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Duration of Status Rule

Important Notice: Major Changes to F-1 Visa Stay Rules (Duration of Status)

Effective September 15, 2026, the U.S. government has officially eliminated the traditional “Duration of Status” (D/S) policy for F-1 students fixed-time-period-of-admission.

Starting September 15, 2026, the F-1 visa “Duration of Status” (D/S) rule is replaced with a fixed admission period tied to the I-20 program end date (4 years maximum), and the post-graduation grace period drops from 60 to 30 days.

Changes

  • Fixed Admission: Form I-94 will show a specific Admit Until Date instead of “D/S”.
  • Program Caps: Stays are limited to the program length or a maximum of 4 years.
  • Shorter Grace Period: Post-completion departure or transfer window reduces from 60 days to 30 days.
  • Formal Extensions: Extra time requires filing an Extension of Stay application I-539 with USCIS for a fee of $420

F-1 students who timely file their Form I-765 for post-completion OPT or a STEM OPT extension on or before March 18, 2027, are exempt from filing a separate Form I-539 Extension of Stay (EOS). This temporary six-month transition provision saves eligible applicants from the extra application fee and processing delays associated with the new fixed-admission rule.

Eligibility Requirements for Exemption

To bypass the Form, I-539 requirement, students must satisfy all of the following conditions:

  • Maintain Status: You must be physically present in the U.S. in valid F-1 status.
  • Legacy I-94 Holder: You must have been admitted under the traditional “Duration of Status” (D/S) framework.
  • No Post-Rule Travel: You must not travel internationally between September 15, 2026, and your filing date. Departing and re-entering the U.S. subjects you to the new fixed-date I-94 system, stripping away this specific transition relief

Critical Deadlines & Filing Rules

  • March 18, 2027, Cutoff: This is the expiration date for the transition exemption, not a general extension of your personal OPT window. Anyone whose 90-day filing window opens after March 18, 2027, must dually file Form I-765 and Form I-539.
  • Standard Timeline Rules Still Apply: Standard USCIS rules remain strictly enforced. Post-completion OPT applications must be filed within 90 days before or 60 days after graduation date. STEM OPT applications must be filed up to 90 days before the current EAD expires.
  • Updated Form Editions: USCIS requires the mandatory 09/15/26 editions of Form I-765 (and Form I-539, if applicable). Submitting an older version will result in an immediate rejection with no grace period.

Travel Warning:

If you leave the United States before submitting your Form I-765, Customs and Border Protection (CBP) will admit you with afixed-date Form I-94 upon your return. Consequently, even if you submit your paperwork before March 18, 2027, you will lose the transition relief and beforced to dually file both forms (I-765 and I-539). Students planning Fall 2026 or Winter 2027 graduation dates are strongly advised to remain in the U.S. until their OPT application is securely filed.

Frequently Asked Questions (FAQs)

What replaces Duration of Status (D/S)?

F-1 students are admitted for a fixed time up to their program length or a maximum of four years, plus a 30-day arrival window and a reduced 30-day departure grace period (down from 60 days).

How does this affect students currently on OPT?

Individuals in the U.S. under D/S before September 15, 2026, transition smoothly through their current program end date or EAD expiration date.

Do students applying for initial OPT need an extension?

If you apply for OPT/STEM OPT prior to March 18, 2027, you retain the standard filing window and do not need to file a separate Form I-539 Extension of Stay alongside your initial application.

What happens after your EAD expires?

Once your authorized OPT or transition period ends, eligible F-1 holders receive a 30-day grace period to depart, transfer, or change status under the new regulations.

How do I know when my legal status expires?

You must log into the official CBP website and download your latest Form I-94. Your legal permission to stay in the U.S. ends on the exact “Admit Until Date” printed on that form.

What happens if my I-94 date does not match my I-20 end date?

The I-94 date is your hard deadline. If your I-94 date arrives before you finish your degree, you must apply for an extension or leave the U.S. even if your I-20 is still valid.

Can I still get an extension if I need more time to graduate?

Yes. However, extensions are no longer automatically processed by your university advisor. You must work with our office to submit a formal application to USCIS before your current I-94 expires.

Does this impact my grace period after graduation?

Yes. You now have exactly 30 days after your program end date to depart the U.S., apply for OPT, or change your education level.

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