The End of “Duration of Status”: What Does This Mean for International Students and Employers?
July 25, 2026The Department of Homeland Security (DHS) has proposed a significant change to how F-1 international students and J-1 exchange visitors maintain lawful status in the United States. If implemented, the proposal would replace the long-standing Duration of Status (D/S) policy with a system requiring many individuals to apply for extensions of stay through U.S. Citizenship and Immigration Services (USCIS).
What Is Duration of Status?
Currently, most F-1 students and J-1 exchange visitors are admitted for “Duration of Status,” meaning they may remain in the United States as long as they continue to meet the requirements of their academic or exchange program. Compliance is already monitored through the Student and Exchange Visitor Information System (SEVIS), which tracks enrollment, program participation, and employment authorization.
What Would Change?
Instead of remaining in the United States based on continued compliance with their program, students and exchange visitors would receive a fixed period of admission. Those needing additional time would generally have to file an extension of stay with USCIS before their authorized stay expires.
Common situations that could require an extension include:
- Degree programs that take longer than expected
- Doctoral research or dissertation work
- Optional Practical Training (OPT) or Academic Training
- School transfers
- Progression to a higher degree program
This change would shift much of the responsibility for maintaining lawful status from educational institutions to USCIS.
Why It Matters
Academic timelines often change. Research projects, graduate programs, and specialized training frequently extend beyond initial expectations. Requiring USCIS approval for these routine extensions could create additional hurdles, including:
- Filing fees and administrative costs
- Longer USCIS processing times
- Delays that may affect work authorization or academic progress
- Increased uncertainty for students and employers
For employers that recruit international graduates through OPT before sponsoring employment-based visas, additional processing requirements could complicate workforce planning and hiring.
Transition Rule
The proposed rule includes a transition provision for individuals already admitted under Duration of Status. F-1 and J-1 visa holders who are in the United States on September 15, 2026, would generally not need to immediately obtain a new, date-specific I-94. However, they would still need to apply for an extension of stay if they remain beyond the earlier of:
- The program end date listed on the Form I-20 or DS-2019 that is current on the rule’s effective date, plus a 30-day grace period; or
- Four years after the rule’s effective date (November 14, 2030), plus a 30-day grace period.
How We Can Help
Proposed immigration rule changes can have lasting consequences for students, educational institutions, and employers. Our team monitors these developments closely and can help individuals and organizations understand the potential impact, maintain compliance, and prepare for future changes.