Elimination of Duration of Status
On July 17, 2026 the final rule for the elimination of the Duration of Status (D/S) was released by the Department of Homeland Security. The rule goes into effect on September 15, 2026. The final rule modifies how periods of authorized stay are determined for F-1 and J-1 nonimmigrant categories in addition to other changes. You can find the final rule on the Federal Register’s website.
The final rule that replaced the current Duration of Status , called "Establishing a Fixed Time Period of Admission and an Extension of Stay (EOS) Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media." The final rule replaces the current duration of status with fixed time periods for the length of stay for F and J visa holders, along with a formalized process for requesting extensions, now overseen by DHS.
Below is a brief summary of the rule:
Admit Until Date (AUD) will replace Duration of Status (D/S) starting on 9/15/2026: Individuals will be admitted to the U.S. for a fixed period of time, not exceeding 4 years or the Program End Date (PED) on the I-20 or DS-2019, or whichever is shorter.
Extension Of Stay (EOS): Some Individuals may be required to apply to USCIS to extend their AUD in order to complete their program. See details in the FAQ section to learn more about how and when this may apply.
Student limitations on transferring and changes of to academic objectives: Individuals below the graduate level (undergraduate students) may transfer and change their major only after completing their first year of program. Graduate students are not eligible to change majors during their studies or to transfer to another academic program at any point during their studies.
Student matriculation from a higher degree level to a lower degree level is prohibited. Students may not enroll in the same level of an academic program upon the completion of their program, or to a lower level academic program.
Additional Resources
- Study in the States webpage: Establishing a fixed time period of admission and an extension of stay procedure Frequently Asked Question (FAQs) including Transition Period, Understanding the Admit until Date (AUD), Extension of Status, Maintaining Status, Departure Period for F Students.
What to look for?
This sample I-94 shows the "Admit Until Date". After September 15th, the I-94 will indicate a fixed date where the D/S used to be. Guidance regarding the significance of the "Admit Until Date" will be provided along with information regarding any processes to extend will be posted soon.
Current F-1 and J-1 Students
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Students admitted to the U.S. in F-1 or J-1 status prior to the effective date of the final rule (September 15, 2026) and who have maintained status do not need to file an Extension Of Stay (EOS) request.
F-1 students currently in the United States admitted under duration of status may remain in the United States without applying for an Extension Of Stay (EOS) up to the Program End Date (PED) on their I-20 or the end of their post-completion optional practical training (OPT) STEM OPT extension that is valid on the final rule’s effective date, not to exceed Nov. 14, 2030. This is four (4) years, plus a 60-day grace period.
J-1 students currently in the United States admitted under duration of status may remain in the United States without applying for an Extension Of Stay (EOS) up to the Program End Date (PED) on their DS-2019 or the end of their post-completion academic training that is valid on the final rule’s effective date, not to exceed Oct. 15, 2030. This is four (4) years, plus a 30-day grace period.
Yes, current students may continue to travel; however, if returning to the U.S. on or after Sept. 15, 2026, students may be admitted with a new fixed period of admission, which is the Program End Date (PED) on their I-20 or DS-2019 up to a maximum of four (4) years, plus a 30-day departure period for both F & J students and dependents.
Yes, we strongly recommend returning before the effective date (September 15, 2026) to retain D/S and a 60-day grace period.
Current F-1 students admitted for duration of status who have been in the United States at least 60 days when the final rule takes effect on Sept. 15, 2026, and who file a timely OPT or STEM OPT application by March 18, 2027, do not need to file a separate application for an EOS and will maintain a 60-day grace period post OPT and STEM OPT.
Current F-1students who travel before filing for post-completion OPT or STEM OPT and after the effective date of Sept. 15, 2026, may be readmitted into the United States with a fixed period of admission and will have to file both an EOS application and an application for OPT or STEM OPT.
Current F-1 students who are beneficiaries of a timely filed cap-subject H-1B petition and who are eligible for a “cap-gap” extension do not need to apply for an EOS and may remain in the United States in F-1 status until the approval of the H-1B petition or April 1 of the fiscal year for which H1-B status is being requested, whichever comes first.
Under the current rule, your OISS advisor, in conjunction with your academic college or department, can determine if there are justifiable reasons for a program extension.
Here are some examples USCIS may consider to determine if a student is eligible for an extension because a student needs more time to complete degree:
- Academic reasons related to research
- Student had a medical reason RCL
- Delays due to a natural disaster
*USCIS processing of an EOS application includes biometric collection and social media screening that may impact the outcome of your application.
If you travel after September 15th, 2026, you will be given a fixed period of stay on your I-94. You will need to file an Extension Of Stay (EOS) with your OPT application.
If you have been in the United States at least 60 days when the final rule takes effect on Sept. 15, 2026, and you file a timely OPT or STEM OPT application by March 18, 2027, you only need to apply for OPT.
If you do not travel outside the U.S., your I-94 admit until date will not change. However, the next time you re-enter the U.S., your I-94 ‘admit until’ date will be updated, not to exceed four (4) years. After re-entry, you must submit the [I-94 e-form] in UCSB Global to update your records.
The authorized period of stay for F-2 and J-2 dependents cannot exceed the duration of the principal F-1 or J-1 student’s status. If the principal F-1 or J-1 requires an extension, the dependent(s) will also need to file an I-539 (and I-539A for accompanying family members) to extend their stay accordingly.
You should be prepared to show your receipt notice from a timely filed EOS with USCIS. CBP can then either give you an admit until date that matches your previously authorized period of stay OR they can give an admit until date of your Program End Date (PED), not to exceed 4 years plus a 30-day grace period. In the latter case, your pending EOS is considered abandoned since you have a new admit-until date.
Students who depart the United States without an approved EOS application and are applying for admission with a valid I-20 or DS-2019 may be admitted for the length of time indicated by the Program End Date (PED) on their I-20 or DS-2019, not to exceed four (4) years, plus a 30-day grace period.
Current J-1 Exchange Visitors, Scholars and Professors
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No immediate action is required for current J-1 scholars (and J-2 dependents). You will keep D/S until your current DS-2019 end date, not to exceed four (4) years from September 15, 2026. However, if on or after September 15 you re-enter the U.S. after travel or apply for an Extension Of Stay (EOS) with USCIS, your new I-94 will list a fixed Admit Until Date (AUD) = authorized period of stay.
Yes, your new I-94 will list an Admit Until Date (AUD) based on your DS-2019 expiration date, not to exceed four (4) years, plus the 30-day grace period. Example: DS-2019 program expiration date is 12/31/2027. The I-94 AUD is 01/30/2028.
If the DS-2019 extension request is submitted and processed by OISS in SEVIS before September 15, 2026, the J-1 program and the period of stay for the exchange visitor (including J-2 dependents) are extended.
If the DS-2019 is extended in SEVIS on or after 9/15/26, J-1 exchange visitors and their J-2 dependents must also timely apply for an Extension Of Stay (EOS) with U.S. Citizenship and Immigration Services (USCIS). If the Extension Of Stay (EOS) is approved, a new I-94 with a fixed AUD will be attached to the USCIS approval notice.
The maximum program duration for each J-1 scholar category is not changing, and within the maximum duration for the specific category, a J-1 program can still be extended. The host departments will continue to submit DS-2019 extension requests in UCSB Global. However, the legal stay is not extended with OISS DS-2019 extension processing. With the effective final rule, J-1 exchange visitors and J-2 dependents must timely apply for an Extension Of Stay (EOS) with U.S. Citizenship and Immigration Services (USCIS) after they receive the extended DS-2019 from OISS.
a. If additional J-1 program time is needed, the host department must submit an UCSB Global DS-2019 extension request for the J-1 exchange visitor
b. OISS issues the extended DS-2019
c. J-1 exchange visitor (and their J-2 dependents) must timely file a formal Extension Of Stay (EOS) Form I-539 application with USCIS, including biometrics and in some cases an interview
d. J-1 exchange visitor pays USCIS fees for EOS
Timing is critical as the EOS will require USCIS processing. Delays in either the submission of the UCSB Global request by the host department and/or of the USCIS application by the exchange visitor can negatively affect the J exchange visitor’s ability to stay in the U.S.
A timely filed J-1 EOS application will automatically extend current J-1 program activities/employment for up to 240 days while the application is pending.
The I-94 is very important. The online I-94 arrival record is created by U.S. Customs and Border Protection officers and is an important legal document. It shows the individual’s immigration status and the granted period of admission. J-1 and J-2 exchange visitors must closely monitor their I-94 AUD after each international travel. It is the J exchange visitors’ responsibility to meet critical deadlines such as their timely departure from the U.S. or submitting a timely application for an Extension Of Stay (EOS) with USCIS.
There is no change to the existing 30-day grace period, which is available to J exchange visitors following the completion of their J-1 program. If a J-1 program/DS-2019 is shortened, the 30-day grace period starts following the early program completion date.
An overstay can negatively impact immigration status and could result in accrual of unlawful presence.
Incoming F-1 and J-1 Students
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You may be admitted with a Fixed Until Date (FUD), which is based on the length of your program of study listed on the I-20 or DS-2019, not to exceed four years, plus a 30-day grace period. Students must apply for an Extension of Stay (EOS) with U.S. Citizenship and Immigration Services (USCIS) if they need additional time to complete their program of study, begin a new program of study or to engage in OPT, STEM OPT or Academic Training (AT).
The guide below offers clarification on required documents with different end dates:
Passport: Your passport shows your country of citizenship and nationality. The expiration date must always be valid for at least six months in the future. We recommend that you maintain its validity the entire length of your program.
Visa: Your visa is your entry document. It allows you to present yourself at a port of entry (POE) to the U.S. to request admission in a particular visa classification. You may enter and exit the U.S. multiple times during the dates of validity if you have an “M” designation above the word “entries”. If there is a number, it indicates the number of times you may enter during the dates of validity in that particular visa classification. Your visa does not need to remain valid while in the U.S., and it may expire. That is not a status violation. However, once you leave the U.S., you will need to renew your visa in order to enter again.
I-20 or DS-2019 program dates: The program dates on the I-20 or DS-2019 indicate the start date of your program and the estimated end date of your program.
I-94: Shows the designated visa status upon admission to the U.S. as well as the Admit Until Date (AUD), which is the legal length of stay or the completion of program, whichever is shorter. Be sure to report your I-94 information to UCSB Global.
All incoming students must complete the mandatory OISS Check-in and Orientation. Details can be found on OISS's CALI Training page.
We strongly recommend that students enter before the final rule’s effective date of September 15, 2026. Students who are unable to arrive before September 15, 2026, should carefully review their I-94 to ensure accuracy. Check that your visa category is correct (F or J) and that your Admit Until Date (AUD) is correct (your I-20 or DS-2019 end date or four years from your program start date, whichever is shorter).
OISS will continue to update this page additional information becomes available. This page was last updated July 28, 2026.