DHS Rule Eliminating 'Duration of Status' and New Academic Restrictions for F-1/J-1 Students

The rule goes into effect on September 15. Students do not need to take immediate action, but should review the OISS website and emails from the OISS as well.

Review your current I-20/DS-2019 to confirm you understand your current program end date. Contact the OISS with any questions about your document.

Moving forward, students should review their online I-94 record after each entry into the U.S. to review the AUD listed on the document.

The new rule changes the way that F-1/J-1 students are ‘admitted’, or allowed to enter, the U.S. It also changes the period of time they are eligible to remain in the U.S. Every time a student enters the U.S., an online I-94 record is generated that documents the place, visa category, and period of time a student is eligible to remain in the U.S. This document is updated with each entry into the U.S.

Previously, students were eligible to enter for "duration of status" (or "D/S"), meaning they were allowed to enter and remain in the U.S. for an unspecified period of time, so long as they maintained their full-time student status (or were pursuing Optional Practical Training, STEM OPT, or J-1 Academic Training). The I-94 record would list the period of stay as ‘D/S’. The new rule ends the ‘D/S’ policy and replaces it with "fixed periods of admission".

Under the new rule, all current and incoming international students will be transitioned to fixed "periods of stay". This will also be known as the “Admit Until Date” or AUD. Students’ new AUD will be the program end date as listed on their current I-20/DS-2019, but not to exceed a period of four years, followed by a ‘grace period’. 

The AUD will be calculated as follows:

Students in the U.S. on September 15 AND who remain in the U.S.

→ The AUD will be the current I-20/DS-2019 end date, up to a maximum of four years from the rule’s effective date, plus a ‘grace period’ 

→ The online I-94 record will continue to list “duration of status” or “D/S” as the AUD

Students Outside of the U.S. on September 15, or who TRAEVL and REENTER the U.S.

→ The AUD will be the current I-20/DS-2019 end date, up to a maximum of four years from the date of entry, plus a ‘grace period’ 

→ The online I-94 will list a specific date as the AUD

Students requiring additional time to complete their studies beyond the initial AUD must take action to extend their status by filing an Extension of Stay (EOS) application with USCIS or requesting a new AUD by exiting and re-entering the U.S with a valid visa.

The rule reduces the ‘grace period’ for F-1 students from 60 days to 30 days for any student who travels and reenters the U.S. after September 15. The ‘grace period’ for J-1 students remains 30 days.

F-1 Students in the U.S. on September 15 AND who REMAIN in the U.S.

→ Will retain a 60-day grace period upon expiration of the I-20 form

F-1 Students Outside of the U.S. on September 15, or who TRAVEL AND REENTER the U.S.

→ Will have their grace period reduced from a 60- to a 30-day grace period upon expiration of the I-20 form

Remember, students must take one of the following actions during the ‘grace period’ to maintain valid immigration status:

• Request an Extension of Stay (EOS) and new AUD by filing an I-539 application with USCIS, or travel and re-enter the U.S. with an updated I-20/DS-2019 and valid visa.

• Submit an application for OPT/STEM OPT

• Transfer a SEVIS record to another U.S. university to enroll in a new, higher degree program, if eligible

• Apply for a Change of Status to another visa category with USCIS

• Depart the U.S.

The rule places new limits on changing the program of study listed on the I-20/DS-2019.

Undergraduate Students

→ Students may not change programs 'educational objectives' during the first academic year of study in the U.S. 

Students must first complete one year of full-time study before they can:

• Change or add a second major

• Transfer a SEVIS record from Boston College to a different U.S. university

Graduate and Professional School Students

→ Students may not change 'educational objectives' at any time during their program of study, unless granted special authorization by DHS. Students must remain in the program of study listed on their immigration document as of the effective date of the rule. 

Students may not:

• Change their program of study

• Add or drop a dual-degree program

• Transfer out from Boston College to a different U.S. university before completing their current program

The rule places new limits on enrolling in additional degree programs in the U.S. Students may only enroll in new, higher degree level programs after completing the program listed on their I-20/DS-2019 form. This rule will only apply to degrees earned after September 15, 2026. We will continue to learn more as the rule is implemented about how federal agencies will define 'educational levels' for the purposes of this rule.

Undergraduate students may only enroll in a new, higher degree level upon completing a bachelor's degree.

Graduate and professional schools students may not change their program of study until completing the degree currently listed on their I-20/DS-2019 form. After completing the degree, students may not enroll in a second degree at the same, or lower, educational level. Students may only progress to a higher degree level.

Students requiring additional time to complete their studies beyond the initial AUD must take action to extend their status by filing an Extension of Stay (EOS) application with USCIS or requesting a new AUD via travel by exiting and reentering the U.S with a valid visa. Exact procedures on timing and on how to file an EOS application are still forthcoming. 

In general, students who may be eligible to file an EOS application include:

• PhD students in a program longer than four years

• Students who need additional time to complete their degree following medical or personal leaves of absence

• Students enrolling in a new, higher degree level program

• Students applying for OPT/STEM OPT

  • Note that not all students applying for OPT/STEM OPT will be required to file an EOS application. Specific transition rules will apply for Fall 2026, December 2026, and May 2027 graduates, depending on their travel history. The OISS will provide detailed OPT application guidance.

Transition rules will apply for students with an August 2026, December 2026, and certain May 2027 OPT/STEM OPT applicants. Application processes will depend on both a student’s travel history AND date of submission of their application to USCIS.  OISS will share more detailed OPT/STEM OPT application information with students in the coming weeks as well.

Students in the U.S. on September 15 AND WHO DO NOT TRAVEL PRIOR TO FILING WITH USCIS

→ If filing prior to March 18, 2027, students must submit Form I-765 ONLY to apply for OPT/STEM OPT. For these students, there will be no changes to the OPT/STEM OPT application process. 

→ If filing after March 18, 2027, students must submit both Form I-765 AND Form I-539 to apply for OPT/STEM OPT. 

Students Outside of the U.S. on September 15 OR WHO TRAVEL AND REENTER AT ANY TIME PRIOR TO FILING WITH USCIS

→ Must submit both the Form I-765 AND Form I-539 to apply for OPT/STEM OPT

The DHS Student and Exchange Visitor Program has published an initial set of Quick Facts and Frequently Asked Questions that you can review. 

Mintz has also published a guide.

A number of other policies governing F-1/J-1 international students remain unchanged. Policies that remain the same include:

• Visa stamp validity. The visa stamp in the passport remains valid until the listed expiration date. It is an entry document only, which permits a student to enter the U.S. in F-1/J-1 status and does not determine how long a student is eligible to remain in the U.S. Once the rule is in effect, a student’s AUD will determine how long they can remain in the U.S. To extend time in the U.S. beyond the AUD, students must take further action.

• Procedures to apply for or renew an F-1/J-1 visa in a U.S. Embassy will not change. 

• Documents required for entry into the U.S. in F-1/J-1 student status

• A requirement to maintain full-time enrollment status, with limits on online course enrollment

• Eligibility for on-campus employment, and limits of 20 hours/week of employment while courses are in session

• Eligibility requirements to apply for an SSN card 

• Eligibility for Curricular Practical Training (CPT) and Optional Practical Training (OPT). (However, depending on a student's travel history and graduation date, procedures to submit an OPT application to USCIS WILL change. See the tab “Transition Rules for OPT/STEM OPT Applicants” for more information.)

Examples calculating your AUD