Final Ruling to "Duration of Status" in the U.S. for F and J Visa Holders

A. “Duration of Status” or “D/S” is the current admission used for F-1 and J-1 students, scholars, and dependents. Instead of being admitted to the U.S. until a specific calendar date. Under the new rule, F and J visa holders will instead be admitted until a specific date listed on their Form I-94.

A.The rule will take effect on September 15, 2026, which is 60 days after publication in the Federal Register. Students and scholars should continue to follow current F-1 and J-1 status requirements while ISSS reviews the rule and provides additional guidance.

A.Yes, the program end date listed on the Form I-20 or DS-2019 will continue to be very important. Under the new rule, the I-94 end date will be tied to the program end date listed on the Form I-20 or DS-2019, not to exceed 4 years. 

A. Under the final rule, the initial Form I-94 admission period will be tied to the program end date on the student's Form I-20 or DS-2019, capped at 4 years even if the program itself is longer. For example, a student in a 6-year PhD program would be admitted for up to 4 years initially, then need to file an EOS with USCIS to cover the remaining time. 

A. An extension of stay is an application submitted to U.S. Citizenship and Immigration Services (USCIS) through Form I-539 requesting additional time in the United States. Under the new rule, ISSS will issue a recommendation for extension, but USCIS will make the final decision on whether to approve it. 

A.The EOS application is filed by the student directly with USCIS; it is not something a program or DSO can file or approve on the student's behalf. Program coordinators can still play a role in confirming a student is making satisfactory academic progress (similar to today's program extension recommendation), but the EOS itself is a federal adjudication, separate from anything ISSS or the program issues.

A.No. Students and scholars should not file Form I-539 unless they have been advised to do so based on their specific situation. ISSS is reviewing the final rule and will provide additional guidance about who may need to file, when filing will be required, and what documentation may be needed. 

A.F-1 students will still be required to make progress toward completing their academic program. Under the new rule, academic progress will become even more important. Academic patterns that may create concerns include repeated course failures, withdrawals, academic probation/suspension, or changes to academic plans that delay completion. 

A. Short answer: No. Nothing in this rule changes who is eligible to be admitted as an F-1 or J-1 student, and nothing caps how long a student may take to complete a doctoral program.

This is a common and understandable concern, since PhD programs routinely run five, six, or more years, well beyond the rule's 4-year maximum initial admission period. Here is why that does not amount to an exclusion from doctoral study:

● The eligibility standard for F-1 and J-1 status is set by statute (the Immigration and Nationality Act), not by this rule. This rule does not touch who qualifies as a bona fide student — it only changes how DHS tracks and re-verifies that status over time.

● The rule was written with multi-year programs in mind. DHS caps the initial admission period at 4 years, but it simultaneously creates an extension of stay (EOS) process specifically so students in longer programs, including PhDs can continue their studies beyond that point.

● There is no limit on the number of EOS requests a student can file. A doctoral student who is making satisfactory progress toward their degree can request an EOS.

● In its response to public comments (many of which raised exactly this concern), DHS maintained that the EOS mechanism is the intended path for students whose programs exceed four years, not an obstacle to finishing them.

In short: doctoral students will need to engage with USCIS more often than they do now — filing an EOS request, and eventually providing biometrics but the rule does not shorten how long a PhD can take, and it does not change admissions eligibility. The added burden is procedural and administrative, not a cap on time-to-degree.

Caveat: USCIS has not yet released the specific EOS form, processing times, or biometrics logistics. ISSS will share details on the actual filing process as soon as they are available

A.No. Under the new rule, graduate students are not eligible to change programs while in the United States. The only type of graduate classification that will be permissible under the new rule is adding a Milestone Master's. Students must remain at the same education level as listed on their Form I-20 during the duration of their time in the United States. 

A.The rule does not change eligibility for on-campus employment tied to a student's F-1 or J-1 status. However, because continued status will now depend on a timely EOS filing, a lapse in filing could jeopardize a student's authorization to work on an assistantship. Programs should encourage students to work with ISSS well before their admission period ends.

A.This is one area where the rule does impose a real, new restriction that graduate programs should be aware of: F-1 students at the graduate level are generally prohibited from changing their educational objective or transferring schools at any point during their program of study, except where SEVP authorizes an exception for extenuating circumstances. This is stricter than current practice and is worth flagging specifically to graduate advisors and directors, since it could affect students who want to switch labs at a different institution, change degree objectives mid-program, or move between closely related graduate programs. ISSS is still reviewing how "extenuating circumstances" will be defined and will share more as guidance develops.

A.F-1 students applying for post-completion OPT may need to consider whether an extension of stay application is needed to cover the requested OPT period. 

A. The rule includes a temporary transition period for some F-1 students applying for OPT or STEM OPT. During the first 6 months after the rule takes effect, some eligible students may not need to file Form I-539 with their Form I-765.

This transition protection may not apply to all students. Students who travel internationally after the effective date and re-enter the United States may lose eligibility for the transition protection and may be subject to the new fixed-date admission rules.

A. Students and scholars should carefully consider international travel after the rule takes effect. Travel and re-entry after the effective date will result in a new I-94 with a fixed end date.

A.Yes, but travel logistics will look different after the effective date. Re-entry to the U.S. on or after September 15, 2026 will result in a new fixed-date I-94 rather than D/S. Students with a pending EOS application should talk to ISSS before international travel, since departure while an EOS is pending can have status implications.

A. Incoming students who enter the U.S. on or after September 15, 2026 will be admitted directly under the new fixed-period framework rather than D/S. Programs should encourage timely arrivals for their students. ISSS will provide guidance on any practical implications for I-20 issuance and reporting dates as it becomes available.

A.Yes, but transition rules may apply. F and J students and scholars in the United States admitted with duration of status prior to Sept. 15, 2026, can remain in the United States until the Program End Date listed on their Form I-20 or the end of their post-completion OPT or STEM OPT extension, not to exceed Nov. 14, 2030 (four years, plus a 60-day departure period).

A. F-2 and J-2 dependents may also need to be included in an Extension of Stay request if they need to remain in the United States beyond their I-94 end date. A dependent’s authorized stay generally cannot extend beyond the authorized stay of the principal F-1 student or J-1 exchange visitor.