p>If you’re in the United States on an F-1 student visa, a J-1 exchange visitor visa, or an I visa, there’s a regulatory change you need to understand right now. The Department of Homeland Security (DHS) published a final rule eliminating the Duration of Status (D/S) system, and it takes effect on September 15, 2026.
What Was “Duration of Status”?
Since 1978, international students and exchange visitors admitted to the United States received a designation on their I-94 records that simply read “D/S” – Duration of Status. It meant there was no fixed end date. As long as you remained a full-time student in an active program, you were considered to be maintaining lawful status.
No countdown. No fixed expiration. Just: keep studying, stay legal.
That system is ending.
What the new rule changes — Effective September 15, 2026
The final rule, published in the Federal Register on July 17, 2026, makes four significant changes:
1. Your I-94 will now carry a fixed expiration date. The “D/S” designation disappears. Instead, your authorized period of stay will be tied to the length of your academic program — with a maximum of four years for most undergraduate degrees.
2. Staying beyond that date requires a formal Extension of Stay filed with USCIS. Previously, a program extension issued by your university through SEVIS was generally sufficient. Under the new rule, if you need more time to complete your program, you must file an Extension of Stay (EOS) directly with U.S. Citizenship and Immigration Services (USCIS). This process includes biometric vetting, background checks, and fraud screening — oversight that was previously not required.
3. The post-completion grace period drops from 60 to 30 days. After your program ends, you have a window to depart the country, transfer to another school, change your status, or begin OPT. That window is being cut in half, from 60 days to 30.
4. Unlawful presence begins accruing automatically on the fixed end date. Under the old D/S system, the rules around when unlawful presence began to accrue were more complex. Under the new rule, once your authorized stay expires without a valid extension, unlawful presence begins counting automatically, no formal government finding required. Accruing unlawful presence can trigger 3-year or 10-year bars from re-entering the United States.
What about OPT, STEM OPT, and CPT?
These programs still exist. OPT, STEM OPT, and CPT remain available and the new rule does not eliminate them.
However, depending on when your I-94 expires relative to when your OPT begins, you may need to file an Extension of Stay alongside, or in advance of, your OPT application. The specifics depend on your individual timeline, so coordinating with your Designated School Official (DSO) and, where needed, an immigration attorney, is important.
The practical takeaway: Your I-94 is now the document that matters most
Under the old system, most international students focused on keeping their I-20 current and maintaining full-time enrollment. The I-94 said “D/S” and rarely required attention.
That changes entirely in September 2026. Your I-94 becomes the critical document governing your lawful stay. Going forward, you need to:
- Know exactly when your I-94 expires
- File your EOS before that date if your program is still ongoing
- Coordinate with your DSO to understand how the new timeline affects your academic plan
- Not assume that being enrolled full-time keeps you in lawful status — it no longer will
You can check your current I-94 record at any time on the CBP website: www.cbp.gov/i94.
Why this matters more than it might seem
The D/S system worked as a built-in safety margin for students for nearly 50 years. As long as you were studying, you were covered. That margin is now gone, replaced by a hard deadline with automatic consequences.
Unlawful presence is not a minor technical issue. Accruing 180 days can trigger a 3-year bar from re-entering the United States. Accruing more than one year can trigger a 10-year bar. And under the new rule, this can happen without any formal notice, simply by remaining past the expiration date on your I-94.
This is precisely the kind of change where an avoidable mistake has consequences that last years.
Conclusion
The rule is new. The effective date — September 15, 2026 — is close. And the consequences of missing the deadline are serious. If you hold an F-1, J-1, or I visa, or if you’re planning to study in the United States, this is the moment to understand exactly when your authorized stay ends, and what steps to take before it does.
Have questions about how this change affects your specific situation? Contact our team for an initial assessment.
Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Each immigration case is unique and requires individual analysis by a qualified attorney. The impact of this rule may vary depending on your specific program, visa history, and circumstances. For an evaluation of your specific situation, contact Kravitz & Guerra Law Offices.