Duration of Status Update

Update Regarding the Replacement of Duration of Status (D/S) Rule 

The Department of Homeland Security (DHS) has issued a final rule that will replace “duration of status” (D/S) with fixed periods of admission, known as Admit Until Date (AUD) for F-1 students and J-1 exchange visitors. The rule was published on July 17, 2026, with an effective date of September 15, 2026.

Below are Frequently Asked Questions (FAQ) of this new rule based on what we currently know. The International Student and Scholar Services (ISSS) team will continue to carefully review the new requirements and will provide individualized guidance as more implementation details become available.

1. What is changing? 

   Currently, most F-1 students and J-1 exchange visitors are admitted for “duration of status,” or D/S. This allows students to remain in the U.S. while they maintain their immigration status and continue their authorized program or practical training. Under the new rule,

   effective September 15, 2026, F and J visa holders will instead receive a specific expiration  date on their Form I-94, known as the Admit Until Date (AUD). Their authorized admission will be based on the length of their academic program, up to a maximum of four years.

2. Does the rule immediately affect students who currently have D/S on their I-94? 

   F-1 students in the U.S. admitted with duration of status prior to Sept. 15, 2026, can remain in the United States until the Program End Date listed on their Form I-20 or the end of their post-completion OPT or STEM OPT extension, not to exceed Nov. 14, 2030 (four years, plus a 60-day departure period).

3. How does international travel affect the transition protection above? 

   A student or exchange visitor who leaves the U.S. after September 15, 2026, will receive a new Form I-94 with an AUD when readmitted. Anyone considering international travel should review the potential immigration implications with ISSS before departure.

4. What if a student needs additional time to complete a program? 

   The student will need to work with ISSS to obtain an updated Form I-20 and then file an Extension of Stay (EOS) application by completing Form I-539 with USCIS before the authorized admission period expires. Acceptable reasons for EOS may include:

   • A compelling academic reason, such as an unexpected change in research, research funding, or faculty adviser;
   • A documented serious illness or medical condition; or
   • Circumstances beyond the student’s control, such as a natural disaster, national health crisis, or institutional closure.

   Alternatively, the student could also choose to depart the U.S. and obtain a new period of admission from U.S. Customs and Border Protection upon reentry.

5. When can a student submit an EOS if they need more time to complete their program? 

   Up to 180 days  before expiration of their current authorized period of stay (maybe sooner - yet to be clarified).

6. Can international students continue to study if they have submitted a timely EOS application and the case is pending? 

   Yes, they should be able to continue to study if they have timely filed for EOS prior to the expiration of their Admit Until Date (AUD).

7. Can international students continue on-campus employment if they have filed a timely EOS? 

   If EOS is timely filed, on-campus employment and Academic Training are allowed to continue for up to 240 days.

8. Can international students still change their educational level upon finishing a degree? 

   The rule allows an F-1 student who has completed one program to begin only a program at a higher educational level. For example, a student completing a bachelor’s degree could progress to a master’s program. Beginning another program at the same or a lower educational level would not be permitted. However, an EOS application will likely be required if the student needs time beyond their AUD.

9. Will new students still get the same length of I-20 for academic programs as before?   

   This rule does not change the program period a school or program could put on an I-20 or DS-2019. Instead, it will limit the period of admission that CBP or USCIS gives on the F or J’s Form I-94. This 4-year maximum period of admission is not an aggregate cap on time spent in

   F-1 or J-1 status. It is the maximum time for which an F or J nonimmigrant may be admitted into the U.S. with reference to the end date on their Form I-20 certificate of eligibility (COE), or, in the case of post-completion or STEM OPT, the employment end date of their OPT EAD.

10.  What if an academic program is longer than four years? 

    Because of the 4-year maximum period of admission, the student would be admitted in for 4 years plus 30 days. They would have to timely apply for an extension of stay (EOS) to USCIS on Form I-539 (with fee) to extend status for the additional time needed to complete the program, or depart the U.S. and obtain a new period of admission from U.S.  Customs and Border Protection upon reentry.

11. How will the rule affect OPT and STEM OPT? 

    OPT and STEM OPT remain available. However, in many cases, a student applying for post-completion OPT or STEM may need to file both:

    • Form I-765 for employment authorization; and
    • Form I-539 or its successor for an extension of stay (EOS).

    Students currently admitted for D/S who timely apply for post-completion OPT or STEM OPT can do so without having to file an EOS before 03/18/2027.

12. Does this rule affect current students or only new students? 

    The rule affects both current and future F-1 and J-1 students and exchange visitors. The exact impact depends on their individual situation, including when they entered the U.S., their current immigration status, and how DHS applies transition provisions in the final rule.

13. Can ISSS still extend an I-20 as needed? 

    ISSS staff will continue issuing updated Forms I-20 when permitted. However, under the new rule, an updated I-20 alone may no longer be enough if the student's authorized stay is expiring. Instead, some students may also need approval from USCIS before remaining in the U.S. beyond their original AUD. ISSS staff will help the student determine whether both steps are required.

14. Can international students transfer to another school? 

    Under the rule:

    • Undergraduate students will need to remain at their initial institution for at least one academic year before transferring (with limited exceptions); and
    • Graduate students will not be permitted to transfer during their program except when SEVP authorizes an exception based on very limited extenuating circumstances.

15. Can international students change their majors? 
    • Undergraduate students must complete the first academic year before changing educational objectives, unless an exception applies.
    • Graduate-level students will not be permitted to change educational objectives during their program. Because the meaning and implementation of this restriction require additional federal guidance, graduate students should consult ISSS before changing a degree, major, or academic objective.

16. Can international students still travel internationally? 

    Yes. International travel will continue to be allowed unless your country is on the travel restriction list. The student should also expect to receive UAD on their I-94 when returning to the U.S. Before traveling, the student must make sure they have:

    • A valid passport;
    • A valid visa (unless exempt);
    • A valid travel signature;
    • Their current Form I-20 or DS-2019;
    • If applicable, their EAD card and job offer letter.
    • Any additional documents recommended by ISSS staff.

    Because immigration regulations continue to evolve, students should check with ISSS staff before making international travel plans.

17. Will there be additional government filing fees? 

    Possibly. The fee and filing procedures will be detailed in the final rule and USCIS Fee Schedule. ISSS staff will provide current fee information before students submit applications.

18. How long will USCIS processing take? 

    Processing times vary and may be several months. Unlike I-20 extensions, which ISSS staff often process within a few business days, USCIS applications are processed by the federal government and cannot be expedited by Gonzaga University. For this reason, students should contact ISSS staff as soon as they anticipate needing additional time in their academic program.

19. Will this change international students’ visa status? 

    At this time, our understanding is that premium processing is not available for this particular application.

20. What should international students do now? 

    The best things international students can do are:

    • Continue maintaining their F-1 or J-1 status.
    • Make normal academic progress.
    • Meet with their academic advisor regularly.
    • Notify ISSS staff immediately if their graduation date changes.
    • Apply for benefits such as OPT as early as possible.
    • Read emails from ISSS staff carefully.
    • Consult ISSS staff before making international travel plans.
    • Check their Form I-94 after every international entry.
    • Avoid relying on unofficial information from social media.
21. How will Gonzaga University support the international community? The ISSS and CGE staff are committed to helping every international student navigate these changes successfully. We will:

• Work with students to navigate USCIS applications and identify available options and resources when needed.

• Review every student's individual circumstances;

• Provide workshops and information sessions;

• Notify students when action is required;

• Assist with USCIS applications;

• Coordinate with academic departments;

• Answer individual questions; and

• Continue advocating for policies that support international students.