Duration of Status Rule Change
Duration of Status (D/S) Rule Change — Frequently Asked Questions
On July 17, 2026, the U.S. Department of Homeland Security (DHS) published a final rule eliminating Duration of Status for F-1 students. The rule takes effect September 15, 2026. This page summarizes University of Fairfax’s current understanding of the rule and will be updated as federal guidance develops.
About This Rule
This page summarizes the University of Fairfax’s current understanding of the DHS final rule, “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 July 17, 2026, and scheduled to take effect September 15, 2026.
The rule changes how F-1 students maintain immigration status and request additional time in the U.S. Because implementation guidance from DHS, the Department of State, USCIS, CBP, and SEVP is still developing, University of Fairfax’s guidance may change. University of Fairfax will update this page and issue additional resources before the effective date, including guidance on:
- Requesting an Extension of Stay via Form I-539
- Accessing and retaining your Form I-94 arrival record
- Complying with new status requirements
Overview
For more than 30 years, most F-1 students were admitted to the U.S. for Duration of Status (D/S) — allowed to remain as long as they maintained status. Beginning September 15, 2026, most new F-1 students (and F-2 dependents) will instead receive a fixed Admit Until Date (AUD) on their Form I-94.
Understanding D/S
A CBP officer determines how long an F-1 student may remain in the U.S. at entry and records it on the Form I-94 — separate from the visa, which only allows travel to a port of entry. Under D/S, schools could extend a student’s I-20 when more time was needed without a separate USCIS filing, and students could transfer schools, change education levels, or continue practical training under the same D/S admission.
Effective Date
The rule was published July 17, 2026, and takes effect September 15, 2026. Because it is a major rule, Congress may review it under the Congressional Review Act, though overturning a rule this way is uncommon and requires House, Senate, and presidential action. If the effective date changes, DHS will announce it in the Federal Register. At this time, September 15, 2026 remains the effective date.
Quick Facts
The Rule at a Glance
Beginning September 15, 2026, most F-1 students and F-2 dependents will receive an Admit Until Date (AUD) on their Form I-94 instead of D/S. The rule changes how authorized stay is recorded — it does not change:
- Requirements for maintaining F-1 status
- The length of an academic program
- University of Fairfax’s ability to issue immigration documents for eligible F-1 students
Key Terms
Affected Populations
F-1 academic students, and F-2 dependents admitted on or after September 15, 2026 will receive a specific AUD instead of D/S.
What’s Changing
- A specific AUD replaces “D/S” on the Form I-94
- Admission generally runs to the I-20 end date or approved EAD date, not to exceed 4 years
- Students must monitor their AUD and act before it expires
- Students may request an Extension of Stay from USCIS, or depart and re-enter to receive a new AUD
- A 30-day grace period follows program or authorized-activity completion
What’s NOT Changing
- Eligibility for F-1 status
- Admission requirements or program length
- University of Fairfax’s ability to issue Forms I-20 for the full expected program length
- Eligibility for CPT, OPT, or STEM OPT
- SEVIS reporting or visa issuance procedures
- There is no lifetime 4-year limit on F-1 status
4 Years Is Not a Maximum
A common misunderstanding: the rule does not cap total time in F-1 status at 4 years. It limits the current period of admission, not total time studying. Students needing more time can request an Extension of Stay or receive a new admission period after travel and re-entry.
Current F-1 Students
Students admitted before September 15, 2026, generally do not need to take immediate action. Most current F-1 students admitted for D/S continue under the existing system until they depart and re-enter, file an Extension of Stay, change status, or receive a new admission period for another reason.
Travel Considerations
International travel on or after September 15, 2026, generally results in a new Form I-94 with an AUD instead of D/S. Consult the University of Fairfax DSO Office before traveling.
Form I-94 Matters
After each entry, students should verify their Form I-94’s admission date, classification, and AUD are correct, and correct any errors promptly.
If a Program Runs Past the AUD
Students may need to file Form I-539 with USCIS, or depart and re-enter to obtain a new admission period. The DSO Office will provide guidance as more information becomes available.
Immediate Actions University of Fairfax Recommends
- Continue maintaining F-1 status as usual
- Keep a valid passport; begin renewal early if it’s expiring soon
- Review the Form I-94 after each U.S. entry
- Contact the DSO Office before international travel if you’re unsure how the rule affects you
- Monitor University of Fairfax communications for updates
- Rely on official University of Fairfax and government sources — not social media — for guidance
Overview of Changes in the Final Rule
Fixed Admission Periods Replace D/S
The AUD will generally be the earlier of the I-20 program end date or 4 years from admission. Note: CBP may also limit admission based on passport expiration, though the regulation doesn’t directly address this.
Extension of Stay Process
Under D/S, DSOs could update SEVIS program dates without USCIS approval. Under the new rule, students needing more time beyond their AUD must generally request an Extension of Stay from USCIS. This may be needed for extending a program, transferring schools, changing academic levels, or continuing practical training.
University of Fairfax’s DSO Office will first determine whether a student qualifies for an extension under existing F-1 requirements. Acceptable reasons include approved academic/medical delays or continuing authorized OPT/STEM OPT. Unacceptable reasons include academic probation, suspension, or demonstrated unwillingness to complete coursework.
If approved, the DSO updates SEVIS and issues a new I-20 — but under the new system, a SEVIS update alone may not extend authorized stay if the AUD occurs before the new program end date.
Option 1 — Extension of Stay with USCIS
Requires filing Form I-539 with the filing fee, an updated I-20, and evidence of continued F-1 eligibility, before the AUD passes. USCIS makes the final decision. If filed before the AUD (outside the 30-day grace period), students may generally remain in the U.S. and continue authorized activity while the application is pending. Filing only during the 30-day grace period allows the student to remain while the case is reviewed, but authorized employment may not continue until approval.
Option 2 — Travel and Re-entry
Students may instead leave the U.S. and re-enter in F-1 status, needing a valid I-20, valid F-1 visa (unless exempt), a passport valid at least 6 months out, and a valid EAD if applicable. CBP issues a new Form I-94 with a new AUD on re-entry. Consider visa validity, appointment availability, processing delays, and travel
restrictions before choosing between the two options — consult the University of Fairfax DSO Office.
Extension Decisions
4-Year Maximum Admission Period
Admission is generally based on the program length, up to 4 years — not a 4-year cap on studying. University of Fairfax may continue issuing I-20s for programs that extend beyond 4 years; students may remain beyond the initial period if they maintain status and obtain any required Extension of Stay.
Grace Period Change: 60 → 30 Days
The F-1 grace period drops from 60 to 30 days. Students admitted for D/S before September 15, 2026, keep the 60-day grace period under transition provisions until they receive a new AUD (via travel, an approved extension, or another qualifying event). Once a new AUD is issued, the 30-day grace period applies.
“Educational Objective” Changes
The rule defines an “educational objective” as a student’s major/field of study and educational level. Changes include changing majors, adding/pursuing another degree, changing levels, or pursuing a second degree at the same level. Requirements differ for undergraduate vs. graduate students.
Example: A student admitted for a Master’s in Cybersecurity cannot switch to a doctoral program, add a second master’s, or transfer to another institution mid-program — even if, for example, a research supervisor relocates.
Moving to a Different Educational Level
After completing a program on or after September 15, 2026, F-1 students generally must move to a higher level — not the same or lower level.
| Allowed | Not Allowed |
|---|---|
| Associate’s → Bachelor’s | Master’s → Second Master’s |
| Bachelor’s → Master’s | Bachelor’s → Second Bachelor’s |
| Master’s → Ph.D. | Doctorate → Master’s |
F-2 Dependents
Dependents generally receive an AUD aligned with the principal student’s authorized stay instead of D/S. If the principal student files an Extension of Stay, dependents generally need to as well (often via a joint I-539 filing). Dependents already in D/S status before September 15, 2026, generally don’t need immediate action.
Unlawful Presence
Under D/S, students generally didn’t accrue unlawful presence simply by exceeding a program end date. Under the new rule, remaining beyond the AUD without an approved/timely Extension of Stay may result in unlawful presence:
- 180+ days: possible 3-year re-entry bar
- 1 year+: possible 10-year re-entry bar
Transitional Provisions
Applies to F-1 students who are in the U.S. on September 15, 2026, admitted for D/S, and maintaining status. They won’t automatically get a new AUD on that date — they continue under transition provisions until a future event (travel, status change, or Extension of Stay) requires a new admission period.
Students remain under the current system until the latest of their I-20 program end date or their OPT/STEM OPT EAD expiration, but the transition period cannot extend beyond 4 years past September 15, 2026:
- F-1 students: maximum transition date November 14, 2030 (includes legacy 60-day grace period)
Students admitted for D/S who timely file Form I-765 for OPT/STEM OPT by March 18, 2027 will not need to separately file an Extension of Stay.
Travel after September 15, 2026 ends transition protections — CBP issues a new AUD with a 30-day grace period on re-entry.
Example — F-1 Student
A University of Fairfax student — undergraduate or graduate — who began their program before the rule change and is maintaining status on September 15, 2026, with an I-20 end date after that, continues under transition provisions through expected graduation with no immediate action needed. If more time is needed for coursework, dissertation, research, or for Post-OPT, they’ll work with the University of Fairfax DSO Office and, if required, file an Extension of Stay before their authorized stay expires.
Important Takeaway
Students admitted for D/S before September 15, 2026, generally do not need to act when the rule takes effect. They remain under transition provisions until their I-20/EAD end date. Traveling and re-entering after September 15, 2026, or filing an Extension of Stay, will generally subject them to the new rule.
Official Resources
Frequently Asked Questions
I’m outside the U.S. Should I return before the rule takes effect?
Not necessarily. Timing alone doesn’t require an early return. If you re-enter on or after September 15, 2026, CBP will generally issue a new Form I-94 with a fixed Admit Until Date instead of D/S. Before making travel decisions, review your visa validity, I-20, passport expiration, and individual circumstances with the University of Fairfax DSO Office.
I’m in the U.S. now. Should I avoid international travel?
Not necessarily. But travel on or after September 15, 2026 will generally end your D/S transition protection and result in a new AUD on re-entry. Consult the DSO Office before travel if you have concerns about timing, visa renewal, OPT/STEM OPT, or program completion.
What happens to my status on September 15, 2026?
If you’re in the U.S. in valid F-1 status with D/S on your I-94, nothing changes automatically that day. You continue under transition provisions until a later event — such as travel/re-entry or an Extension of Stay — results in a new AUD.
Does the rule affect my visa stamp?
No. The visa is a travel document that allows you to request entry; the Form I-94 controls how long you’re authorized to remain in the U.S. A visa may expire while you’re in the U.S. without affecting your status, as long as you maintain F-1 status and remain within your authorized admission period.
My program is longer than 4 years. Is that a problem?
No. University of Fairfax can issue an I-20 for the full expected program length. Your initial admission period may be limited to 4 years, but you can request additional time through an Extension of Stay or travel and re-entry.
Do I need to file Form I-539 now?
No, not simply because the rule takes effect. Students admitted for D/S before September 15, 2026 generally remain under transition provisions until their current authorized period ends or another event triggers the new system. University of Fairfax will provide guidance when an extension becomes necessary.
Can I file Form I-539 myself?
Yes. Form I-539 is a personal application filed by the student with USCIS. The University of Fairfax DSO Office can provide immigration documents and general procedural guidance but cannot provide legal advice or file the application for you.
Will I need a lawyer to file an Extension of Stay?
Not necessarily. Students may file Form I-539 on their own. However, students with complex immigration histories or prior status issues may wish to consult a qualified immigration attorney.
How early can I file an Extension of Stay?
USCIS generally allows filing up to 180 days before the AUD. University of Fairfax recommends beginning the process early enough to allow time for DSO review, I-20 issuance, document gathering, and USCIS filing.
What if I need a leave of absence?
Leaves remain governed by existing F-1 regulations and University of Fairfax policy, but because your admission period now has a fixed AUD, extended interruptions may need additional immigration planning. Consult the University of Fairfax DSO Office as early as possible.
F-1 Transfer and Educational Objective Questions
I’m a current University of Fairfax undergraduate and want to attend another U.S. school. Can I?
You’ll need to request a SEVIS Transfer Out through the University of Fairfax DSO Office before September 14, 2026 and provide your acceptance letter from the new school. Starting September 15, 2026, undergraduates cannot transfer before completing one academic year at University of Fairfax; after that, transfer may be possible.
I’m a current University of Fairfax undergraduate and want to change my major. Can I?
You may be eligible to change your major before August 28, 2026. Because the approval process takes time, contact your University of Fairfax academic advisor as soon as possible so the change can be initiated after your current classes end.
If your program change is approved, the University of Fairfax DSO Office must issue your updated Form I-20 no later than September 14, 2026.
Beginning September 15, 2026, undergraduate students must complete at least one academic year in their current major before changing majors.
I’m currently pursuing a master’s at University of Fairfax and want to attend another U.S. school. Can I?
You’ll need to request a SEVIS Transfer Out through the University of Fairfax DSO Office before September 14, 2026 and provide your acceptance letter from the new school. Starting September 15, 2026, graduate students cannot transfer to another school — they may only transfer to begin a new, higher-level degree after completing their current one.
I’m currently pursuing a master’s at University of Fairfax and want to change my field of study. Can I?
If you are currently enrolled in the semester that began May 4, 2026 (26SU3), you may be eligible to change your major before August 28, 2026. Because the approval process takes time, contact your University of Fairfax academic advisor as soon as possible so the change can be initiated after your current classes end.
If your program change is approved, the University of Fairfax DSO Office must issue your updated Form I-20 no later than September 14, 2026.
If you are currently enrolled in the semester that began June 29, 2026 (26SU4), you cannot complete a change of major under the current rules. At University of Fairfax, major changes may be processed only after the semester ends in October. Because graduate students must complete any change of major by September 14, 2026, it is now too late to complete the change before the new rule takes effect on September 15.
Beginning September 15, 2026, graduate students cannot change their field of study at any point in their program.
My dissertation/research supervisor is moving to another university. Can I transfer with them?
You’ll need to request a SEVIS Transfer Out through the University of Fairfax DSO Office before September 14, 2026 and provide your acceptance letter from the new school. Starting September 15, 2026, this transfer will not be permitted — even if your supervisor relocates.
I’ll finish my University of Fairfax degree in Fall 2026 or later and want to pursue a higher-level degree elsewhere. Can I transfer my SEVIS record?
Yes, for permitted academic progression (e.g., Master’s → Ph.D.). Request the SEVIS transfer within your grace period following program completion. You may also need to file an Extension of Stay with USCIS to complete studies or apply for OPT — your new school’s international office can help.
Lateral or Reverse Matriculation Questions
Students who complete a program on or after September 15, 2026, are barred from starting another program at the same or lower educational level.
I’ll finish a master’s at University of Fairfax and want to pursue another master’s. Is this possible?
If you finish before September 15, 2026 — yes, though you should be ready to explain your reasoning to USCIS/CBP/a consular officer if asked. If you finish on or after September 15, 2026 — no, this is prohibited under the new rule.
I’ll finish a bachelor’s at University of Fairfax and want to pursue another bachelor’s. Is this possible?
Same rule applies: finishing before September 15, 2026 generally permits it (though be ready to explain your reasoning if asked by USCIS, CBP, or a consular officer); finishing on or after September 15, 2026 prohibits pursuing another program at the same or a lower degree level.
Are MBA and MA/MS the same degree level?
Yes, they are all master’s level.
Grace Period Questions
I’m graduating in Fall 2026. Do I still get a 60-day grace period?
Depends on your most recent U.S. entry date. Entered before September 15, 2026, and haven’t since departed/re-entered? You keep the 60-day grace period. Entered on or after September 15, 2026? You’re on the new 30-day grace period. If you remain in the U.S. and file Form I-765 for Post-OPT by March 18, 2027, you may
not need a separate Extension of Stay.
I’m taking a break in my studies and returning home before the next term. Do I get a grace period?
No — a grace period only follows degree/authorized-training completion. If the University of Fairfax DSO Office terminates your SEVIS record for an Authorized Early Withdrawal, you have 15 days to depart. This is unchanged by the new rule.
Extension of Stay Questions
Do I always need to file an Extension of Stay?
No — only if you need time beyond your AUD. E.g., if admitted for 3 years but you finish in 2, you may not need one for Post-OPT as long as you’re within your authorized stay and OPT eligibility.
I need more time to finish my degree. What do I do?
Consult with your academic advisor to confirm your expected graduation date. If you may need additional time to complete your program because of delays caused by compelling academic or medical reasons, contact the University of Fairfax DSO Office promptly to determine whether an I-20 program extension is needed. Program extensions may not be granted for delays caused by academic probation or suspension, course retakes, or reasons unrelated to academics or medical circumstances. After September 15, 2026, students who need additional time to complete their program of study will be required to apply for an Extension of Stay with USCIS.
What is Form I-539, and what does it not do?
It’s the USCIS application for an Extension of Stay or change of nonimmigrant status. It is not an I-20 extension, a work-authorization request, filed through SEVIS, or something the DSO approves — USCIS alone decides.
What’s the general I-539 process?
- Work with the DSO Office on an I-20 extension and/or Post-OPT/STEM OPT application.
- File Form I-539 with USCIS after receiving the updated I-20 (plus Form I-765 if applying for OPT/STEM OPT).
- File before your current authorized stay expires.
- USCIS reviews and decides — possibly requiring biometrics, an interview, or proof of financial resources.
Does filing Form I-539 automatically extend my status?
Not automatically — but a timely filing may let you remain while USCIS decides.
- Filed before your 30-day departure period begins: may remain up to 240 days while pending, continuing studies and (if otherwise eligible) on-campus employment, or CPT.
- Filed during the 30-day departure period: may remain and continue studies, but not employment, CPT, until approved.
What are the I-539 filing deadlines?
Before your AUD expires (which includes the 30-day period after program/OPT completion). Don’t wait — contact the University of Fairfax DSO Office as early as possible.
What if I request a program extension after my I-20 has already expired?
Generally not eligible for a standard extension through the University of Fairfax DSO Office — you may need to explore reinstatement or departing and applying for a new I-20. Contact the University of Fairfax DSO Office immediately.
Should I travel or file an Extension of Stay?
No single right answer — weigh existing travel plans, visa validity/appointment wait times, pending applications, travel restrictions, cost, and academic/research/family considerations. Consult the University of Fairfax DSO Office before deciding.
Fixed Period of Admission Questions
My I-94 says “D/S” and I entered before September 15, 2026. How does this affect me?
No immediate change. If you travel internationally on or after September 15, 2026, your new admission will fall under the fixed-date rule. If you neither travel nor file an Extension of Stay, your D/S admission is limited by the transition deadline: November 14, 2030 for F-1 students.
I plan to enter the U.S. on or after September 15, 2026. How does this affect me?
Your I-94 should show a fixed AUD instead of D/S. Review it after each entry to confirm accuracy.
Travel Questions
What happens if I travel after September 15, 2026?
Re-entry generally places you under the new system: your I-94 will show an AUD (earlier of your I-20 end date or 4 years from admission), with CBP potentially also considering passport expiration.
Will traveling end my transition protections?
Generally yes — re-entry after September 15, 2026, subjects you to the new fixed-period system.
What should I do after returning to the U.S.?
Promptly retrieve and review your new Form I-94 — classification, AUD, name, and passport info. Contact the University of Fairfax DSO Office immediately if you find an error.
Should I avoid international travel because of the new rule?
Not necessarily — travel isn’t prohibited, but travel after September 15, 2026 may place you under the new fixed-period system. Consult the University of Fairfax DSO Office with questions.
Employment Questions
The rule doesn’t eliminate or fundamentally change existing employment benefits. Eligible F-1 students may still apply for on-campus employment, CPT, OPT, and STEM OPT extensions.
Does the rule change my eligibility for employment?
No — eligibility requirements are unchanged; only how the length of authorized stay is determined changes.
Does it affect on-campus employment or CPT?
No — eligibility is unchanged, but if your AUD expires before your program ends, you must obtain additional authorized stay. A timely Extension of Stay filing may allow continued on-campus employment or CPT for up to 240 days while USCIS reviews the application.
Does the 240-day continuation mean my extension was approved?
No — it’s a temporary bridge while USCIS reviews a qualifying, timely filed application.
Does it affect Post-OPT or STEM OPT eligibility?
No — eligibility requirements are unchanged, but some students may need an additional authorized period depending on entry date, transition eligibility, travel after September 15, 2026, current AUD, and expected OPT period. Review your documents with the University of Fairfax DSO Office before completing your program.
Are there special OPT transition rules?
Yes — F-1 students admitted for D/S who are in the U.S. on September 15, 2026, and covered by transition provisions may not need a separate Extension of Stay for Post-OPT/STEM OPT if they timely file Form I-765 by March 18, 2027. Traveling and re-entering on or after September 15, 2026, forfeits this transition benefit.
Can I work on Post-OPT while my Extension of Stay is pending?
Generally no — the 240-day continuation doesn’t apply to Post-OPT. You generally cannot begin Post-OPT employment until both the Extension of Stay and EAD are approved (and your EAD start date has occurred).
Can I work on STEM OPT while my Extension of Stay is pending?
The existing rule remains: a timely-filed STEM OPT application gets an automatic 180-day work authorization extension from the end of Post-OPT, which ends once USCIS adjudicates the STEM OPT application.
What if my Extension of Stay is denied while I’m working?
Impact depends on your circumstances. Contact the DSO Office immediately.
Dependents and Families Questions
How does the rule affect F-2 dependents?
Most entering on or after September 15, 2026, receive a fixed AUD instead of D/S, generally aligned with the principal student’s authorized stay — there’s no separate admission period for dependents.
If the principal student requests an Extension of Stay, do dependents need one too?
Generally yes — dependents typically need additional authorized stay and are often included in the same filing. Consult the University of Fairfax DSO Office before filing.
What if the principal student travels internationally?
Both may receive a new AUD after reentry — each family member should check their own I-94; don’t assume identical admission records.
What if the principal student changes immigration status?
F-2 dependents may need to change classification, independently qualify for another status, or depart. Consult University of Fairfax DSO Office before filing.
Does the rule change what F-2 dependents may do?
No — F-2 spouses remain ineligible for employment authorization, and existing study/activity restrictions continue to apply.
What should families do now?
Review each Admit Until Date after international travel, keep passports valid, plan Extensions of Stay and travel together, and contact the University of Fairfax DSO Office before changes to employment, status, or extended stays.
Last updated: 8/12/2026