Update (September 15, 2026): On September 14, 2026, U.S. District Judge F. Dennis Saylor IV issued a nationwide preliminary injunction blocking the DHS rule described below. The rule did not take effect on September 15, and the existing Duration of Status (D/S) system remains in place while the lawsuit continues. A status conference is set for October 2, 2026, and the government may appeal. Note that the new editions of Forms I-765 and I-539 are still required from September 15. This article reflects the rule as published and will be updated as the case develops.
The F-1 visa new rule for 2026 replaces “duration of status,” commonly shown as D/S, with a fixed period of admission beginning September 15, 2026. New Form I-94 records will carry a specific “admit until” date. That period will generally match the program length on Form I-20 but cannot exceed four years.
The rule does not terminate every student’s status on September 15. A student who was admitted for D/S and properly maintains F status on the effective date may fall under a transition period lasting up to four years. Travel, the program end date, OPT or STEM OPT, and the issuance of a new I-94 can change the applicable deadline.
For background on student work authorization, see Clinch Law’s Employment Authorization Document guide. This article addresses the new fixed-admission system rather than general EAD eligibility.
Quick Answer: What Changes on September 15, 2026?
DHS published the final rule on July 17, 2026. It changes F, J, and I admissions from D/S to fixed periods. The rule is classified as a major rule subject to congressional review and lists September 15, 2026 as the effective date. DHS must publish another Federal Register document if congressional review changes the date or terminates the rule.
For F-1 students, the principal changes are:
- Admission generally lasts through the I-20 program end date, but no longer than four years.
- A student who needs more time may have to file an extension of stay with USCIS.
- The general post-program preparation period for new fixed admissions becomes 30 days.
- A timely extension applicant may continue a full course of study while USCIS decides the request.
- OPT and STEM OPT have special transition provisions.
- Travel after the effective date can convert a current D/S student to a fixed-date I-94 upon return.
Four Years Is a Maximum, Not an Automatic Grant
A student entering for a one-year certificate program does not automatically receive four years. The fixed admission should correspond to the program duration, with four years as the ceiling. Conversely, a student entering a five-year doctoral program may receive no more than four years initially and must plan an extension if the program continues.
The 30-day pre-program admission window and the separate preparation period after the program are treated under specific provisions and do not simply shorten the four-year program calculation. Still, the controlling practical record is the I-94 issued by CBP. Students should compare it with the I-20 immediately after admission.
| Student situation | General treatment | Critical check |
|---|---|---|
| First admission after September 15 | Fixed admission through program end, capped at 4 years | Compare I-20 and I-94 dates |
| In the United States in valid D/S on September 15 | Transition rule based on I-20/EAD and a 4-year outside limit | Review travel and program changes |
| Program longer than 4 years | Extension or qualifying readmission needed before expiration | Build the I-539 calendar early |
| OPT or STEM OPT applicant | Filing date and transition exception control | Coordinate I-765, I-20, and any I-539 |
| Travel after September 15 | Return may produce a fixed-date I-94 | Download I-94 after every entry |
How Are Current D/S Students Affected?
F and J nonimmigrants who properly maintain status on September 15, 2026 and were admitted for D/S enter a transition framework. In general, the authorized period is tied to the program end date on the I-20 or DS-2019 valid on the effective date, or an applicable EAD end date, and cannot extend beyond the transition ceiling measured from September 15, 2026.
The regulation contains specific departure-period treatment for current F students. That transition protection should not be confused with the 30-day preparation period for new fixed admissions. Nor does it mean every existing student may remain until 2030. An earlier I-20 or EAD date can control.
The student must continue meeting all F-1 requirements. Full-time study, SEVIS reporting, authorized employment, and school procedures remain important. The transition provision does not forgive a status violation.
Why Travel Can Change the Deadline
A current D/S student who leaves the United States during the transition period may receive a fixed-date I-94 when returning. Travel can therefore move the student out of the domestic transition timeline and into the new date-certain system.
Before departure, review:
- A valid passport and, when required, a valid F-1 visa.
- A current Form I-20 with a valid travel signature.
- The SEVIS record.
- The EAD and employment evidence for OPT or STEM OPT.
- Any pending Form I-539 or Form I-765 and the effect of departure.
After reentry, download the new I-94. If the fixed date does not match the expected I-20 or EAD period, contact the school’s designated school official promptly. The DSO maintains SEVIS records but does not replace USCIS or CBP as the adjudicating authority.
When Will an Extension of Stay Be Required?
A student who needs to remain beyond the fixed I-94 date may seek an extension of stay from USCIS rather than travel for a new admission. Under the current form system, that request uses Form I-539.
The final rule allows an F-1 student who timely files an extension request to continue pursuing a full course of study while USCIS adjudicates it. That provision does not automatically extend every form of employment. On-campus work, hardship authorization, CPT, OPT, and STEM OPT follow separate rules.
Practical extension steps
- Compare the I-94 expiration with the I-20 program end date.
- Document the academic or qualifying reason additional time is needed.
- Coordinate the I-20 and SEVIS update with the DSO.
- Check the current Form I-539 edition, fee, and biometrics instructions.
- Ensure USCIS receives a properly filed request before the I-94 expires.
- Retain receipts, delivery evidence, historical I-20s, and transcripts.
- Follow the reporting rules for later address, school, program, or employment changes.
Clinch Law’s guide to extending or changing nonimmigrant status provides broader context. A biometrics notice is only a processing step and does not guarantee approval; see our biometrics appointment guide for that separate process.
Special Rules for OPT and STEM OPT
OPT requires students to read the fixed admission date and the EAD timeline together. A current D/S student who timely filed post-completion OPT or STEM OPT by September 15, 2026 may not need a separate extension application merely because the transition begins.
The final rule also creates temporary relief for eligible D/S students who timely file post-completion OPT or STEM OPT applications on or before March 18, 2027. For that group, the I-765 may proceed without a separate extension-of-stay application solely because of the new system. DHS may extend this relief in six-month increments through a Federal Register notice.
Travel can alter the result. A student who departs and returns with a fixed-date I-94 may need to reconsider whether both Form I-765 and Form I-539 are required. Departure while either application is pending also has its own consequences.
Students should remember that an OPT recommendation on Form I-20 is not the EAD. Except where a specific rule provides otherwise, employment cannot begin before authorization exists. The I-20, I-765 receipt, EAD, and I-94 should be reviewed as separate documents.
New Limits on Transfers and Changes of Educational Objective
The final rule reaches beyond the four-year limit. An F-1 student generally must complete the first academic year at the school that issued the initial I-20 before changing schools or educational objectives, subject to SEVP-authorized exceptions.
For graduate-level and higher programs, the rule imposes tighter restrictions on changing educational objectives or transferring during a program. It also limits starting another F-1 program at the same or a lower educational level after completing a program.
These provisions may affect a second master’s degree, a change of doctoral field, or a transfer between graduate schools. The student should review the academic-level rules even if the I-94 still has substantial time remaining.
What Students Should Check Before September 15
- Determine whether the current I-94 shows D/S or a fixed date.
- Confirm the program end date on the I-20 valid on September 15.
- Check that the SEVIS name, school, program, and address information is accurate.
- Calendar the earliest and latest OPT or STEM OPT filing dates.
- Evaluate whether planned travel will trigger a fixed I-94 on return.
- Build an extension timeline for a program expected to exceed four years.
- Treat school program extension, Form I-539, and Form I-765 as separate actions.
- Use the July 17, 2026 final rule rather than an older proposed-rule summary.
Students thinking beyond F-1 status can review Clinch Law’s overview of Green Card paths. Filing an immigrant petition, however, does not automatically extend F-1 status or authorize employment.
Frequently Asked Questions
Does every F-1 student’s status end on September 15?
No. Existing students admitted for D/S may qualify for transition rules. The I-20, EAD, status compliance, travel, and program dates determine the individual timeline.
Will every student automatically receive four years?
No. Admission corresponds to the program length and cannot exceed four years. A shorter program can produce a shorter fixed period.
What if a Ph.D. takes longer than four years?
The student may seek an extension of stay before expiration or, if appropriate, travel and request a new admission. Neither route guarantees approval.
Can I keep studying while a timely I-539 is pending?
The final rule permits a timely extension applicant to continue a full course of study while USCIS decides the request. Employment authorization requires separate analysis.
Do OPT applicants need both I-765 and I-539?
It depends on the filing date, I-94, transition status, and travel. Eligible D/S students have temporary relief through March 18, 2027, subject to the rule’s details and any later notice.
Does D/S continue after international travel?
A returning student generally should expect a fixed-date I-94 under the new system. Review pending applications and reentry documents before departure.
Conclusion
The September 15, 2026 rule makes the I-94 expiration date a central part of F-1 status planning. Four years is not a universal grant. It is the maximum fixed admission tied to program length.
Current D/S students should analyze the transition rule. New entrants should verify the fixed I-94. OPT and STEM OPT applicants should coordinate the I-765 with any extension requirement. A simple comparison of the I-94, I-20, EAD, and travel calendar is the best starting point.
Legal Information Notice
This article provides general information and does not create individualized legal advice or guarantee a status result. Congressional review may change the effective date. A student’s outcome depends on admission history, Form I-94, Form I-20, SEVIS record, academic level, travel, and employment authorization. Recheck the Federal Register, ICE, CBP, and USCIS instructions before acting.
