FAQ: Rule Ending Duration of Status

Duration of Status and the New Fixed-Date Admission Rules

Summary:

Before the recent rule was published, an F-1 visa holder was allowed to remain in the US for the duration of their status. This meant that, as long as they kept their I-20 in good status, they could stay. The new rule changes this. Every F-1 visa holder will be given an "Admit Until Date" (AUD). When a new student enters the US, their I-94 will reflect an "Admit Until" date. Before your AUD, you should decide what step you would like to take next. Your options are:  1) Leave the US, 2) Start OPT, 3) Apply for a higher degree level, or 4) apply for a change of status.

NOTICE: On August 18, 2026 an injunction was filed that may pause the new rule.

 

FAQs:

 

1. What is the biggest change in the new rules?

The most significant change is the elimination of "Duration of Status" (D/S). Instead of being admitted for an indefinite period while you study, you will now be admitted for a fixed period of time. This date will be the program end date listed on your Form I-20, not to exceed a maximum of four years, plus 30 days to leave the country.
 

2. How will I know when my legal stay in the U.S. ends?

If you enter the US AFTER September 15, 2026, your Form I-94 (Arrival/Departure Record) will now have a specific "Admit Until Date" (AUD). This date includes 30 days for you to leave the country. This date is your hard deadline to either finish your program, apply for a formal extension with USCIS, or depart the United States.

If you entered the US BEFORE September 15, 2026, you will still have 60 days after the Program End Date on your I-20. However, remember that the DSOs will shorten the Program End Date on your I-20 to the last day of your classes.

CLICK HERE for a tool that will help you determine your AUD.
 

3. Can I Transfer My SEVIS Record in the middle of my program?

  • Starting September 15, 2026, Master and Doctoral students will no longer be allowed to transfer in the middle of a program (except for rare and extenuating circumstances).
  • Associate and Bachelor:
    • If you request your transfer before September 15, 2026 it may be approved.
    • If you request your transfer after September 15, 2026, you may not transfer unless you have completed one academic year (except for rare and extenuating circumstances).
      • The only other option is to leave the US and stay out for 5 months. Then you could re-enter on a new initial I-20.
  • IEP Students
    • If you request your transfer before September 15, 2026 it may be approved.
    • If you request your transfer after September 15, 2026, you may not transfer unless you have completed one academic year (except for rare and extenuating circumstances).
    • Be aware that, as it stands, the rule will not allow an IEP student to change to an Academic Program until after they have completed one academic year of IEP (except for rare and extenuating circumstances).

 

4. Can I change my program of study?

  • If you request the update before September 15, 2026, it may be approved. After that date, it depends:
    • If you are an IEP, Associate, or Bachelor level student, you may not change your academic objectives during your first year of study (except for rare and extenuating circumstances).
    • If you are a Master Level student or higher, you may not change your academic objectives (no exceptions).
 

5. If I am outside the US, and I have not yet entered the US, can I change my program of study?

  • Before your visa appointment, this would not be a problem.
  • After your visa appointment, this may cause problems. To do this, the DSOs would have to cancel your I-20, then reissue you a new I-20. However, this would change the SEVIS ID listed on your I-20. Now, the SEVIS ID listed on your I-20 would not match the SEVIS ID listed on your F Visa (found inside your passport). Such discrepancies routinely trigger automated flags in CBP system checks. You will almost definitely be take to "secondary inspections." You will then either be admitted, given temporary admission (Form I-515A), or refused entry.
 

6. What if I graduate and I want to get another degree?
 

If you complete your current degree before September 15, 2026, you will be allowed to pursue a second degree at the same level.

  • If you complete your degree after September 15, 2026 your educational path must always progress upward (e.g., Bachelor’s to Master’s).

  • If you completed your degree before September 15, 2026, you are allowed to pursue one more degree at the same or lower level (second, third, etc.).

 

7. What happens if I need more than four years to finish my degree?

If you need more time, you must file a formal Extension of Stay (EOS) application. This process is no longer handled solely by your DSO; you must now:

  • Request an I-20 with an Extension Recommendation
  • File Form I-539 with USCIS.
  • Pay the required filing fees.
  • Provide substantial proof that there is a compelling reason for the request.
  • Provide biometrics and potentially attend an interview.
  • Submit the application before your "Admit Until Date" (AUD).
  • Consider the wait time for a form I-539 found here.
 

8. Can I still work on campus or do CPT while my extension is pending?

Yes, but there are strict rules. If you filed your EOS application on time (before your I-94 expired), you are authorized to continue on-campus employment or CPT for up to 240 days while waiting for a decision from USCIS. However, if you file during your 30-day grace period, you cannot continue working while the application is pending.
 

9. What if I finish my program before the Program End Date on my I-20?

  • If you finish your studies earlier than the I-20 end date or the your I-94 AUD, you still have a hard deadline to depart the US or take action, regardless of the date stamped on your I-94.
    • If you were inside the US on September 15, 2026, and you never departed, then you have a 60 day grace period.
    • If you entered the US after September 15, 2026, you have 30 days to depart the US.
 

10. Has my grace period changed?

First, stop thinking in terms of "Grace Period." Think
It depends on when you started your Academic Program on the F visa:

  • If you are inside the US on September 15, 2026, and do NOT leave the US after September 15, 2026, you will still have a 60 grace period.
  • Academic or IEP student's whose I-20 Program Start Date is on or after September 15, 2026 will have 30 days after your program ends (or after your 4-year fixed admission period expires) to prepare for departure or take action to maintain status. However, please understand that the 30 days is included in your new "Admit Until Date" (AUD).
  • Students On OPT
    • If you were present in the US and maintaining your F-1 status, and never left the US after September 15, 2026, you will keep your 60 day grace period.
    • If you entered the US after September 15, 2026, you will be assigned an "Admit Until Date" (AUD) that includes your 30 day period to depart the US.
  • HOWEVER, if you leave the US after September 15, 2026 then re-enter, you will be assigned an "Admit Until Date" (AUD) that includes your 30 day period to depart the US. You no longer have a 60 day grace period.

 

11. I am an IEP (Intensive English Program) student. Are there specific limits for me?

Yes, a few.

  1. If your goal is to switch to an Academic I-20, you will be required to study IEP for one academic year before switching.
  2. There is now a lifetime cap of 24 months for English language training. This 24-month total includes all breaks and vacations taken during the language program. However, it does NOT include time spent in English programs that you completed before September 15, 2026.
 

12. How is the 24-month limit for English language training (IEP) calculated?

We are not 100% sure. However, here is what we do know:
  • It is the student's responsibility to refrain from exceeding this 2-year limit.
  • It is aggregate. 
    • Any language training programs that were completed before September 15, 2026 do not count towards the limit.
    • Any language training programs that were completed after September 15, 2026 DO count towards the limit.
  • Does it count previous SEVIS IDs?  We don't know yet. Our team recommends that you assume it will include previous SEVIS IDs.
  • It probably includes all breaks and annual vacations. Summer break probably counts against this clock, as does winter break, spring break, fall break, etc.
 

13. What financial proof do I need for an extension?

When applying for an EOS, you must provide USCIS with evidence of sufficient funds to cover at least one year of study and demonstrate reliable funding sources for any subsequent years.

 

14. What happens if I am already in the U.S. when this rule starts? Will I get an AUD?

There will be a transition period. If you are currently in "D/S," you will be transitioned to a fixed "Admit Until Date" (AUD). That date will be the lesser of a) your last day of classes, or b) November 14, 2030 (4 years from September 15, 2026 plus your 60 day grace period).
However, if you leave the US after September 15, 2026 then reenter, your I-94 will be updated with an "Admit Until Date" (AUD) that overrides the above sentence. 
 

15. How will this affect my OPT?

If you remain inside the US (do not leave) after September 15, 2026, and request OPT before March 18, 2027, you DO NOT have to submit an I-539 to request an Extension of Stay. You only need to submit the I-765 application for Employment Authorization.

If you leave the US after September 15, 2026, or request OPT after March 18, 2027:

First, you must submit an I-539 to request an extension of stay, as well as an I-765 to request your OPT Card. Here's a timeline:

  1. Program End Date:  First, remember that we will shorten your Program End Date during your final semester to the last day of classes. That means that your "Admit Until Date" (AUD) will also change.
  2. EAD (Employment Authorization): You should submit the I-765 application for Employment Authorization 90 days before your updated Program End Date.
  3. Extension of Stay:  You should submit the I-539 application for an Extension of Stay AFTER your I-765 application for OPT.
Second, you will be required to start your OPT within 30 days of your I-20 Program End Date (rather than the previous 60 days).

 

16. Can I pay for Premium Processing when I file my I-539 application to extend my stay?

Currently, USCIS does not offer Premium Processing for the I-539.

 

17. What if my I-539 application for an extension is denied?

If USCIS denies your Extension of Stay (EOS) and your original Admit Until Date has already passed, you (and any dependents) must depart the U.S. immediately. There is no grace period for departure following a denial.