DHS Finalizes Rule Ending “Duration of Status” for International Students and Exchange Visitors

By: CJ Neely
Thursday, July 30, 2026
The Department of Homeland Security (DHS) has finalized a rule eliminating the longstanding "duration of status" (D/S) policy for F-1 students, J-1 exchange visitors, and certain I nonimmigrants, effective September 15, 2026. The final rule closely tracks the proposed version. Individuals will now be admitted for a fixed period of up to four years, rather than for the duration of their approved program.

Most PhD students and many postdoctoral researchers will be affected by the four-year cap, since doctoral programs and postdoctoral appointments commonly run longer. Anyone in that position will need to file an extension of stay with U.S. Citizenship and Immigration Services (USCIS), a filing step that did not exist under D/S. Academic delays such as probation or suspension will not qualify as acceptable grounds for an extension. Applicants who file before their admission period expires will get an automatic extension while USCIS reviews the case, though the added cost and paperwork burden remain.

Program changes are more restricted once enrolled. Undergraduate students must complete their first academic year at the school that issued their I-20 before transferring. Students can only move up to the next degree level, not remain at the same level or step down. PhD candidates cannot change research focus or transfer institutions mid-program without authorization from DHS's Student and Exchange Visitor Program (SEVP), a noteworthy limitation given how often doctoral projects shift direction or move labs.

Departure and grace periods are also shorter. The F-1 post-completion grace period drops from 60 to 30 days; students who finish early must leave within 30 days, and those who withdraw have only 15. OPT applicants, including those on STEM OPT, get a six-month buffer after the effective date before they too must file for an extension of stay. Current D/S holders receive a four-year transition period before the fixed-date requirement applies to them.

FASEB opposed the proposed rule when it was first put forward, expressing concern that it would increase administrative burden for research institutions, create uncertainty for international students and postdoctoral researchers, and make it more difficult for the U.S. biomedical research enterprise to recruit and retain international scientific talent. 

Institutions should begin tracking individual fixed admission end dates for their F-1/J-1 population now, since this requires active monitoring that duration of status did not. Advisors should encourage anyone approaching that date to file for an extension of stay well in advance, since a timely filing triggers an automatic extension while USCIS reviews it.