Understanding the DHS Final Rule
On July 17, 2026, DHS/ICE (Department of Homeland Security-U.S. Immigration and Customs Enforcement) published the final rule to end "duration of status" (D/S) for F and J nonimmigrants in the Federal Register.
On September 14, 2026 the U.S. District Court blocked the Department of Homeland Security Final Rule to eliminate Duration of Status D/S.
This means the Final Rule does not take effect on September 15 and the current Duration of Status D/S regulations remain in control and operative.
For more information please visit the September 14, 2026 - DHS Final Rule Blocked by District Court
The Federal Register Final Rule is titled “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”
Initial Summary
- Effective as of September 15, 2026: This new rule goes into effect 60 days after the publication on July 17, 2026.
- Fixed-date admissions to the United States: This final rule eliminates "duration of status" (D/S) for F and J nonimmigrants and creates a fixed end date of admission (known as “admit until date”). This date would be 4 years, the current I-20/DS-2019 program end date if not on Post-Completion OPT/STEM OPT, or the Post-Completion OPT/STEM OPT end date if on Post-Completion OPT/STEM OPT, whichever is sooner.
- Formal I-539 extension of stay process: If you need additional time beyond the admit until date, you would need to request an extension of stay with USCIS or travel and re-enter the U.S
- Cap on ESL duration of admission with USCIS: If you are in the ESL+ program, you would be limited to 24 months of study. If admitted into a degree program, you would need to re-establish a new admit until date.
- Restrictions on SEVIS transfers and changes of educational objectives:
- Undergraduate students may only change their majors or transfer schools after their first year of study.
- Graduate students would not be able to transfer SEVIS records or change majors.
- Exceptions considered by SEVP on a case by case basis.
- Prohibition on lateral or reverse matriculation: If admitted into a new program, you would not be able to go from Master’s to Associate’s, Master’s to Master’s, etc.
- Advancing to a higher education level: If admitted into a new program, it must be into a higher educational level (e.g Bachelor’s to Master’s, Master’s to Doctoral, etc.) and you would need to re-establish a new ‘admit until date’ to remain in the U.S. either by an I-539 extension of stay process with USCIS or travel and re-entry to the U.S.
F and J Student Guide of Final Rule
Please review the ISSS Student Guide for an in-depth explanation of the Final Rule and Q&A.
Additional Resources can be found on the following webpages
- Federal Register 07/17/2026 Final Rule
- DHS News 07/16/2026 D/S Announcement
- SEVP: Elimination of Duration of Status Quick Facts
- SEVP: Elimination of Duration of Status Frequently Asked Questions
- International Student Resource Center Q&As
ISSS will continue to update this page as DHS releases additional guidance.
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