FAQs: Elimination of Duration of Status Rules (Effective Sept. 15, 2026)
This page compiles advice regarding the new ruling that eliminates the duration of status rules that goes into effect on Sept. 15, 2026.
How is Duration of Status (D/S) changing on September 15, 2026?
Beginning Sept. 15, 2026, F and J students and scholars will no longer be admitted for "duration of status" (D/S). Instead, students, scholars and their dependents will be admitted for a fixed period of admission and given an "Admit Until Date" (AUD) on their I-94 tied to the Program End Date on the Form I‑20/DS-2019, up to a maximum of four years, plus a 30‑day departure period.
Students and scholars who are in the U.S. on Sept. 15 and remain in the U.S. would retain their 60-day grace period; however if they travel outside the U.S., they would be re-admitted for a fixed period of admission and a 30-day grace period.
Additionally, the regulations restrict academic mobility, limiting when or whether students may change programs or majors and requiring F/J students and scholars to request extensions of stay from USCIS, with application form and fees.
Can I change my educational level after the new rule takes effect?
It depends on your level of study:
Below graduate level (e.g., associate's or bachelor's programs):
- You cannot change educational levels during your first academic year in F-1 status unless SEVP approves an exception for extenuating circumstances. Otherwise, undergraduate students may change programs or majors during their program of study and after completion of their program, may pursue a higher level of study.
Graduate level or above (master's, doctoral, professional programs):
- You cannot change educational levels at any point during your program. Graduate students may pursue a higher level of study after they have completed one level.
After completing your program:
You are not allowed to:
- Change to a lower educational level (e.g., master's → bachelor's)
- Change to a program at the same level (e.g., master's → master's)
Can I change my major?
Below graduate level (undergraduate students):
- You cannot change your major during your first academic year in F-1 status, unless SEVP approves an exception.
Graduate level or above:
- You cannot change your major at any time during your program.
Can I change to a different version of my graduate degree program (for example to or from the Applied or Advanced degree)? Can I change graduate programs as long as the CIP code is the same?
While implementation guidance may clarify these questions, at this time, it appears that after Sept. 15, 2026, a graduate student cannot change from one program to another, during the program, even if the CIP code is the same or the degree is similar.
It is still unclear whether someone may leave the U.S., before they complete a degree, and return to the U.S. in a different program.
Can I work on a Master’s degree while I’m pursuing a Doctoral degree?
In the preamble to the new rule, DHS indicates that a master's degree may be completed along the way to earning a doctorate. Since most doctoral students will need to extend their stay, students should be careful that the master's degree does not cause a delay in completing the doctoral degree.
If I’m pursuing a Doctoral degree, can I stop at Master's?
If you have earned a Master's degree, Carnegie Mellon will award the degree. Since this rule prohibits downward matriculation, however, OIE will not be able to issue a Master's level I-20 or recommend master's-level OPT.
Can I transfer to another school?
Below graduate level:
- You cannot transfer during your first academic year in F-1 status and must complete the first year at the school that issued your initial I‑20, unless SEVP approves an exception.
Graduate level or above:
- You cannot transfer at any point during your program unless SEVP approves an exception.
How long do I have to depart the U.S. after my program or OPT ends?
Effective Sept. 15, 2026, the departure period, also known as the grace period, is 30 days reduced from the previous 60 days for F participants.
This applies after:
- Completion of your academic program
- Completion of post‑completion OPT or Academic Training
- Completion of STEM OPT extension
Note: F-1 students who are in the U.S. on Sept. 15 and remain in the U.S. would retain their 60-day grace period until Nov. 14, 2030, however if they travel outside the U.S., they would be re-admitted for a fixed period of admission and a 30-day grace period.
Transition Rules for F-1 Students Already in the U.S. on September 15, 2026
I am an F‑1 student in the U.S. on Sept. 15, 2026. How long may I stay?
If you were admitted under duration of status (D/S), are in the U.S. on the rule’s effective date and do not travel internationally, you may stay without filing an extension of stay (EOS) until:
- The Program End Date on your I‑20 plus a 60 day grace period OR
- The end of your post‑completion OPT or STEM OPT that is valid on Sept. 15, 2026, plus a 60 day grace period.
For those who do not travel internationally, the transition period ends Nov. 14, 2030.
If you need to stay past your current I-20 end date—for a new program or additional time in your current program, —you must apply for an EOS or depart and reenter to receive a new fixed period of admission. If you apply for OPT or STEM OPT after March 18, 2027, you would also need to apply for an EOS in addition to the OPT application.
What happens if I travel outside the U.S. after Sept. 15, 2026?
When you return, you will be admitted with a new fixed period of admission, and will be given an I-94 with an "Admit Until Date" or "AUD," based on the Program End Date on your I‑20, up to four years + 30‑day departure period.
What if I am within 60 days of program completion on Sept. 15, 2026 and have filed for OPT or STEM OPT?
If you:
- Are present in the U.S. on Sept. 15, 2026, and
- Are within 60 days of completing your program, and
- File for post‑completion OPT or STEM OPT before the end of your 60-day grace period (no later than March 18, 2027)
You do not need to file a separate EOS.
What if I travel before filing for OPT or STEM OPT?
If you leave the U.S. and return with a fixed period of admission, you must file both:
- An extension of stay (EOS), and
- Your OPT or STEM OPT application
What if I am eligible for the H‑1B cap‑gap extension?
If you are the beneficiary of a timely filed cap‑subject H‑1B petition, you do not need to apply for an EOS. You may remain in the U.S. in F‑1 status until:
- Your H‑1B petition is approved, or
- April 1 of the fiscal year requested
Whichever comes first.
Transition Rules for J-1 Students/Scholars Already in the U.S. on Sept. 15, 2026
I am a J-1 student or scholars in the U.S. on Sept. 15, 2026. How long may I stay?
If you were admitted under duration of status (D/S), are in the U.S. on the rule’s effective date and do not travel internationally, you may stay without filing an extension of stay (EOS) until:
- The Program End Date on your DS-2019 plus a 30 day grace period OR
- The end of your Academic Training that is valid on September 15, 2026, plus a 30 day.
For those who do not travel internationally, the transition period ends Oct. 15, 2030.
If you do depart the U.S. after Sept. 15, 2026, you will be readmitted for a fixed period of admission and given an "Admit Until Date" (AUD) on you I-94 tied to the Program End Date on the DS-2019, up to a maximum of four years, plus a 30‑day departure period.
If you need to stay past your current DS-2019 end date—to transfer to a new J program or for additional time in your current program, you must apply for an EOS or depart and reenter to receive a new fixed period of admission. If you apply for Academic Training, would also need to apply for an EOS in addition to the OPT application.