p=3492"},"modified":"2026-08-12T15:55:19","modified_gmt":"2026-08-12T20:55:19","slug":"duration-of-status-d-s-rule-change-summary-that-takes-effect-september-15-2026","status":"publish","type":"post","link":"https:\/\/wp.uthscsa.edu\/ois\/2026\/08\/12\/duration-of-status-d-s-rule-change-summary-that-takes-effect-september-15-2026\/","title":{"rendered":"Duration of Status (D\/S) Rule Change Summary That Takes Effect September 15, 2026"},"content":{"rendered":"

This summary is based on our initial review and analysis by the Office of International Services of the Department of Homeland Security\u2019s final rule, \u201cEstablishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media<\/a>,\u201d\u00a0which was\u00a0published on July 17,\u202f2026.<\/p>\n

Since the rule is extensive and has deep ramifications for our F-1 and J-1 scholars, the Office of International Services is still unpacking the lengthy rule and will update our students, Exchange Visitors (EV), departments, and other stakeholders when updates become available, and as our understanding of the rule develops. We encourage students and scholars, and other campus partners to check this page periodically for the latest information.<\/p>\n

Rule Overview<\/strong>
\n
\nGeneral\u00a0<\/strong>
\nAs previously mentioned, the Department of Homeland Security (DHS) published a final rule in the Federal Register that ends duration of status, or D\/S for F, J, and I nonimmigrants. See below for more information\u00a0regarding\u00a0D\/S.<\/p>\n

With the new ruling, F-1 and J-1 nonimmigrants and their dependents will be granted a fixed\u00a0period of time\u00a0in the U.S. The effective date for the new rule is September 15, 2026. Starting from that date, F and J nonimmigrants who require\u00a0additional\u00a0time to complete their\u00a0studies,\u00a0or exchange programs,\u00a0will\u00a0be\u00a0required\u00a0to\u00a0submit\u00a0an Extension of Stay request form to\u00a0U.S. Citizenship and Immigration Services (USCIS).<\/p>\n

If F-1 and J-1 nonimmigrants who were admitted for D\/S before September 15, 2026, remain in the\u00a0U.S.\u00a0after the new rule goes into effect, they will\u00a0generally retain\u00a0their D\/S. If they leave\u00a0and\u00a0travel internationally and seek re-admittance on or after September 15, 2026, they and their dependents will now be subject to the new rule and lose their D\/S status. Similarly, if a student or EV is approved for an Extension of Stay, they will then be given a fixed date and thus lose their D\/S.<\/p>\n

Duration of Status\u00a0\u00a0<\/strong>
\nDuration of Status\u00a0is a period of authorized stay in the United States issued to nonimmigrants each time they arrive at a U.S. port of entry and is\u00a0determined\u00a0by Customs\u00a0and Border Protection (CBP). A CBP officer will\u00a0determine\u00a0how long the individual can remain in the U.S. and\u00a0issue the nonimmigrant\u00a0a from I-94 and admits them to the U.S.\u00a0Please note\u00a0that\u00a0the I-94\u00a0and visas are not the same. An I-94\u00a0is what governs how long an individual\u00a0is authorized to\u00a0remain in the U.S. while a visa is what allows a person to seek admission to the U.S.<\/p>\n

\"Sample<\/p>\n

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\"Sample<\/p>\n

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D\/S is the admission framework that F-1 students have\u00a0utilized\u00a0since its\u00a0inception\u00a0in the late 1970s and was later extended to J-1 EVs in the mid-1980s. Since that time, CBP has admitted F-1 and J-1 nonimmigrants for a period that is\u00a0called \u201cDuration of Stay\u201d and is a nonimmigrants\u2019 lawful stay in the U.S. which is tied to maintaining requirements of their immigration status\u00a0instead of assigning\u00a0a specific fixed calendar date that expires. If an F-1 student requires\u00a0additional\u00a0time to complete their academic program, for instance, OIS has the authority from the Department of Homeland Security (DHS) to extend a\u00a0student\u2019s\u00a0form I-20. This would\u00a0allow the student to continue in their F-1 lawful status without having to apply to U.S. Citizenship and Immigration Services\u00a0(USCIS)\u00a0and complete form I-539\u00a0for an Extension of Stay (EOS).\u00a0Likewise, if a J-1 EV\u2019s program required\u00a0additional\u00a0time, then the program sponsor and OIS would work together to extend the EVs form DS-2019. This would allow the EV to remain in lawful J-1 status without filing an EOS with USCIS.<\/p>\n

Under the D\/S framework, those on F-1 and J-1 visas could transition from one educational level to another\u2014for example, from a bachelor\u2019s in biology, to a Bachelor of Science in Nursing (BSN)\u2014without completing an EOS (I-539) to apply to extend their lawful period of stay.<\/p>\n

This was the framework for F-1 and J-1 visa holders in the U.S. since the mid-1980s. Their authorization to stay in the U.S was based on\u00a0maintaining\u00a0valid status and not on applying\u00a0for and being granted extensions of stay which would provide an individual\u00a0with\u00a0a fixed admission period. However, starting September 15, 2026, DHS will implement a new framework once the final rule goes into effect. This new rule will replace the D\/S admission with a fixed period of stay.\u00a0It is important to note that the rule will go into effect on September 15, 2026, unless\u00a0Congress\u00a0acts. This rule is subject to the Congressional Review Act (CRA) and\u00a0Congress request to review it before its implementation. However, in practice, it is atypical for\u00a0Congress\u00a0to make this request.<\/p>\n

Key Provisions:\u00a0At\u00a0A Glance\u00a0<\/strong><\/p>\n

D\/S \u2192 AUD\u00a0<\/strong>
\nStarting September 15, 2026, D\/S will end for F-1 students, F-2 dependents, J-1 exchange visitors, and\u00a0J-2\u00a0dependents. From that date onward, they will receive an Admit Until Date (AUD) on their form I-94 instead of D\/S. The AUD will specify the length of time the individual\u00a0is authorized to\u00a0remain in the U.S.<\/p>\n

Individuals admitted on or after the new rules\u2019 effective date will be admitted until the program end date on their Form I-20 or DS 2019, or four years, whichever comes first. This now means that the student and EV must monitor their AUD expiration date during their stay and request an EOS from USCIS (or exit the U.S. and seek re-entry from CBP) it they will remain in the U.S. beyond their authorized period of admission. Our current understanding of the start date of the four years is that it begins on September 15, 2026.<\/p>\n

AUD does not limit the total amount of time an individual may study, research, or be an EV in the\u00a0U.S;\u00a0it limits the length of an individual\u2019s period of admission. If an F-1 or J-1\u00a0requires\u00a0additional\u00a0time, they must now obtain an EOS before their AUD expires, or seek another lawful admission by traveling and re-entering the U.S.<\/p>\n

Grace Period\u00a0<\/strong><\/p>\n