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DHS Final Rule to Replace Duration of Status (D/S) to Fixed Periods of Stay

On July 17, 2026, the Department of Homeland Security (DHS) published a FINAL RULE in the Federal Register to replace “duration of status” (D/S) with a fixed time period for students and their dependents in F-1 non-immigrant status. This change creates fixed admission dates to align with program end dates indicated on the Form I-20.

The rule is official as of 7/16/2026 and will be implemented beginning 9/15/2026.

Summary of Changes:

Students applying for admission to the US or a Change of Status to F-1 on and after September 15, 2026 will be admitted for a fixed date.
The “Admit Until Date” will be limited to the program end date listed on the Form I-20, plus a period of 30 days following their program end date. This date will not exceed 4 years.
Students who were inside the US or had an approved Change of Status prior to September 15, 2026 will need to apply for an extension of stay to remain in status beyond the program end date on their current I-20 form or four years from the final rule effective date, whichever is shorter. If a student who was inside the US prior to September 15, 2026 but later departs and re-enters, the student will be provided a new I-94 with a date specific Admit Until Date that includes the 30-day grace period.
The F-1 grace period is now reduced from 60 days to 30 days for F-1 students and their dependents who enter or re-enter the US on or after September 15, 2026.
Students who were inside the US before September 15, 2026 will retain their 60-day grace period unless they depart and re-enter the US or apply for an extension of stay. In those cases, the student will then be assigned the 30-day grace period.

Students who need time beyond their Admit Until Date will need to timely file a Form I-539 extension of stay application with USCIS before their Admit Until Date expires.
Rather than apply for an Extension of Stay with USCIS, students may decide to exit the United States and re-enter (if they have a valid visa and are not from a travel ban country) where Customs & Border Protection (CBP) would adjudicate the request for more time via the Port of Entry process.

Students studying ESL are now limited to 24 months of ESL academic training. This will include any time spent studying at another institution prior to attending OCC’s ESL program.

Students may change their educational objective (change of major) only after their first year of study.

Students are required to study for 1 full academic year at Oakland Community College before they are eligible to transfer to another College or University.
Students who complete a program of study at one level are not able to transfer to another school for a degree at the same level. Students can only transfer “up” to a new degree level (e.g., Associate to Bachelor degrees).

Students are no longer allowed to do a Change of Education Level to begin a new program of study at the same educational level (Associate’s to Associate’s). Students also cannot begin a lower level of study (Associate to Certificate). The only students eligible for a Change of Education Level are ESL students moving to an academic program of study.

Under these new rules, F-1 students will begin to accrue unlawful presence as soon as their specified admission period ends.

Transition Provisions

Students who are inside the United States prior to September 15, 2026 have some transitional provisions that are outlined below:

Students inside the United States before September 15, 2026 will not need to immediately apply for a date specific I-94. However, these students will need to apply for an extension of stay in order to remain in the United States beyond their current program end date as listed on the Form I-20 or OPT EAD.
Students in the transition group will retain their 60-day grace period, unless they depart and re-enter the United States after September 15, 2026.
If a student who was in the United States prior to September 15, 2026 departs the United States and re-enters, CBP will readmit the student with a Form I-94 with a date specific Admit Until Date that includes the 30 day grace period.