Major Changes Coming for F-1 Students: DHS Moves to End Duration of Status

As of May 11, 2026: The final rule has been submitted to the Office of Management and Budget (OMB) for review — the last step before Federal Register publication. The rule is not yet in effect. No immediate action is required, but affected students and employers should prepare now.

Background

For over 30 years, F-1 international students, J-1 exchange visitors, and I-visa foreign media representatives have been admitted to the United States under a framework known as “Duration of Status” (D/S). Under D/S, an F-1 student’s I-94 arrival record simply reads “D/S,” meaning the student may remain in the United States for the entire length of their academic program — without a fixed expiration date, so long as they maintain valid status and make normal progress toward their degree.

On August 28, 2025, the Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) to eliminate D/S and replace it with a fixed period of stay, generally capped at four years. The proposal revives a concept from the first Trump administration that was withdrawn during the Biden Administration.

On May 5, 2026, DHS finalized its internal review and submitted the final rule to OMB’s Office of Information and Regulatory Affairs (OIRA) — the last federal checkpoint before publication and implementation.

Procedural Timeline

Date / Timeline	Milestone
Aug 28, 2025	NPRM published in Federal Register
Sep 29, 2025	Public comment period closed
Oct 2025 – Apr 2026	DHS review of public comments; final rule drafted
May 5, 2026	DHS submitted final rule to OMB/OIRA for review
Pending	OMB/OIRA completes review; final rule published in Federal Register
30–60 days after publication	Effective date — D/S eliminated for F, J, and I nonimmigrants

Once OMB clears the rule, it will be published in the Federal Register with an effective date of 30 to 60 days after publication. Based on current timing, the earliest plausible effective date is late summer or fall 2026, though further delays or modifications remain possible.

Key Changes If the Rule Is Finalized

1. Fixed Admission Period Replaces D/S

The “admit until date” on the I-94 would be replaced with a specific end date tied to the I-20 program end date, capped at a maximum of four years from admission. Students whose programs exceed four years would need to file a formal Extension of Stay (EOS) application with USCIS before their admission period expires.

2. Extension of Stay (EOS) Required

Students will need to file a formal Extension of Stay application with USCIS (the specific form will be designated in the final rule) and complete biometrics screening. Unlike the current system, where a Designated School Official (DSO) simply updates the SEVIS record, extensions would require formal government adjudication. This is expected to create significant USCIS processing backlogs.

3. Unlawful Presence Accrual

Under current rules, F, J, and I nonimmigrants only begin accruing unlawful presence upon a formal finding by USCIS or an immigration judge. Under the final rule, unlawful presence would begin accruing automatically once the fixed admission period expires — the same as other nonimmigrant categories. Overstaying beyond 180 days triggers a 3-year reentry bar; overstaying beyond one year triggers a 10-year bar.

4. Grace Period Reduced: 60 Days → 30 Days

The current 60-day post-completion grace period for F-1 students would be cut to 30 days. This is the window students have after completing their program to depart, apply for OPT, change status, or transfer schools. The reduction significantly compresses post-graduation planning timelines.

5. Restrictions on Changing Programs

• F-1 undergraduate students may not change their educational objective (major or degree level) or transfer schools during their first year, except in limited circumstances such as school closure.
• F-1 graduate students are entirely prohibited from changing programs, majors, or educational levels at any point during their studies.
• Students who complete a program in F-1 status may not pursue a subsequent F-1 program at the same or lower educational level.

Special Considerations: F-1 Students Pursuing I-140 NIW

A particular area of concern involves F-1 students who have filed, or are planning to file, an I-140 Immigrant Petition for Alien Worker under the National Interest Waiver (NIW) category. Unlike H-1B, F-1 is not a dual-intent visa category. Filing an I-140 while on F-1 does not by itself terminate F-1 status, but it does raise immigrant intent issues that can have practical consequences:

• Re-entry risk: Customs and Border Protection (CBP) officers have discretion to question immigrant intent at the port of entry. A pending I-140 can be viewed as evidence of immigrant intent, complicating re-entry for F-1 holders who travel internationally.
• Recommended sequencing: Students are generally advised to secure OPT authorization before filing an I-140 to minimize intent-related complications.
• H-1B provides the solution: Once an F-1 student transitions to H-1B status, the dual-intent doctrine applies, and the pursuit of permanent residence through an approved I-140 no longer poses a risk to nonimmigrant status or re-entry.
• STEM OPT compatibility: In practice, pending I-140 approvals have not prevented STEM OPT extension approvals, though individual circumstances vary.

Recommended Actions by Stakeholder

Stakeholder	Recommended Action
All F-1 students	Monitor DSO/university updates; identify your I-20 program end date and whether your total stay (including OPT/STEM OPT) will exceed 4 years
Students entering > 4-yr programs	Consult your DSO now about extension of stay (EOS) planning and I-539 filing requirements
F-1 students with pending I-140 NIW	Travel planning is critical — pending I-140 may raise immigrant intent questions at re-entry under stricter scrutiny
Graduate students	Be aware: the proposed rule prohibits changing programs, majors, or education levels at any point — plan academic path accordingly
Students on OPT / STEM OPT	OPT and STEM OPT are expected to count against the 4-year admission period; monitor deadlines carefully
Employers / sponsors of F-1 workers	Prepare for increased administrative burden; USCIS processing delays are expected as EOS applications surge

Looking Ahead

The submission of the final rule to OMB marks a significant step toward implementation. While the rule could still be modified during OMB review or face legal challenge after publication, affected students, institutions, and employers should treat implementation as a near-term planning assumption rather than a remote possibility.

Our immigration practice group will continue to monitor OMB review developments and publish updates upon Federal Register publication and finalization. We encourage clients to contact us to discuss individual circumstances and develop proactive planning strategies before the rule takes effect.

Contact Us

This publication is for general informational purposes only and does not constitute legal advice. The information herein may not reflect the most current legal developments and should not be relied upon as a substitute for consultation with qualified legal counsel. For questions regarding this alert or to discuss how these developments may affect your specific situation, please contact a member of our immigration practice group.

Disclaimer

This publication is for general informational purposes only and does not constitute legal advice. The information herein may not reflect the most current legal developments and should not be relied upon as a substitute for consultation with qualified legal counsel. Readers should seek professional advice tailored to their specific circumstances.