Understand the key changes to F-1 student status under the new Duration of Status (D/S) rule with answers to frequently asked questions.
General Overview
Q: What is changing?
A: F students have historically been admitted to the United States for “duration of status” (D/S) — an indefinite period tied to their course of study. Under the new final rule, F students will instead be admitted for a fixed period of time, based on the length of their program of study as listed on Form I-20, not to exceed four years, plus a 30-day arrival buffer and a 30-day departure buffer.
Q: When does the rule take effect?
A: The rule takes effect on September 15, 2026. Until then, F students continue to be admitted for duration of status. The rule is classified as a “major rule” subject to congressional review; if the effective date changes as a result, DHS will publish a notice in the Federal Register. It is possible that litigation may also result in delays to the effective date of the rule.
Fixed Period of Admission
Q: How long will F students be admitted for going forward?
A: F students will typically be admitted for a fixed period up to the length of their program of study on Form I-20, not to exceed four years, plus a 30-day arrival period and a 30-day departure period. The reason the word “typically” is used here is because U.S. Customs and Border Protection has the authority to issue a different “admit until” date.
Q: Are there exceptions to the general fixed-period rule?
A: Yes:
English language training (ELT) students: limited to a 24-month period of admission (applied as an aggregate/lifetime limit), plus a 30-day departure period.
Public high school students (including charter or other taxpayer-funded schools): limited to an aggregate of no more than 12 months, including school breaks and annual vacation.
Other possible scenarios include,
If entering the United States to study at a public high school, you will be given 1-year worth of admission. If you are admitted into a university and can obtain an I-20 before the 1-year “admit until” date has expired, you can remain in the United States and begin studying at your university by filing an I-539 extension of stay form with USCIS before your status expires.
Alternatively, if you were given a visa stamp that is longer than 1-year, you can simply “recharge” your status by leaving the United States and re-entering with your new university I-20.
Finally, if you were not given a visa stamp that is longer than 1-year, you can also leave the United States and obtain a new visa stamp for your university and re-enter with your new university I-20 and new visa stamp
Border commuter students: continue to be admitted with a fixed date of admission.
Q: What is the “Admit Until Date” (AUD)?
A: The AUD is the maximum period of admission — the last day a student is authorized to remain in the United States. Students cannot lawfully remain past their AUD and must depart or take action to maintain status before it expires.
The AUD is noted on Form I-94.
Q: How is the AUD calculated?
Programs under four years: AUD = Program End Date + 30 days for departure.
Programs longer than four years: AUD = four years from the Program Start Date + 30 days for departure.
Students on OPT: AUD = employment end date on the Employment Authorization Document (EAD) + 30 days for departure.
Q: How long do students have to depart after completing their program or OPT/STEM OPT?
A: 30 days — a decrease from the previous 60-day departure window.
Extension of Stay (EOS)
Q: What if a student needs more time to finish their studies or begin OPT/STEM OPT?
A: The student must request an EOS recommendation from their Designated School Official (DSO) while they are still in status and then file an Extension of Stay (EOS) application with USCIS using Form I-539, “Application to Extend/Change Nonimmigrant Status,” along with the required fee and biometrics.
Alternatively, if a student was given a visa stamp that has still not expired, the student can simply “recharge” their status by leaving the United States and re-entering with their applicable university I-20.
Finally, if a student’s visa stamp has expired, the student can also leave the United States and obtain a new visa stamp and re-enter with their applicable university I-20 and new visa stamp.
Q: What does the DSO do before a student files for an EOS?
A: Before a student applies for an EOS, the DSO will:
Recommend the EOS in SEVIS (the Student and Exchange Visitor Information System).
Enter an updated Program End Date in SEVIS, if needed.
Provide the student with an updated Form I-20 reflecting the EOS recommendation.
Q: Does filing an EOS application protect a student’s status while it’s pending?
A: Yes. Students who timely file an EOS application may continue their full course of study while the application is pending, and no unlawful presence accrues during that time.
Q: Does a pending EOS extend a student’s work authorization?
A: F-1 students with a timely filed EOS application receive an automatic extension of on-campus and certain off-campus employment authorization for up to 240 days while the application is pending.
Q: What reasons are NOT acceptable grounds for an EOS/extension?
A: Delays caused by academic probation, suspension, or a repeated inability or unwillingness to complete studies are not acceptable reasons for a program extension.
Q: Will USCIS collect biometrics for EOS applications?
A: DHS may collect biometric information in connection with EOS applications.
What Are the Fees for Filing an EOS?
Q: What is the current USCIS filing fee for Form I-539?
A: Based on the official USCIS fee schedule (Form G-1055):
Online filing: $420
Paper filing: $470
Q: Are there additional fees on top of the base filing fee?
Biometrics: USCIS eliminated the separate biometrics services fee for most I-539 categories as of October 1, 2024, so most applicants no longer pay it separately, though biometrics may still be collected as part of EOS processing.
Family members: If a spouse or child is included on the same application via Form I-539A, only one base filing fee covers the whole family group.
Premium processing (optional): $2,075 as of March 1, 2026 (up from $1,965), available for certain F-1/F-2/J-1/J-2 categories.
Fee waivers: Some applicants may qualify by filing Form I-912, though premium processing fees are not waivable.
Q: Does this rule mean that students have to pay more fees than they previously had to pay?
A: A student will only need to pay additional fees to the U.S. government if they seek to extend their stay for more than four years or for longer than the period contemplated by the I-20 that they are using to enter the United States. Those students will be subject to background checks based on their fingerprints and will be subject to extension of stay fees that will be whatever the current amount is listed on the official USCIS Fee Schedule at the time of the filing of their extension application.
Travel While in F Status
Q: Can current F students (admitted under D/S) still travel abroad?
A: Yes, students can continue to travel. However, as of Sept. 15, 2026, upon returning to the U.S. these students will be admitted with a new fixed period of admission — generally the Program End Date on their Form I-20, up to a maximum of four years (plus a 30-day departure period) — rather than continuing under D/S.
Q: Does traveling affect a student’s D/S status during the transition period?
A: Yes. If an F (or J) nonimmigrant currently in D/S travels abroad during the transition period, they will be issued a new Form I-94 with a fixed date upon return and will be subject to the new fixed-admission framework going forward. Students who already have a fixed date will not receive a new end date if they travel.
When Will Students Begin Receiving a New Fixed End Date?
Q: When does the fixed end date framework actually start applying?
A: Assuming no litigation delays the implementation date of the new rule, the rule is scheduled to take effect on September 15, 2026, but when an individual student starts seeing a fixed date depends on their situation — see below.
Q: What about students entering after September 15, 2026?
A: New students admitted on or after the effective date will receive a fixed Admit Until Date (AUD) right away, tied to their Form I-20 Program End Date, capped at four years, plus the 30-day arrival/departure buffers.
Q: What about students already in the U.S. on September 15, 2026 (currently on D/S)?
A: They do not get an immediate fixed date. They keep D/S status, and their existing Form I-94 does not need to be corrected, as long as they are maintaining their program. They can remain without a new fixed date until they travel, or until whichever of the following comes first:
Their Program End Date on the I-20 (or end of valid post-completion OPT/STEM OPT); or
November 14, 2030 (four years from the effective date, plus a 60-day departure period).
Q: What triggers an immediate switch to a fixed date for a current D/S student?
A: Travel. If a student in D/S travels internationally after the effective date, U.S. Customs and Border Protection will issue a new Form I-94 with a fixed AUD upon reentry; generally, the I-20 Program End Date, up to the four-year max, plus 30 days.
Q: Will a student who enters before September 15, 2026, on a new Form I-20 receive a fixed end date at entry?
A: No. A student entering the U.S. before the effective date — even on a brand-new Form I-20 — should be admitted for duration of status (D/S), not a fixed end date. The fixed-admission framework does not exist yet for anyone entering before Sept. 15, 2026, regardless of when the I-20 was issued.
Q: Is a student who enters on a new I-20 before September 15, 2026, considered part of the transition period?
A: Yes. Once the rule takes effect, that student — now present in the U.S. and still admitted under D/S — falls into the transition-period group described above: they keep D/S temporarily with no immediate I-94 correction required, may remain until the earlier of their Program End Date or Nov. 14, 2030, but will convert to a fixed date if they travel abroad after Sept. 15, 2026 or need to file an EOS beyond that point. What matters for transition-period treatment is whether the student is still in the U.S. under D/S on Sept. 15, 2026.
Transition Period for Current Students
Q: What happens to F students already in the U.S. under duration of status when the rule takes effect?
A: Current F students admitted for D/S who are present in the U.S. on the effective date may remain in the United States without applying for an EOS, up to the earlier of:
The Program End Date on their Form I-20 (or the end of their valid post-completion OPT/STEM OPT); or
November 14, 2030 (four years after the effective date, plus a 60-day departure period) — whichever comes first.
Q: Do these students need to get their Form I-94 corrected to a fixed date immediately?
A: No. There is no immediate requirement to correct the I-94 to a date certain, provided the student continues the studies or program listed on their I-20 (or DS-2019 for J students).
Q: What if a student needs to stay beyond their Program End Date (or beyond the 2030 transition cap)?
A: The student has three possible options:
The student may either request an EOS recommendation from their Designated School Official (DSO) while they are still in status and then file an Extension of Stay (EOS) application with USCIS using Form I-539, “Application to Extend/Change Nonimmigrant Status,” along with the required fee and biometrics.
Alternatively, if a student was given a visa stamp that has still not expired, the student can simply “recharge” their status by leaving the United States and re-entering with their applicable university I-20.
Finally, if a student’s visa stamp has expired, the student can also leave the United States and obtain a new visa stamp and re-enter with their applicable university I-20 and new visa stamp.
Q: Is there a special provision for students filing for post-completion OPT or STEM OPT during the transition?
A: Yes. F students admitted for D/S who are present in the U.S. on the effective date and who timely file Form I-765 for post-completion OPT or STEM OPT on or before 244 days after publication (approximately March 18, 2027) do not need to file a separate EOS application for that period.
Q: What if a student travels before filing for OPT/STEM OPT and is readmitted with a fixed period?
A: That student must file both the I-765 (OPT/STEM OPT application) and an EOS application.
Q: Do the new educational-level change restrictions apply retroactively?
A: No. The prohibition on changing to a same- or lower-level program, and the 24-month ELT cap, apply only to programs completed after the rule’s effective date. Programs completed before the effective date are not counted against these limits. This is a very important provision. This means that any student arriving to the United States for a university program prior to September 15, 2026, may still transfer to an English language bridge program if they are not succeeding in normal university.
Q: What about students who already have an approved H-1B “cap-gap” extension?
A: Cap-gap provisions are unchanged. F-1 students who are beneficiaries of a timely filed cap-subject H-1B petition and are eligible for cap-gap do not need to apply for an EOS. They may remain in F-1 status until the H-1B petition is approved or April 1 of the relevant fiscal year, whichever comes first. The rule simply removes the D/S reference from this provision.
Maintaining Status: Changing Programs, Majors, and Schools
Q: Can a student change their educational level (e.g., bachelor’s to master’s) during their program?
Below graduate level: Cannot change educational levels during the first year of study, unless SEVP authorizes an exception for extenuating circumstances. Cannot change to a lower educational level (e.g. bachelor to associate) after the higher-level program is complete.
Graduate level or above: Cannot change educational levels at any point during the program.
After completing a program, a student may not move to a program at a lower educational level (e.g., master’s → bachelor’s) or move to another program at the same educational level (e.g., bachelor’s → bachelor’s).
Q. Under the new rule -- if I arrive in the United States for an undergraduate degree program, but I find I cannot succeed because of my language skills, can I transfer to an English language bridge program from inside of the United States?
A. The short answer is that this would be very difficult under the new rule, and in fact, this exact scenario—transferring from a university program down to an English language training (ELT) program upon arrival—is one of the primary abuses the rule was designed to prevent.
Under new 8 CFR 214.2(f)(5)(ii)(A), an F-1 student at any level below the graduate degree level may not transfer or change educational objectives (i.e., majors or educational levels) within the first academic year of a program of study at the school that initially issued the Form I-20, unless SEVP authorizes an exception for extenuating circumstances. If you just arrived for an undergraduate program and discover language difficulties during your first year, you would be barred from transferring during that period absent an exception (but it is theoretically possible that SEVP might grant an exception in a rare case)
DHS states that it prefers that colleges and universities provide English language programs to help their foreign students to improve their English skills for college level studies.
But — a student who genuinely cannot succeed in their degree program due to language skills (and who has an unexpired student visa) could depart the United States, enroll in an ELT program, obtain a new Form I-20, and seek a new admission. This is not an in-country transfer but rather a restart of the process from abroad.
Q: Can a student change their major?
Below graduate level: Cannot change majors during the first year of study, absent an SEVP-authorized exception for extenuating circumstances.
Graduate level or above: Cannot change majors at any point during the program.
Q: Can a student transfer schools?
Below graduate level: Cannot transfer during the first year and must complete that year at the school that issued the initial Form I-20, unless SEVP authorizes an exception.
Graduate level or above: Cannot transfer at any point during the program, unless SEVP authorizes an exception.
Q: Does DHS have flexibility to delay these educational objective/transfer restrictions?
A: Yes. DHS may delay implementation of the educational objective and transfer restrictions for up to two years from the effective date, if needed.
Q: What happens if a student ends their studies or training early?
A: If an F-1 student’s studies or training ends earlier than the date on their I-20, the student (and any dependents) must depart the U.S. or take action to maintain lawful status within 30 days of the new, earlier end date.
Pathway and Bridge Programs
Q: How does the rule treat pathway/bridge programs that combine English language training with degree study?
A: This is not 100% clear. If a student has been admitted to a degree program that integrates a pathway program at the same institution, we believe that DHS has indicated it will grant a single period of admission covering both the pathway and degree components, up to the overall four-year maximum. For example, a student admitted to a bachelor’s program that includes a six-month pathway component would receive one admission period covering both, capped at four years total. We will be requesting clarification of this rule.
Q: What if the combined pathway and degree program needs more than four years to complete?
A. The student has three possible options:
The student may either request an EOS recommendation from their Designated School Official (DSO) while they are still in status and then file an Extension of Stay (EOS) application with USCIS using Form I-539, “Application to Extend/Change Nonimmigrant Status,” along with the required fee and biometrics.
Alternatively, if a student was given a visa stamp that has still not expired, the student can simply “recharge” their status by leaving the United States and re-entering with their applicable university I-20.
Finally, if a student’s visa stamp has expired, the student can also leave the United States and obtain a new visa stamp and re-enter with their applicable university I-20 and new visa stamp.
Q: Will students be able to have their pathway placement adjusted on arrival?
A: No. Today, students that are admitted to two or three-term pathways can and are tested on arrival for program adjustments based on changes to English language abilities. The new rule prevents testing on arrival, and programs may need to adjust their placement methods to ensure students are placed properly with the correct program length I-20 prior to entering the United States.
Q: Can pathway students request an EOS for personal emergencies?
A: Yes. Students in pathway programs who encounter extenuating circumstances before completing the program — such as illness, disability, or another emergency — may cite those reasons when applying for an EOS.
Q: Does this pathway accommodation apply to conditionally admitted students?
A: No. Under existing regulations (8 CFR 214.3(k)), DSOs are prohibited from issuing Forms I-20 based on conditional admission. The pathway/bridge accommodation applies only to students who have already been fully admitted to both the pathway and degree programs at the same institution — not to students conditionally admitted pending completion of a bridge program.
Universities may want to consider the option of changing the nature of their pathway programs by providing full admission to pathway students up-front with metrics that could lead to academic dismissal if the upfront language requirements are not met within the time that is normally contemplated.
Q: Is there a general carve-out from the four-year cap for pathway/bridge programs?
A: No. The rule does not create a separate exemption from the four-year cap or the fixed-admission framework for bridge/pathway programs. It simply allows a single Form I-20 and admission period to cover both the bridge and degree components, subject to the same four-year maximum. If combined programs exceed four years, an EOS is required.
Q: Will DHS provide further guidance on educational pathways?
A: DHS has indicated it will issue updated guidance clarifying how these restrictions apply, particularly for graduate programs and specialized educational pathways such as recognized bona fide academic tracks, graduate specializations, and market-driven licensure requirements.
Where to Get More Information
Study in the States and ICE.gov/SEVP will be updated to reflect the final rule on and after Sept. 15, 2026. Until then, refer to the current guidance page and the Elimination of Duration of Status FAQ page.
The full Federal Register notice contains the complete text of the final rule.
Additional EOS process details are available through USCIS extension of stay resources.
This document summarizes publicly available guidance on the DHS final rule and is intended for general informational purposes. It is not a substitute for legal advice; students and school officials with specific questions about their individual circumstances should consult their DSO or an immigration attorney.