Duration of Status Ends September 15: What Changes for F-1 and J-1

Status as of September 15, 2026. The DHS final rule ending duration of status took effect today. No court order blocking or delaying it was issued: the hearing on the motion for a preliminary injunction was held on September 3 in the U.S. District Court for the District of Massachusetts (Presidents' Alliance on Higher Education and Immigration et al. v. DHS, 1:26-cv-13799, District Judge F. Dennis Saylor IV), the official transcript was entered on the docket on September 8, and as of today no ruling has issued. The litigation continues, and a later order could still affect how the rule is applied. The rule is classified as a major rule subject to congressional review. Current posture is verified against the published rule.

As of September 15, 2026, F-1 students, J-1 exchange visitors and I representatives of foreign information media are no longer admitted to the United States for the duration of their program. The D/S notation on Form I-94 is replaced by a specific date — the admit until date (AUD). Remaining beyond it requires an extension of stay from USCIS, with a fee and biometrics, or departure and a new admission. Below: how the period is calculated, what happens to those already in the country, how the extension process works, and what changes for OPT, transfers, and changes of major.

In brief

• The period of admission equals the program length on Form I-20 or DS-2019, not to exceed four years, plus a 30-day departure period. The four years run from the program start date, not from the date of entry.

• Those already in the United States under D/S keep the existing framework through the end of their program, but no later than November 14, 2030 for F-1 and October 15, 2030 for J-1.

• After departing and being admitted again on or after September 15, the transition provisions no longer apply: CBP issues a fixed date with a 30-day departure period.

What changed on September 15, 2026

Duration of status governed F and J admissions for decades: Form I-94 carried the notation "D/S," and the person remained in the country as long as the program's conditions were met. The rule replaces that framework with a fixed period.

The new period of admission equals the length of the program listed on Form I-20 (for F) or Form DS-2019 (for J), not to exceed four years, plus a 30-day departure period. The four-year count runs from the program start date on the form, not from actual entry; the 30-day pre-arrival admission window and the departure period do not count toward the four years.

The post-completion departure period for F-1 students is separately reduced from 60 days to 30. For J-1 it was already 30 days and is unchanged. English language training programs receive a 24-month period of admission plus 30 days. Representatives of foreign information media in I status are admitted for up to 240 days; for those presenting a PRC passport, up to 90 days, excluding holders of Hong Kong SAR and Macau SAR passports.

The admit until date: where it comes from

The AUD is the last day of the period of admission shown on Form I-94. Where further stay is needed, an extension of stay application is filed with USCIS before that date: a timely filed application confers authorized stay while it is pending, even though the original period of admission has ended.

What happens to those already in the United States under D/S

The rule provides transition provisions for those present in the country with a D/S notation on Form I-94 before September 15, 2026. Those students and exchange visitors may remain without filing an extension through the program end date on Form I-20 or DS-2019 — and, for F-1, through the post-completion OPT or STEM OPT end date. No new fixed-date Form I-94 is issued to them automatically.

The transition has an outer limit: four years from the effective date plus the applicable departure period. For F-1 that is November 14, 2030 (the 60-day departure period is retained by those admitted under D/S). For J-1 it is October 15, 2030 (30 days). The earlier of the two dates controls — program end or this limit. Remaining beyond it requires an extension of stay from USCIS.

What happens to the transition provisions after departure from the United States

The transition provisions depend on remaining in the country. On seeking admission on or after September 15, 2026, CBP issues a new Form I-94 with a fixed date calculated from the current Form I-20 or DS-2019, together with a 30-day departure period. Neither the prior D/S notation nor the associated 60-day period for F-1 is restored on the new admission. An approved extension of stay has the same effect.

The same mechanism cuts the other way: departure and a new admission is a route to a fresh period of admission without filing with USCIS, provided the visa is valid and the Form I-20 or DS-2019 is current. For nationals of countries subject to U.S. entry restrictions, this route carries the risk of not being readmitted.

How to extend status: Form I-539

An extension of stay (EOS) is requested from USCIS on Form I-539, with a fee, biometrics, and a possible interview. The rule requires filing before the date on Form I-94 expires. Program extensions were previously handled by the school or sponsor through SEVIS; USCIS now decides, and the institution's role is limited to extending the SEVIS record and issuing an updated Form I-20 or DS-2019.

On September 15, 2026, revised editions of Form I-539 and Form I-765 (both with edition date 09/15/26) are published, aligned with the rule.

Under current USCIS guidance, the grounds for an extension are a compelling academic reason, a documented illness or medical condition, or circumstances beyond the applicant's control. A change of research topic and unexpected research problems qualify; delays caused by academic probation or suspension do not. USCIS, not the university, decides.

Working while an extension is pending

A timely filed extension — filed before the Form I-94 date expires, that is, before the departure period begins — allows authorized on-campus employment to continue for up to 240 days while the application is pending. The same 240-day maximum applies to CPT, but no later than the CPT end date on Form I-20, whichever comes first. For qualifying off-campus employment based on severe economic hardship, the rule likewise provides for temporary continuation of the authorization subject to its conditions.

An application filed during the departure period does not carry that benefit: employment stops until approval. A comparable framework applies to J-1 Academic Training — up to 240 days where the application is filed before the program end date on Form DS-2019.

If USCIS denies the extension, employment stops and departure follows the original admit until date, or immediately if that date has passed.

OPT and STEM OPT: the window through March 18, 2027

Practical training has its own transition period. Those in the United States with a D/S notation who apply for post-completion OPT or STEM OPT no later than March 18, 2027 — six months from the effective date — file only the training application, without Form I-539.

After that date, an OPT or STEM OPT application is accompanied by Form I-539. The same applies to anyone who departed and was admitted again after September 15, 2026: the six-month window does not reach them, because their D/S notation has already been replaced by a fixed date.

DHS has reserved the authority to extend this transition period in six-month increments through publication in the Federal Register.

Changes of educational objective, level, and transfers between schools

The rule imposes limits on academic mobility that are separate from the question of admission periods. The operative term is educational objective — the major or the educational level.

• Students in programs below the graduate level may not change educational objective or transfer to another institution during the first academic year, absent an SEVP-authorized exception for extenuating circumstances.

• Students at the graduate level or above may not change educational objective at any point during the program.

• Students at the graduate level or above may not transfer to another school during the program — again, only through an SEVP exception. SEVP guidance on what qualifies as extenuating circumstances has not been issued as of publication.

• After completing a program, moving to a program at the same or a lower educational level is barred — for example, from a master's degree to a second bachelor's program or another master's. Per DHS's explanation in the rule, this restriction reaches only programs completed after September 15, 2026. Enrolling at a higher level remains possible but requires a new Form I-20 or DS-2019 and an extension of status.

A separate caveat in the rule: DHS acknowledges that implementing some of these provisions requires updates to SEVIS and other government systems, and reserves discretion to postpone the restrictions on transfers, changes of educational objective, and enrollment at the same or a lower level until September 14, 2028. DHS would give separate notice if it exercises that authority.

What changes for F-2 and J-2 dependents

Dependents receive their own fixed period of admission, which may not exceed that of the principal. Remaining beyond that date also requires a separately filed extension of stay.

The litigation in Massachusetts

The complaint was filed on August 18, 2026 by a coalition that includes NAFSA, the Presidents' Alliance on Higher Education and Immigration, the Association of Independent Colleges and Universities in Massachusetts, the American Federation of Teachers, the UAW, and The NewsGuild-CWA. The claims arise under the Administrative Procedure Act: plaintiffs argue that DHS failed to adequately assess the rule's costs and benefits, failed to meaningfully respond to comments, did not consider less burdensome alternatives, provided an inadequate comment period, and exceeded its statutory authority. Filed with the complaint were a motion for a preliminary injunction, a request to stay the rule under § 705, and, in the alternative, a motion for summary judgment.

The case is before District Judge F. Dennis Saylor IV. The government's response was filed September 2 and the hearing was held September 3. No ruling issued before the effective date, and the rule took effect on schedule. The case remains pending, and an order at a later stage could still affect how the rule is applied.

Docket updates

• September 8, 2026: the official transcript of the September 3 hearing was entered on the docket. It is a filing, not a decision — no order on the preliminary injunction accompanied it.

• September 15, 2026: the rule took effect with no ruling on the preliminary injunction motion. The case remains pending.

Frequently asked questions

Does the rule mean students can only stay in the United States for four years?

No. Four years is the maximum length of a single period of admission, not a cap on study. The period is extended through USCIS while status is maintained, or renewed on a new admission to the country with a valid visa and a current Form I-20 or DS-2019.

What happens to those already in the United States under D/S?

The rule taking effect does not by itself cancel the D/S notation for those already in the country, and no new Form I-94 is issued to them automatically. The transition provisions allow them to remain through the end of the program, but no later than November 14, 2030 for F-1 and October 15, 2030 for J-1. The notation changes to a fixed date on the first admission to the country after September 15, or on approval of an extension of status.

How many days remain after the program ends?

For those admitted under the new rules, 30 days. The prior 60-day period for F-1 is reduced. Those admitted under D/S before September 15, 2026 who have not departed retain the 60-day period under the transition provisions.

Who approves an extension now — the university or USCIS?

USCIS. The institution extends the SEVIS record and issues an updated Form I-20 or DS-2019, but the decision on the extension is made by USCIS on Form I-539 with a fee and biometrics. Approval is not guaranteed.

Is Form I-539 required to apply for OPT?

It depends on the date. Those in the United States with a D/S notation who apply for post-completion OPT or STEM OPT no later than March 18, 2027 do not file Form I-539. After that date, it accompanies the training application. Anyone who departed and returned after September 15, 2026 files Form I-539 regardless of that deadline. DHS may extend the transition window in six-month increments through the Federal Register.

Has a court stayed the rule?

No. The rule took effect on September 15, 2026. The hearing on the preliminary injunction motion was held on September 3 in the U.S. District Court for the District of Massachusetts, and the official transcript was entered on the docket on September 8, but no ruling had issued as of the effective date. The case is still pending, and a later order could affect how the rule is applied.

Official sources

The rule remains under challenge in court, and its application depends on the type of program, the date of admission, and the history of stay.