The final Duration of Status rule was published Friday, July 17, 2026, and will become effective September 15, 2026, unless litigation or a Congressional review occurs.
The new rule eliminates 'duration of status' (D/S) for F and J nonimmigrants. This includes students in F or J status and graduated students with OPT or STEM OPT authorization.
The previous D/S policy is replaced with a defined period of stay of no more than four years, plus a 30-day grace period. If additional time is needed to complete program requirements, students and scholars will be required to apply to US Citizenship & Immigration Services (USCIS) for an Extension of Stay (EOS). The rule also introduces several other new requirements, such as restrictions on changes in major, level of study and transfers during the first year.
The PDSO is actively reviewing the final rule and will communicate changes and implications to the community as soon as possible.
What is 'Duration of Status'?
When an international student or scholar arrives to the U.S., they are cleared for entry by a Customs & Border Protection (CBP) officer at the port of entry. The CBP officer issues documentation stating how long the student or scholar may remain legally in the U.S. Since the early 1990's, CBP has admitted students and scholars in F-1 or J-1 status for a period known as 'duration of status' (D/S). Unlike most other nonimmigrants who are admitted with an exact date of expiration of legal immigration status, D/S allowed students and scholars to remain in the country as long as they were making normal progress towards completing their academic or research objectives. The new rule eliminates D/S and replaces it with a system that admits students and scholars for a specific period of time, with an exact end date to coincide with the program end date noted on their Form I-20 or DS-2019, not to exceed four years.
Brief Summary of Changes
- Fixed-date admissions to the U.S. - Students and scholars seeking F-1 or J-1 status on or after September 15, 2026 will be admitted to the U.S. for a period of no more than four years. If their program length exceeds their initial period of admission, they will be required to apply to USCIS for an extension of status. Their period of stay will be limited to the end date on their immigration document (Form I-20 or DS-2019). Students and scholars already in the U.S. on September 15, 2026 will be transitioned to a fixed date of admission, which will be the current program end date on the Form I-20, Form DS-2019 or EAD, plus a grace period of 60 (F) or 30 (J) days, not to exceed four years from the date the final rule is effective (September 15, 2026).
- Formal I-539 extension of stay process with USCIS - Individuals in F or J status who require more than the initial or current admission period to complete program requirements will need to apply to USCIS for an extension of their status, using Form I-539. Extensions will also be needed when advancing educational levels and when applying for OPT and STEM OPT. This form can be filed online and does include a filing fee. The online filing fee as of July 2026 is $420 per applicant. The paper filing fee is $470 and can include dependents. Some individuals may wish to work with an attorney on this filing, as it is considered a personal application and staff at SUNY Morrisville may be limited in the level of guidance they can provide.
- Cap on ESL duration of admission - English language training will be limited to 24 months, plus a 30-day grace period.
- Restrictions on transfers - Undergraduate students are not permitted to transfer to a new school until after one full academic year at the school whose I-20 they used to enter the U.S. Graduate students are completely barred from transferring to a new institution at all.
- Restrictions on changes to 'educational objectives' - Undergraduate students are not permitted to change their major until after one full academic year at the school whose I-20 they used to enter the U.S. Graduate students are completely barred from changing majors at all.
- Prohibition on lateral or reverse matriculation - F-1 students who complete a program at one education level are barred from pursuing another program at the same education level or lower education level.
The rule also outlines new standards for extension eligibility, expands USCIS discretion and revises related employment authorization and dependent rules.
External Resources
Elimination of Duration of Status Quick Facts | Study in the States
Elimination of Duration of Status Frequently Asked Questions | Study in the States