Information on the Elimination of Duration of Status
Updated: September 2, 2026
Admit Until Date (AUD) - Students currently in the US on September 15, 2026
- Students admitted under duration of status and present in the United States on Sept. 15, 2026, and who timely file for post-completion OPT or STEM OPT on or before March 18, 2027, do not need to file a separate application for an EOS with their OPT or STEM OPT application
- Students can remain in the United States without filing an EOS up to:
- The Program End Date on their Form I-20 valid on Sept. 15, 2026
- End of their post-completion OPT or STEM OPT valid on Sept. 15, 2026
- This period cannot exceed Nov. 14, 2030 (four years plus 60 days)
- Students have two options to continue studying in the United States after this period:
- Apply for an EOS with USCIS, or
- Leave the United States and obtain a new period of admission from CBP upon reentry
Admit Until Date (AUD) - Current students re-entering the US after September 15, 2026
- Upon returning to the United States, students will be admitted with a new fixed period of admission by CBP
- 30 days after program end date/EAD expiry date OR passport expiration date, whichever is sooner
- Students should check their electronic Form I-94 to confirm their new AUD after arrival
- Students who leave the United States before filing for post-completion OPT or STEM OPT will be readmitted with a fixed period of admission by CBP
- Upon readmission, students must file an application for post-completion OPT or STEM OPT and an EOS application
- Students who file for post-completion OPT or STEM OPT by March 18, 2027, but travel before the practical training is approved may be readmitted with a fixed period of admission by CBP
Admit Until Date (AUD) – F-2 Dependents
- 30 days after F-1 Principal’s program end date/EAD expiry date
- F-1 Principal’s passport expiration date
- Dependent’s own passport expiration date
- Dependent’s 21st birthday
Extending Period of Stay
Students wishing to remain in the US beyond their AUD have two options:
- Apply for EOS up to 180 days prior to AUD
- If you apply for EOS before your graduation/EAD expiry you can continue to study and work
- If you apply in your 30-day post-graduation grace period, you can continue to study, but cannot work
- Depart the US and reenter to receive a new AUD
EOS Application Review
- Will likely require a background check, security check, and biometrics
- Can travel while EOS application is pending
- Determination if student complied with the terms of their admission to US in F-1 status
- If application is denied, student must depart the US before their original AUD
- If application is denied after the AUD has passed, student must immediately depart the US
- USCIS has not outlined any type of appeal process
- If application is approved, students will receive new paper I-94 & approval notice
Undergraduate Students
After September 15, F students below the graduate level cannot:
- change educational levels during their first year of a program of study unless SEVP authorizes an exception for extenuating circumstances
- change their major during their first year of a program of study unless SEVP authorizes an exception for extenuating circumstances
- transfer to another SEVP-certified school during their first year of a program of study unless SEVP authorizes an exception for extenuating circumstances
Graduate Students
After September 15, F students at the graduate level or above cannot:
- change their major at any point during their program of study
- change educational levels at any point during their program of study
- transfer at any point during their program of study unless SEVP authorizes an exception for extenuating circumstances
Extenuating circumstances are “rare, exceptional events” beyond the control of schools and students. Examples include:
- A school closure or merger,
- A school’s prolonged inability to hold in-person classes due to a natural disaster,
- A student enrolled in elementary and secondary education who needs to change schools, or
- Other causes.
Departure Period
- F students have a 30-day grace period following completion of their program of study, post-completion OPT or STEM OPT extension
- Decrease from the previous 60-day grace period
- If transferring or applying for post-completion OPT or STEM OPT, students must apply for an EOS before their AUD expires or depart the United States and obtain a new AUD from CBP upon their return
For more information:
Cyrus D. Metha & Partners, PLLC Blog
Furong Huang’s Elimination of D/S Summary
International Student Resource Center’s Review of the Final Rule
Final Rule: Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure FAQ
Posted: July 17, 2026
DHS Elimination of Duration of Status
The rule takes effect on September 15, 2026. Students already in Active status as of September 15 will not immediately be switched to fixed status, they will continue on duration of status until their program end, date, or September 15, 2030, whichever comes first.
There is a six-month transition period (September 15, 2026-March 15-2027)
Key Changes
- Change from unspecified “Duration of Status (D/S)” to documented end date:
International students can currently remain in the U.S. for as long as it takes to complete their degree program, provided they maintain good academic standing and show they are making degree progress. The new rules limit students to a fixed period capped at 4 years, or the advertised length of their program—whichever is shorter. - New federal approval, costs, and criteria for extensions:
Currently, Designated School Officials (DSOs) are authorized to extend students’ program of study directly in SEVIS. After September 15, the DSO will no longer be able to extend an I-20. Program extensions would require students to apply directly to USCIS, pay fees, and complete additional review (including biometrics), rather than being processed solely by the university. Given current USCIS backlogs, delays are likely to occur. - Reduced flexibility for academic decisions:
- Undergraduate students will be restricted from transferring or changing programs in their first year.
- Graduate students will be prohibited from changing programs or institutions altogether.
- Students must progress to higher degree levels, they may not get a second masters or second bachelors
- Shorter grace period:
The time international students can stay in the U.S. after finishing their program or authorized practical training may be shortened—from 60 days to 30 days.
Immediate Impacts
- There is a grace period of six months in which students who apply for OPT or STEM OPT will NOT file have to file Form I-539.
- The OPT application window for May 2027 graduates can apply for OPT starting on Feb 6, 2026
- May 2027 graduates are strongly encouraged to file as soon as possible so they can submit their application before the end of the transition period on March 15, 2027 so they won’t have to file the additional I-539 Form.
- Students who travel outside the US and return before September 15 will still be admitted for Duration of Status, but anyone entering the US after that date will be admitted until the program end date listed on their I-20
This new rule is confusing; we do not know about issues such as premium processing or dependents. We expect to have more clarification from DHS in the coming weeks.
We also expect that there will be legal challenges to this ruling.
We understand that this can be very disruptive and will do everything we can to support you. We will keep you updated as we get more information. We thank you for patience as we respond to the large number of inquiries we’ve received.
