Beginning September 15, 2026, a student admitted in F-1 status will generally receive an I-94 with an actual expiration date instead of the familiar D/S notation for duration of status. The same structural change applies to J exchange visitors and I representatives of foreign information media. The DHS final rule is more than a recordkeeping change. A fixed date determines when an extension must be filed and when unlawful presence may begin if no other authorized stay exists.
The rule remains subject to congressional review. DHS has said it will publish another Federal Register document if the September 15 effective date changes or the rule is terminated. As of August 22, the published effective date remains September 15.
What duration of status meant
Under the longstanding system, most F and J nonimmigrants were admitted for D/S rather than until a calendar date. Their authorized stay generally tracked compliance with the program shown in SEVIS and on Form I-20 or Form DS-2019, including authorized practical training and a departure period.
The new rule replaces that open-ended admission framework with a date certain on Form I-94. The program document will still matter, but it will no longer be enough to look only at the program end date.
New F and J admissions will generally be capped at four years
For admissions on or after the effective date, F and J nonimmigrants may generally be admitted through the program end date listed in SEVIS and on Form I-20 or Form DS-2019, but not for more than four years. F-2 and J-2 dependents cannot receive a period longer than the principal.
The new framework generally includes a 30-day period after the fixed program end date to depart or take another step to maintain lawful status. That is shorter than the 60-day departure period many F-1 students associate with the current system.
People already in D/S receive transition protection
An F or J nonimmigrant who is properly maintaining status on September 15, 2026 and was admitted for D/S does not automatically need a corrected I-94 or an immediate Form I-539.
The transition provision generally authorizes that person to remain through the later of an existing employment authorization expiration date or the program end date on the Form I-20 or DS-2019 that is valid on September 15. The transition cannot extend beyond four years from September 15, 2026. Existing F holders retain an additional 60-day departure period, while existing J holders retain 30 days. The regulatory outside dates are November 14, 2030 for F status and October 15, 2030 for J status.
Travel can end the D/S transition
The transition rule is not a promise that an existing D/S notation will remain controlling after international travel. A current F or J holder who leaves the United States and seeks readmission on or after September 15 may be admitted with a fixed end date under the new rules.
The traveler should retrieve the new electronic I-94 after entry and compare it with the program document. A visa expiration date, an I-20 or DS-2019 end date, and an I-94 admission date answer different questions. The I-94 controls the authorized admission period.
Long programs are not prohibited, but extensions become necessary
The four-year maximum does not require a doctoral student or another participant to finish a longer program in four years. It creates a point at which the person must obtain another period of authorized stay.
A person who needs more time may generally seek an extension from USCIS or, if otherwise eligible, depart and apply for readmission. The rule also permits extensions for a new program or a higher educational level when the existing fixed admission period does not cover it.
An extension must be filed before the fixed period expires
The usual USCIS vehicle for an extension of F, J, or I status is Form I-539. A timely extension request places the applicant in a period of authorized stay while USCIS decides the request, assuming the filing is otherwise proper and the person continues to comply with the applicable rules.
For F-1 students, the final rule treats an application filed during the new 30-day departure period as timely, but that does not mean the student may begin or continue practical training during that period. Filing before the grace period is the safer operational plan when study or employment authorization depends on continuity.
OPT adds a second filing question
Post-completion OPT and STEM OPT involve employment authorization as well as status. Under the new system, many students will need both Form I-765 for employment authorization and Form I-539 for an extension of stay, unless travel and readmission supplies the needed fixed admission period.
DHS created a temporary transition. Qualifying F-1 students admitted for D/S who timely file Form I-765 for post-completion OPT or STEM OPT on or before March 18, 2027 generally do not need a separate Form I-539 for that requested training period. A student who leaves before filing and returns with a fixed admission date may lose that particular filing simplification.
Pending applications do not make every activity lawful
A timely filed extension can protect authorized stay while the application is pending, but employment rules remain classification-specific. The final rule provides continuation rules for some on-campus employment, curricular practical training, severe-economic-hardship employment, J-1 program employment, and I media employment. Those rules use different time limits and conditions.
A receipt notice is not a general employment authorization document. Permission to remain does not automatically include permission to work.
The unlawful-presence consequence becomes more concrete
A fixed I-94 date creates a clearer line. If the admission period ends and there is no timely extension, change of status, adjustment filing, or other authorized stay, unlawful presence may begin to accrue.
The statutory three-year and ten-year inadmissibility bars are generally triggered by departure after more than 180 days or at least one year of unlawful presence, subject to statutory details and exceptions. A missed I-94 date can therefore affect later travel, visa processing, admission, or adjustment of status.
What students and exchange visitors should do now
First, confirm the status shown on the most recent I-94 and save a copy. Second, check the program end date on the current Form I-20 or DS-2019 and make sure SEVIS information is accurate. Third, identify any planned travel after September 15 because readmission may create the first fixed expiration date.
Place the I-94 end date, program end date, employment authorization date, and passport expiration on one calendar. Speak with the designated school official or responsible officer early if the program, transfer, practical training, or travel plan will extend beyond the admission period. The official CBP I-94 site is the place to retrieve the arrival record after admission.
What remains uncertain as of August 22
The final rule names September 15, 2026 as the effective date, but it is a major rule subject to congressional review. DHS expressly reserved the possibility of publishing a later document that changes the date or terminates the rule. Agencies may also issue implementation guidance for schools, sponsors, ports of entry, and USCIS adjudicators.
People affected by the rule should verify the official rulemaking docket and agency guidance again before travel or filing. This article describes the rule as published, not a prediction about whether its implementation will remain unchanged.
The practical conclusion
The end of D/S changes status maintenance from a program-based concept into a program-plus-calendar system. Current holders have meaningful transition protection, but that protection can change after travel, a new admission, a program extension, or an OPT filing.
The central habit is simple: read the newest I-94, not the old one, and act before its date passes. Zero One Legal can evaluate how a fixed admission period interacts with a person's travel, status history, and longer-term immigration plan.
For related guidance, see USCIS Can Require Online Filing Now, Naturalization After International Travel, and What Case Strategy Should Actually Mean in Immigration Law.
Official sources
This article provides general educational information and is not legal advice. Immigration rules, forms, fees, and procedures can change, and the correct analysis depends on individual facts. Reading this article or contacting Zero One Legal does not create an attorney-client relationship. No outcome is guaranteed.