A Week Out: The End of "Duration of Status" for F-1 Students - What to Know Before September 15, 2026

As a result of the U.S. Department of Homeland Security's July 17, 2026 rule, next week, on September 15, 2026, one of the most basic features of student status in the U.S. changes. A Department of Homeland Security (DHS) rule ends "duration of status" or "D/S" for F, J, and I nonimmigrants and replaces it with a fixed period of admission. For students who are already in the U.S. and maintaining status, the immediate news is reassuring, a transition period baked into the rule protects you. With that, the rule reshapes how you, as an international student, should think about travel, deadlines, and unlawful presence. The final rule imposed by the DHS is being challenged in court, but as of the date of this posting it is still set to take effect. This article focuses solely on the impact of the rule on F-1 students, although the rule impacts J-1 exchange visitors and I foreign media representatives, and dependent family members.

Here is what current F-1 students should understand with the implementation of this rule.

What is "duration of status" or "D/S," and what changes.

For decades, F-1 students have been admitted for "duration of status," often shown as "D/S" on their Form I-94 (arrival/departure record issued by U.S. Customs and Border Protection), meaning that there is not a fixed "Admit Until Date" (AUD) on an F-1's admission on their I-94 Card. As long as an F-1 student pursued a full course of study and otherwise maintained status, they remained in lawful status, and their Form I-20 program end date served as a target end date rather than a hard deadline on their I-94. This new rule ends that framework.

Starting next week on September 15, 2026, F-1 students will be admitted into the U.S. until a specific AUD on their I-94 Card, which is tied to the program end date listed on their Form I-20, or the expiration date of an OPT EAD/STEM OPT EAD Card, plus a 30-day grace period, and not to exceed four years. Students who need more time must either file an application to extend their stay with the U.S. Citizenship and Immigration Services (USCIS) or depart the U.S. and be readmitted with a new AUD on their I-94 Card. The key point is that D/S will be phased out.

If you are already here in F-1 status: the transition rule protects you.

A key aspect of the rule is the implementation of a transition period for current F-1 students. Their I-94 Cards will not be updated overnight with fixed AUDs. If an F-1 student was admitted in "duration of status," meaning their most recent I-94 Card lists "D/S," before 09/15/2026 and the F-1 student is properly maintaining F-1 status on that date, a transition provision in the rule lets the F-1 student remain in the U.S. until the program end date on their most recent Form I-20 (or EAD end date, whichever is later), up to a maximum of four years from the rule's effective date, plus a 60-day grace period. The F-1 student does not need to file Form I-539 with USCIS just to benefit from this transition. This is worth a close review and a discussion with the F-1 student's Designated School Official (DSO).

F-1 students who should take action are those whose educational programs/plans will run beyond their current I-20 end date, who are changing or adding a program, or who have fallen out of status, and those situations call for individualized planning.

The international travel trap: the single most important thing to watch.

If there is one important takeaway for current F-1 students, it is this. The transition protection is tied to remaining in the U.S. If an F-1 student leaves the U.S. after 09/15/2026 and later returns, they will be readmitted under the new rules by CBP, with a fixed AUD on their I-94 Card and a shorter 30-day grace period rather than the 60-day grace period they would otherwise have kept. Simply put, a trip abroad will kick you out of the transition period to the new, strict framework of the rule. This does not imply that you can never travel internationally, but it means planning ahead, and for some students returning before 09/15/2026, or postponing a trip. Anyone with a pending application, such as OPT, or an approaching deadline should be especially careful, because travel can also affect how those filings are treated. This is where a discussion should be had with your university DSO, or a knowledgeable attorney.

Unlawful presence under the new rule and the reentry bars.

With the new rule, students must be mindful of their AUD, program end date on their I-20s, or OPT/STEM EAD expiration dates. The change with greatest risk is how the rule interacts with "unlawful presence." Under the old "duration-of-status" framework, a student who stayed past their program end date generally did not begin accruing unlawful presence unless and until an immigration officer formally found a status violation while adjudicating some later application, or an immigration judge found one. That gave students a significant safeguard. Under the new rule, once an F-1 student has been admitted to a fixed date (AUD), remaining in the U.S. past that date, or past the denial of an extension, can start the unlawful-presence clock.

Unlawful presence has significant consequences. After accruing more than 180 days of unlawful presence, followed by a departure from the U.S., a three-year bar to re-entry to the U.S. is generally triggered. After accruing more than a year of unlawful presence followed by a departure will generally trigger a ten-year bar. This is detrimental if an F-1 student plans to pursue a long-term stay here in the U.S.

It is unsettled how unlawful presence will be counted during the transition period, and DHS guidance is still expected, so it is imperative to track dates conservatively and get individualized advice from a university DSO, or knowledgeable attorney, for a detailed analysis.

Extensions of stay now run through filing a Form I-539 with USCIS.

Because admission is now dated, a student who needs more time may have to file Form I-539, Application to Extend/Change Nonimmigrant Status, with the USCIS before their AUD or OPT expiration date. It is important to file early, as a timely-filed extension will generally keep an F-1 student in a period of authorized stay while it is pending, so you do not accrue unlawful presence during the wait. These filings carry a government filing fee and often a biometrics appointment, so advanced preparation matters.

OPT, STEM OPT, and the H-1B cap-gap are largely preserved.

There is good news under the new rule for students on or heading towards obtaining work authorization. DHS has stated that the rule does not remove the automatic H-1B cap-gap extension that bridges the gap between the end of F-1 status and the general October 1 start of H-1B employment, and it does not get rid of OPT or STEM OPT. As a note, under the H-1B Modernization Rule, an F-1 student with a timely-filed cap-subject H-1B change-of-status petition receives an automatic extension of F-1 status, and of OPT/STEM OPT work authorization where applicable, known as cap-gap, up until April 1 of the fiscal year for which the H-1B petition was filed, or the start date of the approved H-1B petition, whichever comes first.

Under the new rule there are a couple of key points for those with already pending OPT or STEM OPT applications. If you already have a timely-filed OPT or STEM OPT application pending as of 09/15/2026, you may generally remain in the U.S. while it is decided, without filing a separate extension of stay (Form I-539), as long as you are otherwise maintaining status. Second, students applying for OPT or STEM OPT are relieved from the new Form I-539 extension requirement for a window that runs into 2027, so many students graduating in the coming terms who file their work-authorization application on time can avoid the extra extension filing.

The practical takeaway is that if you are eligible to apply for OPT or STEM OPT, doing so as early as you properly can is worth looking into, both to lock in the benefit and to reduce the paperwork and government filing fees you would otherwise face. Keeping in mind that departure from the U.S. could impact your status and you may lose the benefit of the transition period. Again, this is worth discussing with your university DSO or a knowledgeable attorney.

As of the date of this posting, the rule is being challenged in court.

A coalition of higher-education and labor organizations has sued in federal court to block the rule, arguing among other things that it was not properly adopted and that it will cause serious harm to students and institutions. On 09/03/2026, oral arguments on a request to pause the rule have taken place, and a decision has not been made. As this rule will take effect next week, the legal challenges being raised could change the landscape either shortly before next week or after. It is best for F-1 students to plan as if the rule will take effect next week, while keeping an eye on any updates.

Practical takeaway: What to do now.

For F-1 students it is important to know your Form I-20 program end date, or OPT or STEM OPT end dates, and understand your grace period (either 60 or 30 days), as well as whether you are subject to the transition period under the rule. If you are eligible to apply for OPT or STEM OPT, consider filing as early as you properly can. Think carefully before any international travel around or after the effective date, and get advice first if you have a pending case or an approaching deadline.