Elimination of Duration of Status & New Academic Mobility Restrictions

On July 17, 2026, the U.S. Department of Homeland Security (DHS) published a final rule in the Federal Registry establishing a fixed period of admission for F and J visa holders and imposing several restrictions on academic mobility. The rule will go into effect on September 15, 2026.

We will continue to expand the information on this page, including updates as new guidance on the rule's implementation is provided by different government agencies, so please check back often.

Elimination of Duration of Status

Previously, F and J nonimmigrants were admitted for "Duration of Status" (D/S), allowing them to remain in the U.S. as long as they maintained their status and a valid, unexpired I-20/DS-2019. Under the new rule, effective September 15, 2026, all F and J nonimmigrants will be granted a fixed Admit Until Date (AUD) on any updated I-94 record.

First, let's define some key terminology.

Key Terms and Documents

Visa vs. Status

The visa in your passport, issued by the U.S. Department of State (DOS), is a travel document allowing a nonimmigrant to seek entry to the United States. While it is important that the visa is issued for the correct visa category matching the immigration status you are seeking, the visa does not directly impact the validity of your status. The visa must be valid at the time you enter the United States.

Canadian citizens are exempt from the visa requirement.

Immigration Status & I-94

The I-94 record is the official document that confirms your immigration status in the United States. The U.S. Department of Homeland Security (DHS) is the only agency that can grant status and issue I-94 records through either the U.S. Citizenship and Immigration Services (USCIS) or Customs and Border Protection (CBP).

USCIS issues I-94 records as part of Form I-797A when it approves a change of status or an extension of stay inside the U.S.

CBP issues I-94 records when a nonimmigrant enters the U.S. through a Port of Entry.

F and J visa holders have traditionally been issued an I-94 for "Duration of Status" (D/S), and have been able to stay in the U.S. for as long as they maintain their status and hold a valid I-20/DS-2019 issued by their academic institution.

Under the new rule, effective September 15, 2026, all new I-94 records will be issued for a fixed period of stay with a specific Admit Until Date (AUD). This date reflects the expiration of F-1 and J-1 status and must be officially extended by DHS if more time is required to complete the academic program.

I-20/DS-2019

The I-20 (for F visa holders) and DS-2019 (for J visa holders) are the immigration documents issued by OISS that specify the details of your academic program.

Please note that the end date on your I-20/DS-2019 may not always match the AUD on your I-94 record. Moving forward, it is crucial to pay close attention to the expiration dates of both the I-20/DS-2019 and the I-94, as approaching either end date may require action.

If you complete your program earlier than intended and your I-20/DS-2019 is shortened, you will have a 30-day grace period based on the new program end date, even if your I-94 record lists a later AUD.

Admit Until Date and Status Expiration

Under the new rule, F and J nonimmigrants will be granted status until the program end date listed on their I-20/DS-2019 or the expiration date of their OPT/STEM OPT EAD card, or for 4 years, whichever is shorter.

It is important to note that this does not mean that you must graduate in 4 years!

For example, many doctoral programs take longer than 4 years to complete. The new rule does not restrict a student to only 4 years of study, but it does limit the length of status granted at a time and requires DHS to grant an extension if additional time in status is needed.

Summary of Changes

Fixed Period of Admission

Effective September 15, 2026, DHS will issue all I-94 records for F and J visa holders with a fixed Admit Until Date (AUD) instead of D/S. This date reflects the expiration of F-1 and J-1 status and must be officially extended by DHS if more time is required to complete the academic program.

The AUD is based on the expiration date of the I-20/DS-2019 (or the OPT/STEM OPT EAD), but may not exceed 4 years, plus a 30-day grace period.

Extension Requirements & Options

Under the new rule, the I-20/DS-2019 and the I-94 record track different things. The I-20/DS-2019 reflects the dates of your academic program, and the I-94 record reflects the length of time you have been granted in F or J status. Depending on your situation, you may need to extend one or both of these documents if you require additional time in the U.S.

Extension of Stay

Individuals whose I-94 record AUD expires before they have completed their academic program (including any Post-Completion OPT/STEM OPT for F-1 students) must be granted an extension by DHS.

DHS offers two options for extending the I-94 and period of admission:
1) Extension of Stay filed through USCIS
2) Travel and reentry through CBP inspection

At this time, we do not yet know all the specific pros and cons associated with either approach. OISS will provide additional information and guidance for both options when available.

Extension of Academic Program

If you require additional time to complete your academic program beyond the end date of your I-20/DS-2019, you must submit an I-20/DS-2019 extension request to OISS before pursuing the EOS with DHS.

Student Academic Extension Process: https://oiss.rice.edu/extension
J-1 Scholar Academic Extension Process: https://oiss.rice.edu/jscholar

Once you have received your updated I-20 or DS-2019, you must either secure an Extension of Stay from USCIS or travel to obtain an updated AUD from CBP.

More information to come on the extension procedures!

Changes to F-1 Grace Period & OPT Timeline

The rule shortens the F-1 grace period from 60 to 30 days, aligning it with the grace period available for J visa holders.

This change to the grace period also impacts the timeline for OPT applications. F-1 students are required to submit their OPT application to USCIS by the end of their grace period. This means that under the new rule, students have a shorter window to file for OPT, as USCIS must receive the OPT application within 30 days of the program end date.

In addition, if the student's current AUD does not cover the full duration of the requested OPT, the student should file an Extension of Stay (EOS) application concurrently with the OPT application. See the section regarding transition provisions for possible exceptions to this requirement.

Impact on Dependents

F-2 and J-2 dependents are subject to the same change to a fixed AUD. Their AUD in their I-94 record should generally match the AUD of the F-1/J-1 visa holder, but if the dependent travels separately from the principal visa holder, the AUDs may differ.

Families with F-2/J-2 dependents must carefully monitor AUDs for all individuals and keep in mind that, regardless of what is listed on the I-94, a dependent's AUD and status cannot exceed that of the F-1/J-1 visa holder.

Typically, when necessary, an Extension of Stay (EOS) application can be filed concurrently for all family members together with the principal F-1/J-1 visa holder.

Transition for Individuals in the U.S. with D/S

F and J visa holders who are in the U.S. with an I-94 listing D/S are eligible for certain transition provisions. Please note that if you travel internationally after September 15, 2026, you will receive an I-94 with a fixed AUD upon re-entry to the U.S., and the transition provisions will no longer apply.

Status End Date

Individuals in the U.S. on September 15, 2026, with D/S I-94 records may remain until the end date of the I-20/DS-2019 they have at that time, plus an additional 60-day grace period.

Before the effective date of the rule, it is important that you review your I-20/DS-2019 to ensure that your program information and dates are accurate.

If you believe you will be able to complete your program by your current end date, no action is required from you at this time. However, if you require additional time to complete your program, please work with your department and submit an extension request to OISS as soon as possible and no later than August 31, 2026.

It is likely that extensions processed during this time, before the final rule goes into effect, may face additional scrutiny if you later apply for a future immigration benefit through USCIS. Therefore, it is essential that any extension request submitted to OISS meets the strict academic requirements for extension eligibility. You should not pursue an extension "just in case," but only if it is necessary for a compelling academic reason.

Student Academic Extension Process: https://oiss.rice.edu/extension
J-1 Scholar Academic Extension Process: https://oiss.rice.edu/jscholar

Grace Period

F-1 students who are in the U.S. on September 15, 2026, with D/S I-94 records retain the 60-day grace period. Please note that if you travel internationally after September 15, 2026, you will receive an I-94 with a fixed AUD upon re-entry to the U.S., and your grace period will be reduced to 30 days.

The J-1 grace period is not impacted by the new rule and remains at 30 days.

OPT Applications

F-1 students who are in the U.S. on September 15, 2026, with D/S I-94 records retain the 60-day grace period and may still apply for OPT within 60 days of completing their degree program. Please note that if you travel internationally after September 15, 2026, you will receive an I-94 with a fixed AUD upon re-entry to the U.S., and your grace period and OPT application window will be reduced to 30 days from your program end date.

In addition, students with D/S I-94 records who are able to file their OPT or STEM OPT applications with USCIS on or before March 18, 2027, do not need to file an Extension of Stay (EOS) application concurrently with the I-765.

Students who become eligible to file their OPT/STEM OPT after March 18, 2027, will no longer benefit from this transition provision and will require an Extension of Stay in order to use OPT/STEM OPT.

Academic Mobility Restrictions

In addition to eliminating Duration of Status, the final rule also imposes several restrictions on academic mobility. Specifically, the restrictions apply to eligibility for transferring or changing a major or educational level. These restrictions differ for undergraduate and graduate students.

Undergraduate Students

Effective September 15, 2026, undergraduate students may not take the following actions within their first academic year in F-1 status:

  • transfer to another school
  • change majors
  • change educational level

These changes become available for undergraduate students after they have completed the first academic year in F-1 status.

In addition, after completing a degree in the United States, an F-1 student may not enroll in another program at the same or lower educational level. This restriction does not apply to degrees completed prior to the final rule's effective date of September 15, 2026.

Graduate Students

Effective September 15, 2026, graduate students may not take the following actions at any point during their academic program:

  • transfer to another school
  • change majors/degree programs
  • change educational levels

In addition, after completing a degree in the United States, an F-1 student may not enroll in another program at the same or lower educational level. This restriction does not apply to degrees completed prior to the final rule's effective date of September 15, 2026.

It seems that graduate students may be eligible to transfer to another school after completing their degree program to pursue a new, higher degree, but OISS is awaiting clarification on this aspect of the rule.

PhD Students & Transition to Terminal Masters

Under the final rule, PhD students who no longer wish to complete their doctoral studies and prefer to leave Rice with a conferred Master's degree may continue to do so. However, while Rice may confer the academic Master's degree, OISS cannot update the educational level on the F-1 SEVIS record. This means that a PhD student wanting to "Master out," will no longer be eligible to apply for OPT based on the completed Master's degree. Instead, the F-1 SEVIS record for the PhD program will be closed for "Authorized Early Withdrawal," providing the student a 15-day grace period to depart the United States.

Additional Resources

Stay tuned for announcements regarding upcoming webinars hosted by OISS and OGC!