Duration of Status Rule

What is Duration of Status?

When an international student or exchange visitor arrives in the United States, they must be cleared for entry by a Department of Homeland Security (DHS) Customs and Border Protection (CBP) officer at the port of entry. The CBP officer issues documentation stating how long the student or exchange visitor may remain legally in the United States. This is different from the visa validity period determined by the Department of State (DOS). Since the early 1990s, CBP has admitted students (F visa status) and exchange visitors (J visa status) for a period known as “duration of status” (D/S).  D/S allowed F students and J exchange visitors to remain in the country as long as they were making normal progress towards completing their academic or research objectives, included engaging in post-completion optional practical training (OPT).

What’s Changing:

F and J visa students will no longer receive an open-ended or unspecified period of admission to the U.S., known as Duration of Status (D/S).

New Requirement:

The rule changes the admission period for F and J students to a fixed admission period, known as the Admit Until Date (AUD).

• AUDs will be given for a maximum of four (4) years, plus a 30-day grace period.
• The rule does not prohibit students from remaining in the U.S. for longer than four (4) years.
• Students can file an Extension of Stay (EOS) application to USCIS or depart and re-enter the U.S. to extend their stay.
• The grace period for F-1 students will change from 60-days to 30-days.

The Admit Until Date (AUD) is a nonimmigrant’s maximum period of admission to the United States and is the last day a nonimmigrant is authorized to stay in the United States. F and J students cannot remain lawfully present in the United States beyond their AUD and must depart the United States or take action to maintain status before their AUD expires.​

• The Admit Until Date (AUD) will replace Duration of Status (D/S). 
• Students that enter or re-enter the U.S. on or after September 15, 2026, will be able to locate their Admit Until Date (AUD) on their Form I-94 “Arrival/Departure Record”​. 
• Students that remain in the U.S. will continue to have D/S on their I-94, but will still have an AUD. 
• The Admit Until Date (AUD) may be different from your Program End Date​.
  • For Kutztown bachelor and master's programs: The AUD is the Program End Date, plus 30 days for departure.​
  • For students engaging in Post-Completion OPT: The AUD is the employment end date on the EAD "Employment Authorization Document", plus 30 days for departure. ​

Under the new rule, students may need to file for an Extension of Stay (EOS) with USCIS to:

• Complete an bachelor's program that requires more time than 4 years;
• Engage in Post-Completion Optional Practical Training or Academic Training,  
• Move to a higher level of study (bachelor's to master's program)
• Complete a PhD program (typically longer than 4 years)

Option 1: Students must complete and timely file the Form I-539, “Application to Extend/Change Nonimmigrant Status,” pay the required fee and provide required biometrics. Detailed instructions are listed on the Maintain Immigration Status webpage under, "Change your Program Dates"

Option 2: Students with unexpired visas may choose to travel and apply for admission with U.S. Customs and Border Protection (CBP) at a port of entry and receive a new Form I-94, “Arrival/Departure Record,” with a new period of admission based on their updated (SEVIS) record and supporting documentation, subject to eligibility and admissibility requirements.​

Current Rule: F students can change their major in their SEVIS record at any time during their program with their immigration advisor directly. ​

New Rule: ​

• Students enrolled in undergraduate programs cannot change their major during their first year of study (unless SEVP authorizes an exception).​
• Students enrolled in graduate programs at the cannot change their major at any point during their program of study.

Current Rule: F students have the flexibility to adjust their education level in their SEVIS record with their immigration advisor directly. ​

New Rule: ​

• Undergraduate students cannot change educational levels during their first year of study (unless SEVP authorizes an exception).
• ​Students enrolled in programs at the graduate level cannot change educational levels during their program of study.  ​
• Changing to a program of study to a lower educational level is now prohibited (e.g., moving from a master’s program to a bachelor’s program). ​
• Changing to a program of study at the same educational level (is now prohibited e.g., moving from a bachelor’s program to a bachelor’s program). ​

Current Rule: Students can request a SEVIS transfer at any time during their studies. ​

New Rule: ​

• Students enrolled in undergraduate programs cannot transfer to another school during the first year of a program of study and must complete their first year at the school that initially issued their Form I-20 (unless SEVP authorizes an exception). ​
• Students enrolled in graduate programs cannot transfer at any point during their program of study (unless SEVP authorizes an exception). ​

Current Rule: F students have a 60-day grace period. J students have a 30-day grace period.​

New Rule: F visa students now have 30 days to depart the United States after completion of their program of study or Post-Completion OPT or STEM OPT extension, a decrease from the previous 60-day period. No change for J visa students. ​

For students admitted under D/S who are present in the U.S. before September 15, 2026:​

• F-1 students who are admitted for D/S and are inside the U.S. on September 15, 2026, do not automatically switch over to receive a new date-specific I-94 (unless their stay in the U.S. goes beyond September 15, 2030 – four years beyond the date of the final rule)
• Extension of Stay (EOS) requirements will apply to current students. At the end of your program end date on the Form I-20 or OPT end date on the EAD, you must apply for an extension of stay to continue your academic or employment objectives in the U.S.
• F-1 students admitted under D/S prior to September 15, 2026 retain their 60-day grace period.
• You may remain in the U.S. without applying for an EOS up to the Program End Date or the end of your Post-Completion OPT or STEM OPT that is valid, not to exceed Nov. 14, 2030 (which is 4 years plus a 60-day departure period).​
• Students must apply for an EOS if they wish to remain in the U.S. beyond Nov. 14, 2030, including if additional time is needed to begin a new program of study or engage in Post-Completion OPT or STEM OPT. ​

HOWEVER, if you decide to travel outside the U.S. after September 15, 2026:

• Upon your re-entry, you will be admitted into the U.S. with a date-specific I-94 (AUD will replace D/S).
• Upon your re-entry, you will receive a 30-day grace period (this replaces your previous 60-day grace period).  

POST-COMPLETION OPT TRANSITION:

• If you remained in the U.S. under D/S and USCIS receives your OPT application on or before March 18, 2027: You do not need to file a separate Extension of Stay.
• If you traveled and reentered the U.S. before filing for OPT: Your new Form I-94 will include a fixed Admit Until Date, and you must file both the OPT application and an EOS.
• If USCIS receives your OPT application after March 18, 2027: You must submit both Form I-765 and a separate Extension of Stay application. (This requirement may change if DHS extends the temporary filing exception.)