Labor & Employment Developments Blog

On Friday, July 17, 2026, the Department of Homeland Security (DHS) published in the Federal Register a Final Rule detailing sweeping new requirements for students who wish to maintain their status in the US. Instead of Duration of Status (D/S), DHS will now grant students a period of admission with a fixed end-date to match a student’s I-20, no more than a 4-year period. This will require students to file for extensions of status when a program takes longer than initially intended, when changing to a new program, and when completing practical training associated with their degree program.

Background

In 1979, the legacy Immigration and Naturalization Service (INS) began granting students periods of admission for Duration of Status, or D/S. Since 2015, the Student and Exchange Visitor Program (SEVP) has issued the modern version of Forms I-20 to students to reflect updates to their period of admission. Students must request updated Forms I-20 from their school to ensure maintenance of their student status at all times.

Prior to the Final Rule, students were not required to separately file to extend their student status with USCIS, as their visas and associated I-94 records were issued for “Duration of Status”. “Duration of Status” meant that a student was admitted for the duration of their program of study plus any authorized practical training, as reflected by their I-20 and any Employment Authorization Document (EAD) issued for practical training related to their program of study.

DHS Final Rule

The DHS Final Rule, as published in the Federal Register, makes notable changes to the maintenance of student status:

• DHS will no longer grant students periods of admission for Duration of Status or D/S and will instead grant periods of admission as listed on related I-94s for a fixed date to match the original I-20 end-date, which in no case will be longer than 4 years;
• Students who have completed a course of study may only enroll in a higher educational level. E.g., Foreign national students may not complete a second bachelor’s degree, a second master’s degree, etc.
• Students seeking to transfer schools while enrolled in an undergraduate program can only do so after completing one year of study at the school listed on their original I-20 form;
• Students generally may not transfer schools or change their educational program while enrolled in a graduate degree program; and
• DHS will decrease the “grace period” for F-1 students who withdraw from or complete their course of study from 60 to 30 days.

Effective Date of Rule

The Final Rule makes substantive changes to existing regulations and can therefore only become effective upon review by Congress. Pending congressional review, the rule is set to go into effect on September 15, 2026.

The Rule is severable, meaning that if portions of the Rule are found invalid, the remaining portions of the Rule will still go into effect.

The Rule gives DHS flexibility to delay the effective date for the provisions on enrollment in subsequent degree programs and transfer rules for graduate students.

Students who have already applied for OPT or STEM OPT and have pending applications as of September 15, 2026 will not be required to file for extensions of status to cover their period of valid OPT or STEM OPT.

Students who have valid I-94 records listing D/S as of September 15, 2026, should treat their status as expiring as of their I-20 expiration date or OPT/STEM OPT expiration date (if applicable), but no later than November 14, 2030. Students with grandfathered “D/S” periods of admission must extend their status prior to their effective end-date.

Key Takeaways

Once the Final Rule takes effect, students should work closely with their Designated School Officials (DSOs) and immigration attorneys to ensure that they maintain their student status by holding a valid I-20 and I-94 record.

If a student’s visa and I-94 record reflect a fixed date, that student must ensure they have applied for an extension of status using Form I-539 with USCIS prior to the end-date on their I-94, or have left the US as of the end-date on their I-94 and will re-apply for a new student visa with an extended validity period from an embassy abroad.

As the Rule is subject to Congressional review, severable, and likely to be litigated, KMK will closely monitor any effective changes to the Rule’s implementation in the coming months. KMK’s immigration professionals are available to advise employers and students on their maintenance of student status in light of the new Rule.