DHS Policy Update: End of Duration of Status (D/S)for F and J Nonimmigrants

On July 17, 2026, the Department of Homeland Security (DHS) published a final rule in the Federal Register 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.”

This rule takes effect on September 15, 2026, and eliminates the long-standing "Duration of Status" (D/S) policy for F-1/F-2 students and J-1/J-2 students and scholars. Instead, nonimmigrants will be admitted for a fixed period of time linked to their Form I-20 or DS-2019 end date (not to exceed 4 years).

Important Note: This is a complex rule that will require substantial review. Binghamton remains committed to reviewing its implications and will provide ongoing written updates, webinars, and implementation guidance in the coming weeks. Legal challenges may also potentially impact or delay the effective date.

Key Provisions of Final Rule:

  • Fixed-date admissions to the United States.
    • Instead of being admitted for "duration of status" (D/S), individuals applying for admission in or change of status to either F or J status (F-1 students, F-2 dependents, J-1 exchange visitors, and J-2 dependents) on and after September 15, 2026 will be admitted for a fixed date, recorded on the F or J nonimmigrant's Form I-94. 
    • This "Admit Until Date" (AUD) will be limited to the program end date noted on their Form I-20 or DS-2019, not to exceed 4 years (i.e., whichever is shorter), plus a period of 30 days following their program end date.
    • The F-1 grace period will be reduced from the current 60 days to 30 days for F students and dependents who enter or reenter the United States on and after September 15, 2026.
  • Formal extension of stay process
    • Individuals who need time beyond their Admit Until Date (AUD) for whatever reason (e.g., an extension of program, school transfers, moving academic levels, use of post-completion optional practical training or academic training) will have to timely file a complete Form I-539 extension of stay application with USCIS before their AUD expires, on Form I-539 (with fee, biometrics, and possible interview).
    • The final rule also outlines standards for F-1 extension eligibility.
    • The rule gives someone the option to exit the United States and reenter (if they have a valid visa from a U.S. consulate), where U.S. Customs and Border Protection (CBP) would adjudicate the request for more time (in lieu of filing an extension application with USCIS), in the port of entry vetting process. (This option poses potential benefits and potential risks)
  • Transition provisions
    • There are transition provisions for F and J nonimmigrants who were admitted for D/S on their Form I-94 and are inside the United States on September 15, 2026, the final rule effective date. 
    • These individuals will not have to immediately apply for a date-certain I-94, but they must still apply for an extension of stay in order to remain in status beyond the program end date on their current Form I-20 or DS-2019 or OPT EAD card, or four years from the final rule effective date (i.e. November 14, 2030), whichever is shorter, and will also be subject to the new academic restrictions in varied ways.
    • F-1 students in this transition group will retain their legacy 60-day grace period even after September 15, 2026, but if they exit and reenter the United States or apply for an extension of stay on or after the effective date, they will be assigned a 30-day grace period under the new rule.
    • If someone in this transition group exits the United States and reenters on or after September 15, 2026, CBP will readmit them with a Form I-94 with a date-specific AUD that includes a 30-day grace period.
    • There are some other transition provisions relating to employment that are still being ironed out.
  • Restrictions on transfers and changes of educational objectives
    • Undergraduate students may change their educational objectives (e.g., change majors, etc.) or transfer schools only after their first year of study, unless SEVP approves an exception on a case-by-case basis for "extenuating circumstances."
    • Graduate students are not eligible to change their educational objectives (i.e. "majors or educational levels") at any point during their program of study.
    • Graduate students may be eligible to transfer schools during their program of study, but only if SEVP approves an exception on a case-by-case basis for "extenuating circumstances.”
  • Prohibition on lateral or reverse matriculation
    After completing a program at a particular educational level, F-1 students are barred from pursuing a subsequent program at the same or lower educational level.

Frequently Asked Questions

These Frequently Asked Questions are intended to serve as a resource to the Binghamton University community to address common questions related to the Department of Homeland Security Final Rule, 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, published on July 17, 2026. The full text of the final rule is available in the Federal Register and is scheduled for implementation on September 15, 2026.

General Information

  •  What is changing in this regulation?

    The Department of Homeland Security is removing the Duration of Status (D/S) period of admission for F and J students, scholars, and dependents. This means that individuals in F or J status will have a specific end date, called a fixed period of admission. Under the new regulation, that end date will be limited to the length of your academic program or four years, whichever is shorter. Once the rule goes into effect, students and scholars who need additional time beyond this fixed period of admission will need to apply for an extension of stay with USCIS. 

  • When will the new regulation go into effect?

    The new regulation was published on July 17, 2026 and includes a 60-day implementation period before it goes into effect. The new regulation will be effective beginning on September 15, 2026.

  • I’m a current student and I don’t plan to travel outside the U.S. How will this affect me?  

    If you are currently in the U.S. in F-1 or J-1 status with an I-94 record that shows D/S for “duration of status” on September 15, 2026, you will continue that duration of status through the end date on your I-20 or DS-2019 or until September 15, 2030, whichever date is earlier. F-1 students who maintain their status with duration of status and do not travel outside the U.S. will continue to be eligible for a 60-day grace period following the end date on their I-20.

    If you will need additional time beyond your current I-20 or DS-2019 end date to complete your program, or if you plan to apply for post-completion Optional Practical Training or Academic Training, you would need to file an application with USCIS before the end date on your I-20 or DS-2019. ISSS is currently developing updated forms and additional resources related to this new process, and additional details will be available closer to the effective date of the new regulation. 

    Note: if you are a current student and you know right now that you will need additional time to complete your program, you should review the ISSS Program Extensions page and submit a complete extension request to ISSS by August 15, 2026 so that ISSS can review your extension request under the current regulations.

  • I’m a current student. How will this affect my grace period?

    F-1 students who are in the U.S. when the new rule takes effect will continue to have a 60-day grace period if they do not travel outside the U.S. F-1 students who travel outside the U.S. and re-enter after September 15, 2026 will receive an I-94 showing fixed admission and will only have a 30-day grace period. J-1 students and scholars will continue to have a 30-day grace period.

  • I’m a current F-1 student. Can I change my major or academic program at Binghamton University?

    As of September 15, 2026, this regulation will place some limitations on changing programs or majors.

    • Undergraduate students can change their major after completing one full academic year of study. 
    • Graduate students may not change majors or academic programs under the new regulation.

     

  • I’m a current F-1 student. Can I transfer my SEVIS record to another U.S. school?

    As of September 15, 2026, this regulation will place some limitations on transferring to another U.S. institution. 

    • Undergraduate students can request a transfer of their SEVIS record to another U.S. institution after completing one full academic year of study. 
    • Graduate students may not transfer their SEVIS record to another U.S. institution during their program of study. Once you complete your program, you may be eligible to transfer to another U.S. institution if you will be matriculating to a higher level of study. 

     

Current Students - Extension and OPT Questions

  • My current I-20/DS-2019 is ending soon, and I will need additional time to complete my academic program. How do I apply for an extension?

    The new regulation will be effective as of September 15, 2026. Prior to that date, the current extension process still applies. There are strict eligibility requirements for an extension of your I-20 or DS-2019, including that you must have compelling academic or medical reasons, such as a change of major or research topic, unexpected research problems, or documented illness. You can find more details on the F-1 and J-1 Program Extensions page. Students who will need additional time to complete degree requirements should submit a complete Extension of Stay Request to ISSS as early as possible and by August 15, 2026 to allow time for ISSS processing. 

  • What will the new I-20/DS-2019 extension process be after the new regulation is in effect?

    As of September 15, 2026, any F-1 or J-1 program extensions will require a two-part application process. If you need to extend your I-20 or DS-2019 beyond your new I-94 end date, you would first need to complete an extension request process with ISSS and be issued a new I-20 or DS-2019 showing a recommendation for a program extension. Once you have received that new I-20 or DS-2019, you would need to file Form I-539 with USCIS to request an extension of stay. You would need to ensure that USCIS receives this complete application before your current I-20 or DS-2019 end date AND before your current I-94 end date. USCIS has outlined some specific standards for eligibility for a program extension, and they may apply adjudicator discretion when reviewing extension applications. ISSS is currently developing updated forms and additional resources related to this new process, and additional details will be available closer to the effective date of the new regulation.

  • I am planning to graduate soon. How will this affect my OPT application process?

    The new regulation allows for a 6-month transition window following the effective date of September 15, 2026. Your process for applying for OPT may have different requirements depending on your circumstances. 

    • Students who are applying to USCIS for Post-completion OPT prior to September 15, 2026: there are no changes to the current procedure prior to the effective date of the new regulation. Review the OPT page for details about the current application process. 
    • Students who are applying to USCIS for Post-completion OPT between September 15, 2026 and March 18, 2027 AND who are not traveling outside the U.S. after September 15, 2026: within this 6-month transition window, students who have an I-94 showing D/S can continue to apply for OPT without needing to file a separate Form I-539. Review the OPT page for details about the current application process. 
    • Students who travel outside the U.S. and return after September 15, 2026 will have a specific end date on their I-94 record and will need to file Form I-539 for an extension of stay in addition to Form I-765 to apply for Post-completion OPT. If you are planning to apply for OPT between  September 15, 2026 and March 18, 2027, please speak with an ISSS advisor before finalizing any travel plans. 
    • Students who are applying for Post-completion OPT after March 18, 2027 will need to file Form I-539 for an extension of stay in addition to Form I-765 to apply for Post-completion OPT. ISSS is currently developing updated forms and additional resources related to this new process, and additional details will be available closer to the effective date of the new regulation. 

     

  • I am a current PhD student, and my I-20/DS-2019 end date is more than 4 years in the future. What do I need to do?

    If you are currently in the U.S. in F-1 or J-1 status with an I-94 record that shows D/S for “duration of status” on September 15, 2026, you will continue that duration of status through the end date on your I-20 or DS-2019 or until September 15, 2030, whichever date is earlier. If you will need additional time beyond that date to complete your program or to participate in OPT, you will need to file an application with USCIS for an extension of stay before that new end date. ISSS is currently developing updated forms and additional resources related to this new process, and additional details will be available closer to the effective date of the new regulation.

  • I am a current PhD student, and I want to change to a Master’s program. Can I do that?

    As of September 15, 2026, graduate students will not be able to change their academic program. PhD students who wish to change to a lower degree level should speak with an ISSS advisor immediately to discuss their options.

  • I have completed a Master’s degree, and I want to earn a second Master’s degree in a different field. Can I do that?

    Students who complete a degree after September 15, 2026 will not be eligible to start another degree at the same level or at a lower level.

Current Students - Travel Questions

  •  I am a continuing student, and I am currently traveling outside the U.S. I plan to return to the U.S. before September 15, 2026. How will this change impact me?

    If you are returning to the U.S. before September 15, 2026, your I-94 should be marked with an end date of D/S for “duration of status”. Students who are in the U.S. in F-1 or J-1 status with an I-94 record that shows D/S for “duration of status” on September 15, 2026 will continue that duration of status through the end date on your I-20 or DS-2019 or until September 15, 2030, whichever date is earlier. F-1 students who maintain their status with duration of status and do not travel outside the U.S. will continue to be eligible for a 60-day grace period following the end date on their I-20.

    If you will need additional time beyond your current I-20 or DS-2019 end date to complete your program, or if you plan to apply for post-completion Optional Practical Training or Academic Training, you would need to file an application with USCIS before the end date on your I-20 or DS-2019. ISSS is currently developing updated forms and additional resources related to this new process, and additional details will be available closer to the effective date of the new regulation.

  • I am a continuing student, and I am currently traveling outside the U.S. I plan to return to the U.S. on or after September 15, 2026. How will this change impact me?

    If you are returning to the U.S. on or after September 15, 2026, you will receive an I-94 showing fixed admission with a defined end date. F-1 students and J-1 students who re-enter the U.S. under this new regulation will have a 30-day grace period.  

    If you will need additional time beyond that I-94 end date to complete your program or to participate in OPT, you will need to file an application with USCIS for an extension of stay before that new end date. ISSS is currently developing updated forms and additional resources related to this new process, and additional details will be available closer to the effective date of the new regulation. 

Students on Post-completion OPT or STEM OPT

  • I have filed an OPT or STEM OPT application with USCIS, and it is still pending. How will this change affect me?

    If you are currently in the U.S. on OPT or STEM OPT with an I-94 record that shows D/S for “duration of status” and your OPT or STEM OPT application was filed before the effective date of September 15, 2026, you do not need to take any action. You are eligible to remain in the U.S. while waiting for USCIS to review your application.

  • I’m on an approved period of OPT or STEM OPT and I don’t plan to travel outside the U.S. How will this affect me?

    If you are currently in the U.S. on OPT or STEM OPT with an I-94 record that shows D/S for “duration of status” on September 15, 2026, you will continue that duration of status through the end date on your EAD card. F-1 students who maintain their status with duration of status and do not travel outside the U.S. will continue to be eligible for a 60-day grace period following the end date on their I-20. 

  • I am currently approved for OPT. How will this affect my STEM OPT application process?

    The new regulation allows for a 6-month transition window following the effective date of September 15, 2026. Your process for applying for STEM OPT may have different requirements depending on your circumstances. 

    • Students who are applying to USCIS for STEM OPT prior to September 15, 2026: there are no changes to the current procedure prior to the effective date of the new regulation. Review the STEM OPT page for details about the current application process. 
    • Students who are applying to USCIS for STEM OPT between September 15, 2026 and March 18, 2027 AND who are not traveling outside the U.S. after September 15, 2026: within this 6-month transition window, students who have an I-94 showing D/S can continue to apply for STEM OPT without needing to file a separate Form I-539. Review the STEM OPT page for details about the current application process. 
    • Students who travel outside the U.S. and return after September 15, 2026 will have a specific end date on their I-94 record and will need to file Form I-539 for an extension of stay in addition to Form I-765 to apply for STEM OPT. If you are planning to apply for STEM OPT between  September 15, 2026 and March 18, 2027, please speak with an ISSS advisor before finalizing any travel plans. 
    • Students who are applying for STEM OPT after March 18, 2027 will need to file Form I-539 for an extension of stay in addition to Form I-765 to apply for STEM OPT. ISSS is currently developing updated forms and additional resources related to this new process, and additional details will be available closer to the effective date of the new regulation. 

     

Newly Admitted Students

  • I’m a new student starting in the fall 2026 semester. How will this change affect me?

    All new international students are required to arrive in Binghamton before the effective date of this new regulation. When you enter the U.S., you will receive an I-94 record that shows your admission for D/S, which stands for Duration of Status. You will need to upload a copy of this I-94 record, in addition to copies of your other immigration documents, when you complete the ISSS Arrival Form. 

    Students who are in the U.S. in F-1 or J-1 status with an I-94 record that shows D/S for “duration of status” on September 15, 2026 will continue that duration of status through the end date on your I-20 or DS-2019 or until September 15, 2030, whichever date is earlier. F-1 students who maintain their status with duration of status and do not travel outside the U.S. will continue to be eligible for a 60-day grace period following the end date on their I-20.

    If you will need additional time beyond your current I-20 or DS-2019 end date to complete your program, or if you plan to apply for post-completion Optional Practical Training or Academic Training, you would need to file an application with USCIS before the end date on your I-20 or DS-2019. ISSS is currently developing updated forms and additional resources related to this new process, and additional details will be available closer to the effective date of the new regulation.

J-1 Scholars

  • I’m a current J-1 scholar and I don’t plan to travel outside the U.S. How will this affect me?

    If you are currently in the U.S. in J-1 status with an I-94 record that shows D/S for “duration of status” on September 15, 2026, you will continue that duration of status through the end date on your DS-2019 or until September 15, 2030, whichever date is earlier. J-1 scholars will continue to be eligible for a 30-day grace period following their program end date. 

    If you will need additional time beyond your current DS-2019 end date to complete your program, you would need to file an application with USCIS before the end date on your DS-2019. ISSS is currently developing updated forms and additional resources related to this new process, and additional details will be available closer to the effective date of the new regulation. 

  • My current DS-2019 is ending soon, and I will need additional time to complete my program. How do I apply for an extension?

    The new regulation will be effective as of September 15, 2026. Prior to that date, the current extension process still applies. If you know that your department plans to extend your program or appointment beyond your current DS-2019 end date, please encourage your department to submit a complete extension request to ISSS as early as possible and by August 15, 2026 at the latest to allow time for ISSS processing.

Important ISSS Listserv Announcements

Announcement from July 21st, 2026

Announcement from July 16th, 2026

The ISSS will continue to update this page and these resources as information becomes available.