Major Changes Coming to F-1 Student Visa Rules: What International Students Need to Know

The Department of Homeland Security (DHS) has finalized a rule that will significantly change how F-1 students and J-1 exchange visitors are admitted to and remain in the United States. The rule is scheduled to take effect on September 15, 2026.  

The most significant change is that DHS is ending the long-standing “duration of status” system for F-1 students. Instead of being admitted for as long as they continue to properly maintain F-1 status, students will receive a fixed expiration date on their Form I-94. That date will become critical. Students who need more time will generally have to file an extension of stay application with U.S. Citizenship and Immigration Services (USCIS) before their authorized stay expires. 

​​Contents 

• Critical Date: September 15, 2026
• What Is Duration of Status?
• D/S, the I-94, and Unlawful Presence: Why the Difference Matters
• What Will Change for New F-1 Admissions After September 15, 2026?
• What Happens If a Student Needs More Time?
• What Happens to Students Already in the United States?
• OPT and STEM OPT: What Students Should Watch
• School Transfers, Changes in Majors, and New Programs
• Travel Considerations Will Become More Important
• Does This Affect H-1B Planning?
• Potential Scenarios Under the New Rule
• What Should F-1 Students Do Now?

Critical Date: September 15, 2026 

The final rule is scheduled to take effect on September 15, 2026. DHS has classified the rule as a major rule subject to congressional review. That does not mean Congress must approve the rule before it can take effect. Rather, Congress has a limited opportunity under the Congressional Review Act to disapprove the rule. Unless Congress acts, DHS delays implementation, or a court intervenes, students and schools should prepare for the rule to take effect on September 15, 2026. 

Students already in the United States in F-1 status on September 15, 2026 will not automatically lose status on that date. DHS created transition rules for students who were admitted for duration of status and are properly maintaining F-1 status when the rule takes effect. Students currently in F-1 or J-1 will also be subject to the new rule, but with a transition period.   

What Is Duration of Status? 

Under the current system, most F-1 students are admitted for “duration of status,” often shown as “D/S” on the Form I-94. This means the student does not receive one fixed expiration date from Customs and Border Protection at entry. Instead, the student may remain in the United States as long as the student follows F-1 rules, maintains a valid SEVIS record, pursues an authorized course of study or authorized practical training, and otherwise maintains status. 

The new rule replaces that system with a fixed period of admission. After the effective date, F-1 students will generally receive an I-94 admit-until date tied to the program end date on the Form I-20, subject to a maximum period of four years, plus the periods described in the rule. In practical terms, F-1 students will need to track the I-94 expiration date carefully, not just the I-20 program end date. 

D/S, the I-94, and Unlawful Presence: Why the Difference Matters 

It is important to distinguish between “D/S” and the Form I-94. “D/S” is not a separate document. It is the notation that currently appears on many F-1 students’ I-94 records instead of a fixed expiration date. The Form I-94 is the government record that shows how a person was admitted to the United States, the immigration classification used at entry, and either a specific admit-until date or, under the current F-1 system, “D/S.” 

Under the current D/S framework, an F-1 student generally does not start accruing unlawful presence simply because the program end date on the I-20 has passed. Instead, unlawful presence has typically depended on a formal finding by USCIS or an immigration judge that the student violated status, or on other specific circumstances. That is one reason D/S has been so important: the student’s stay is tied to maintaining F-1 status, not to one fixed I-94 expiration date. 

The new rule changes that analysis. Once F-1 students are admitted for a fixed period, the I-94 admit-until date becomes the key deadline. If a student remains in the United States after that date without a timely filed extension of stay, another pending or approved immigration benefit that protects the period of stay, or another lawful basis to remain, the student may begin accruing unlawful presence as early as the day after the I-94 expires. 

This matters because unlawful presence can have serious immigration consequences. More than 180 days of unlawful presence can trigger a three-year bar to returning to the United States after departure, and one year or more can trigger a ten-year bar. Students should therefore treat the I-94 as a controlling document and should not rely only on the visa stamp, the I-20 program end date, or a school’s SEVIS update to determine how long they may remain in the United States. 

What Will Change for New F-1 Admissions After September 15, 2026? 

For F-1 students admitted or granted F-1 status on or after September 15, 2026, DHS will generally admit the student for the period needed to complete the course of study listed on the Form I-20, not to exceed four years. Students may be admitted up to 30 days before the report date or program start date listed on the Form I-20, and they will generally have an additional 30-day period after the program end date, the four-year maximum admission period, or the end of approved post-completion OPT or STEM OPT, as applicable, to prepare for departure or otherwise seek to maintain lawful status. 

This is a major change from the current 60-day post-completion grace period for F-1 students. Under the new fixed-period system, the general post-completion departure period will be 30 days, not 60 days. That shorter period may affect travel planning, change-of-status timing, OPT/STEM OPT timing, and H-1B strategy. 

The rule also creates shorter maximum admission periods for certain F-1 students. For example, F-1 students in English language training programs are limited to a maximum admission period of 24 months, plus the additional 30-day period for departure or to otherwise seek to maintain lawful status. F-1 students attending public high school are limited to an aggregate of no more than 12 months. 

F-2 spouses and children may not be admitted for longer than the F-1 principal student’s authorized period of stay. Families should therefore track the principal F-1 student’s I-94 date and should not assume that dependents have a separate or longer period of stay. 

What Happens If a Student Needs More Time? 

If an F-1 student cannot complete the program, practical training, or next step within the authorized admission period, the student will generally need to apply to USCIS for an extension of stay. This is expected to be a major practical change. 

An extension request will require more than a school update in SEVIS. The student will generally need a properly endorsed Form I-20, evidence of sufficient funds, the required USCIS filing fee, and any required biometrics. USCIS will review whether the student has maintained F-1 status, is pursuing a full course of study, and has a valid reason for needing additional time. 

DHS has identified examples of reasons that may support an extension, including compelling academic reasons, documented illness or medical conditions, and circumstances beyond the student’s control, such as a natural disaster, national health crisis, or school closure. Delays caused by academic probation, suspension, or repeated inability or unwillingness to complete the course of study are not considered acceptable reasons for an extension. 

What Happens to Students Already in the United States? 

Students who are already in F-1 status, were admitted for duration of status, and are properly maintaining status on September 15, 2026 will be covered by transition rules. In general, those students may remain in the United States until the later of the program end date on the Form I-20 valid on September 15, 2026, or the expiration date on a valid Employment Authorization Document, not to exceed November 14, 2030. 

This does not mean every current student automatically receives authorization through November 14, 2030. It means that the transition period cannot extend beyond that date. The actual date will usually depend on the student’s current program end date on their I-20, or their OPT/STEM OPT EAD expiration date, and maintenance of status. 

Students who need additional time to complete a current program, apply for post-completion OPT or STEM OPT, begin a new program, or otherwise extend their stay may need to file an extension of stay application with USCIS, unless a transition exception applies. 

OPT and STEM OPT: What Students Should Watch 

The rule may significantly change the mechanics of OPT and STEM OPT. Under the current system, to apply for OPT or STEM OPT, many F-1 students submit a Form I-765 employment authorization application and the DSO recommendation in SEVIS. Under the new fixed-period system, a student may also need an extension of stay, in addition to the I-765 work authorization application, so that the I-94 period covers the requested OPT or STEM OPT period. 

DHS included temporary transition relief for some current F-1 students. For certain F-1 students who were in D/S before the rule took effect, a post-completion OPT or STEM OPT application filed by March 18, 2027 may not require a separate Form I-539 extension request for the requested OPT or STEM OPT period, if the student meets the rule’s requirements. This is a transition rule and should be reviewed carefully with a DSO or an immigration attorney before filing. 

Students should consider the impact on international travel. A student who departs the United States and is readmitted after the effective date may receive a fixed I-94 date and may become subject to different filing requirements. Before traveling, students should confirm how the trip may affect the I-94 expiration date, OPT or STEM OPT timing, and any pending or planned USCIS application. 

School Transfers, Changes in Majors, and New Programs 

The final rule also changes school transfer and program-change flexibility. For students below the graduate level, the rule generally bars school transfers or changes in educational objectives, such as a change of major or educational level, during the first academic year, unless SEVP authorizes an exception for extenuating circumstances. 

For graduate-level students, the restrictions are stricter. Under the final rule, an F-1 student at the graduate degree level or above generally may not change educational objectives at any point during the program. Graduate-level students also generally may not transfer during the program unless SEVP authorizes an exception for extenuating circumstances. 

The rule also limits “downward” or repeated study. A student who completes a program in the United States after September 15, 2026 generally may not maintain, be admitted to, or otherwise receive F-1 status for a new program at the same or a lower educational level. In other words, students should expect to progress to a higher educational level if they want to remain in F-1 status for a new program. 

DHS has reserved the ability to delay or suspend implementation of some educational-objective restrictions until September 14, 2028 if implementation proves infeasible. Unless DHS announces a delay or suspension, students should plan as though these restrictions will apply. 

Travel Considerations Will Become More Important 

After September 15, 2026, students should check their I-94 after every entry to the United States. The I-94 admit-until date will be one of the most important documents in the student’s immigration record. A valid visa stamp and a valid I-20 will not necessarily mean the student can remain in the United States beyond the I-94 date. 

Students should speak with their DSO and immigration attorney before international travel if they are close to program completion, planning OPT or STEM OPT, changing programs, transferring schools, or filing an H-1B change of status. Travel may affect pending applications and may result in admission for a fixed period that changes the student’s planning timeline. 

Does This Affect H-1B Planning? 

Yes. The shorter 30-day post-completion period and fixed I-94 dates may affect H-1B cap timing, change-of-status strategy, and cap-gap planning. The final rule continues to include cap-gap provisions, but students and employers should not assume that prior timing assumptions will still work in every case. 

Students approaching graduation, OPT expiration, STEM OPT expiration, or H-1B cap filing should review their I-94, I-20, EAD, and H-1B timeline early. Employers sponsoring F-1 workers should also build in additional time to evaluate whether the student needs an extension of stay or other filing before the I-94 expires. 

Potential Scenarios Under the New Rule  

The following examples illustrate how the new fixed-date system may apply in common situations. They are general illustrations only. Every student’s options depend on their specific facts, including their status history, I-20, I-94, EAD, and prior programs.  

Scenario 1: STEM OPT Student Considering CPT After the Rule Takes Effect 

Curricular Practical Training (CPT) is tied to active enrollment in a course of study for which the training is an integral part of the established curriculum. A student who has already completed a degree and is on post-completion STEM OPT cannot simply add CPT to that authorization; accessing CPT requires enrolling in a new academic program.  

Under the new rule, starting a new program means being admitted for a fixed period with a new I-94 date, and a student who completed a program on or after September 15, 2026 generally may not obtain F-1 status for a new program at the same or a lower educational level. As a result, enrolling in another program at the same level, for example a second master’s degree, primarily to obtain CPT would generally not be permitted; the new program would need to be at a higher level. 

Timing is critical here. Because STEM OPT is post-completion and the EAD expires, for example, in December 2026, the student would also need to secure a period of stay that covers the new program, which may require a change of educational level in SEVIS and a new or extended I-94 period through USCIS extension of status application, rather than a SEVIS update alone.  

Scenario 2: Bachelor’s Student Moving Into a Master’s Program 

Moving from a bachelor’s degree to a master’s degree is an upward progression to a higher educational level, which the new rule permits. The rule restricts new programs at the same or a lower level, not moves to a higher level. The student will need a new Form I-20 reflecting the change of educational level for the master’s program. Because admissions are now for a fixed period, the student should confirm that the I-94 admit-until date will cover the new program; if the current fixed admission period does not extend through the master’s program, the student may need to file a change of level and an extension of stay with USCIS rather than rely on a SEVIS update alone. 

Timing again matters. The general post-completion period is now 30 days rather than 60, so the student should have the master’s I-20 issued and any required filing prepared before the bachelor’s program end date and I-94 date. Students below the graduate level should also be aware of the rule’s restriction on transfers and changes of educational objective during the first academic year, although progressing from a completed bachelor’s degree to a master’s program at a new level is the ordinary path and is generally permitted. 

Scenario 3: Master’s Student Seeking Additional Study Options 

The options depend on the direction of the next step. If the student simply needs more time to finish the current master’s program, the student will generally need to apply to USCIS for an extension of stay before the I-94 expires, demonstrating maintenance of status and a valid reason for the additional time. DHS has identified acceptable reasons such as compelling academic reasons, documented illness or medical conditions, and circumstances beyond the student’s control; delays caused by academic probation, suspension, or a repeated inability or unwillingness to complete the program are not acceptable reasons. 

If the student instead wants to pursue further education after finishing the master’s, the student generally must move up to a higher educational level, such as a doctoral program, because the rule bars a new program at the same or a lower level. A second master’s degree or a lower-level program would generally not be permitted. In addition, graduate-level students generally may not change their educational objective during the program and generally may not transfer during the program unless SEVP authorizes an exception for extenuating circumstances. In practical terms, continuing at the graduate level means either finishing the current program, with an extension of stay if more time is needed, or advancing to a higher degree level. 

What Should F-1 Students Do Now? 

F-1 students should take the following steps before the rule takes effect: 

• Download and save the most recent Form I-94. 

• Review the program end date on the current Form I-20. 

• Save copies of all prior I-20s, EADs, SEVIS updates, and immigration notices. 

• Talk to the DSO before changing schools, changing majors, reducing course load, applying for OPT/STEM OPT, or traveling internationally. 

• Speak with an immigration attorney early if the student may need more time, is planning H-1B sponsorship, has a pending or planned green card case, or has any status-maintenance issue. 

Most importantly, students should not assume that “D/S” rules will continue to protect them after the effective date. The new rule makes the I-94 expiration date central to maintaining lawful status. 

The final rule does fundamentally change the F-1 system from a flexible duration-of-status model to a fixed-date model. That change will make timing, travel, extension filings, OPT/STEM OPT planning, and school-transfer decisions more complicated.  

International students should review their documents now and seek guidance with one of our expert immigration attorneys before making any major academic, travel, employment, or immigration decision. 

If you have any additional questions, do not hesitate to contact our office at (312) 427-6163 or schedule a consultation online. 

Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. Every student’s immigration situation depends on individual facts, including the student’s status history, I-20, I-94, travel history, employment authorization, and future plans. If you have questions about how the new F-1 rule may affect you, please contact our office to schedule a consultation with an experienced immigration attorney.