Elimination of Duration of Status: Summary & FAQs

Important Update: Court Action on the D/S Rule

September 14, 2026

At the end of the day on Monday, September 14, 2026, a federal judge in the U.S. District Court for the District of Massachusetts (Presidents' Alliance et al. v. DHS) has issued an order preliminarily enjoining DHS from implementing this rule. As a result, the rule ending D/S will NOT take effect on September 15th as originally scheduled, and the current D/S framework remains in place for now. What this means is that:

  • You and your dependents may continue to be admitted and to remain in the U.S. for Duration of Status, as long as you continue to comply with the terms of your program.
  • You do not currently need to apply for an Extension of Stay under the fixed-admission-period system the new rule would have created
  • If you are an F-1 student, you are not subject to the rule's new limits on changing your educational objective, transferring institutions, or pursuing additional programs of study – these restrictions also do not go into effect while the preliminary injunction is in place.
  • No action is required on your part at this time.

Please note that this is a preliminary court order, not a final resolution. The administration may appeal, and the underlying litigation is ongoing. The rule may still take effect later, depending on how the case proceeds. We will continue to monitor developments closely and update you as soon as anything changes.

We recognize that this rule has created ongoing uncertainty and many questions for our community. For now, we will continue to operate within the existing D/S framework until there are further developments in the case.

In the meantime, please continue to carry your immigration documents and maintain your immigration status as usual. If you have questions about how this affects your individual situation or your dependents' status, please contact your designated OISS adviser.

We are keeping the summary and FAQ of this rule that we published back in July, unchanged. Given the court order pausing the rule's implementation, the section below now outlines what this rule would mean if it goes into effect once the legal challenge concludes.


About This Guidance

Last Updated: July 22, 2026

This page is based on our initial review and analysis of the DHS final rule, “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,” published on July 17, 2026.

Because the rule is extensive and introduces significant changes to the way F-1 and J-1 students and scholars maintain and extend status in the United States, there are provisions that will require additional guidance and clarification from the Department of Homeland Security (DHS), the Department of State (DoS), U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and the Student and Exchange Visitor Program (SEVP). As these agencies issue additional guidance and as the higher education community continues to analyze the rule, our interpretation and understanding of certain provisions may evolve.

We will continue to review new information and update this page as additional guidance becomes available and our understanding develops. We encourage students, scholars, and campus partners to check this page periodically for the latest information.

Over the coming weeks and months, OISS will also develop additional resources to help members of the Yale international community prepare for the rule's implementation. These resources will include instructions for submitting the Form I-539, Extension of Stay (EOS) requests to USCIS, and procedures for collecting and maintaining Form I-94 admission records, all of which will be made available before the rule's effective date.

Contents


Click any heading below to expand or collapse it.

Part I: Overview

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Part II: Quick Facts About the New DHS Rule

This section provides a high-level overview of the most important aspects of the new DHS regulation. Additional details, examples, and answers to common questions are provided in the Frequently Asked Questions (Part V).

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Part III: What Are Some of the Major Changes Brought by the New Final Rule??

The final rule is one of the most significant changes to F-1 and J-1 regulations in more than 30 years. It largely adopts the proposed August 2025 rule, but some important implementation details and transition provisions were clarified in the final version.

Below is an executive summary of the most important changes for F-1 and J-1 international students and scholars.

Comparison of the Current and Final Rules
Current rule (before Sept. 15, 2026) Final rule (Sept. 15, 2026, and onward)
Arrivals admitted for Duration of Status (D/S) Arrivals admitted until a fixed “Admit Until Date” (AUD) on the I-94
No USCIS extension is needed if program is extended (including use of F-1 practical training and J-1 academic training for students) USCIS Extension of Stay (EOS) or admission by CBP with a longer AUD required if additional time is needed beyond the I-94 expiration date
60-day F-1 grace period 30-day F-1 grace period (J-1 grace period remains as 30 days as before)
Students may generally transfer schools, change educational levels, or change educational objectives (subject to SEVP rules) New restrictions on transfers and changes of educational objectives (major or degree level). For undergraduates only in their first year, for graduate students during their program of study.
Program completion largely managed through SEVIS Future stay depends on both SEVIS and USCIS approval or CBP admission

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Part IV: Resources

Official DHS, USCIS, and CBP Resources

Form I-94 Resources

Because the new rule makes the Form I-94 the primary document governing a student's or scholar's authorized period of stay, understanding and monitoring your I-94 record will become increasingly important.

Analysis and Commentary

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Part V: Frequently Asked Questions

Not every section applies to every reader. Many students and scholars will find that only one or two sections are directly relevant to their situation.

The implementation of the new DHS regulations is expected to evolve as additional guidance, policy memoranda, agency interpretations, and operational procedures are issued by the Department of Homeland Security (DHS), Department of State (DoS), U.S. Citizenship and Immigration Services (USCIS), the Student and Exchange Visitor Program (SEVP), and U.S. Customs and Border Protection (CBP).

Accordingly, the information contained in this document and our guidance may change. Students and scholars should not rely solely on this FAQ when making immigration-related decisions and should consult their designated OISS adviser for guidance based on their individual circumstances and the most current government guidance.

Throughout this guide, references to an Extension of Stay (EOS) generally refer to filing Form I-539 with U.S. Citizenship and Immigration Services (USCIS). References to travel and reentry refer to departing the United States and seeking a new period of admission from U.S. Customs and Border Protection (CBP) upon returning with valid immigration documents.

FAQ Contents


Section A: Common Scenarios

The following examples summarize how the rule commonly applies in practice. Individual circumstances may differ, and later sections provide additional detail.

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Section B – Understanding the New Rule

The new DHS rule changes one of the most fundamental aspects of F-1 and J-1 immigration status: how long students and scholars are admitted to the United States.

Under the previous system, most individuals were admitted for Duration of Status (D/S), allowing them to remain in the United States for as long as they maintained their immigration status. Beginning September 15, 2026, most new admissions in F-1, F-2, J-1, and J-2 status will instead receive a fixed period of admission ending on the Admit Until Date (AUD) shown on their Form I-94.

The rule does not eliminate F-1 or J-1 status or change the academic, research, employment, or reporting requirements associated with those classifications. Instead, it changes how long an individual is admitted to the United States before another period of authorized stay may be required.

The questions below explain the new rule at a high level. Later sections discuss transition provisions, travel, Extension of Stay (EOS), employment, and other topics in greater detail.

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Section C – Transition Provisions (Students and Scholars Already in the United States on September 15, 2026)

One of the most common questions about the new rule is whether it immediately affects students and scholars who are already in the United States when the regulation takes effect.

For most individuals, the answer is no.

The final rule includes transition provisions that generally allow individuals who were admitted in F-1, F-2, J-1, or J-2 status for Duration of Status (D/S) before September 15, 2026, to continue under that admission rather than automatically converting to the new fixed-period admission system.

However, the transition provisions are not permanent. Certain events—such as international travel, approval of an Extension of Stay (EOS), or another immigration action described in the regulation—will end the transition period and place the individual under the new admission system.

Understanding when those transition provisions end is one of the most important aspects of the new rule.

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Section D – International Travel and Reentry

International travel becomes more significant under the new rule because, for many students and scholars, travel will be the event that transitions them from Duration of Status (D/S) to the new fixed-period admission system.

For individuals already in the United States before September 15, 2026, travel does not become prohibited or discouraged. However, every international trip should be planned carefully because returning to the United States will generally result in admission for a fixed period of time rather than D/S.

This section explains how travel affects your immigration status, what documents you should review before departing and after returning, and when travel may be preferable to filing an Extension of Stay (EOS).

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Section E – Form I-94 and the Admit Until Date (AUD)

Under the new rule, your Form I-94 becomes one of your most important immigration documents.

Although the Form I-20 (for F-1 students) and Form DS-2019 (for J-1 exchange visitors) continue to document your academic program or exchange visitor activity, your Form I-94 now establishes how long you are authorized to remain in the United States.

Because your Form I-94 may expire before your Form I-20 or DS-2019, students and scholars should review it carefully after every entry into the United States and monitor its expiration date throughout their stay.

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Section F – Extension of Stay (EOS)

One of the most significant changes under the new rule is that many F-1 and J-1 students, scholars, and their dependents will eventually need to obtain an Extension of Stay (EOS) if they need additional time in the United States beyond the Admit Until Date (AUD) on their Form I-94.

Under the previous Duration of Status (D/S) system, extending a Form I-20 or Form DS-2019 was often sufficient to continue an academic program or exchange visitor activity. Under the new rule, extending the immigration document alone generally does not extend the individual's authorized period of admission.

Instead, individuals who need additional time will generally obtain another lawful period of authorized stay through one of two methods:

  • International travel and readmission, resulting in a new Form I-94; or
  • An approved Extension of Stay (EOS) from U.S. Citizenship and Immigration Services (USCIS).

This section explains when an EOS may be required, how the process works, and what happens while an application is pending.

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Section G – Employment and Practical Training

The new rule does not eliminate or fundamentally change the employment benefits available to F-1 students or J-1 exchange visitors.

Students may still qualify for:

  • On-campus employment
  • Curricular Practical Training (CPT)
  • Optional Practical Training (OPT)
  • STEM OPT extensions

Similarly, J-1 exchange visitors may continue to participate in:

  • Employment authorized as part of their exchange visitor category
  • Academic Training (AT), when permitted by the Exchange Visitor Program regulations

What changes is how long individuals are authorized to remain in the United States while participating in these activities. In some circumstances, employment authorization may extend beyond the individual's current Admit Until Date (AUD), requiring an Extension of Stay (EOS) or a new period of admission before employment may continue.

This section explains how the new rule affects each type of employment authorization.

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Section H – Students

Although the new rule applies to all F-1 students, its practical impact varies depending on where you are in your academic career.

Many undergraduate and master's students will complete their academic programs within a single period of admission and may never need an Extension of Stay while pursuing their degree.

Doctoral students, by contrast, are much more likely to need additional periods of authorized stay because Ph.D. programs frequently extend beyond four years.

This section explains how the rule affects undergraduate, master's, and doctoral students, as well as students who change academic plans, experience delays, or require additional time to complete their degree.

Undergraduate Students

Master's Students

Doctoral Students

Academic Changes

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Section I – Transfers and Educational Objectives

One of the most significant policy changes in the final rule concerns transfers and changes in educational objectives, particularly for graduate students.

Under the previous regulations, students generally had broad flexibility to transfer between schools or change educational objectives, provided they otherwise maintained F-1 status.

The final rule preserves much of that flexibility for undergraduate students but places substantially greater restrictions on graduate students transferring institutions during an academic program.

Because these provisions are new and may require additional guidance from DHS and SEVP, OISS will continue to monitor agency interpretations and update this guidance as necessary.

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Section J – J-1 Exchange Visitors

The new rule applies not only to F-1 students, but also to J-1 exchange visitors and their J-2 dependents. Like F-1 students, most J-1 exchange visitors entering the United States on or after September 15, 2026, will generally be admitted for a fixed period of admission rather than Duration of Status (D/S).

Although the rule changes how long J-1 exchange visitors are admitted to the United States, it does not change the Exchange Visitor Program itself. Existing eligibility requirements, program objectives, category-specific regulations, and sponsorship responsibilities remain in effect unless specifically modified by the final rule.

This section focuses on how the new admission system affects J-1 scholars, professors, researchers, specialists, short-term scholars, student interns, and other exchange visitors sponsored by Yale.

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Section K – Dependents (F-2 and J-2)

The new rule applies not only to principal F-1 students and J-1 exchange visitors, but also to their F-2 and J-2 dependents.

In most cases, a dependent's authorized period of admission is tied to that of the principal F-1 or J-1 nonimmigrant. As a result, when the principal receives a new period of admission, extends their stay, or changes immigration status, the dependent's immigration status is often affected as well.

This section explains how the new rule affects spouses and children in F-2 and J-2 status and what families should consider when planning travel, extensions, and long-term stays.

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