The Department of Homeland Security published a final rule effective September 15, 2026 that eliminates “D/S” or Duration of Status.

As an initial matter, we recommend that all students in F-1 status reach out to their DSO to confirm what this means for them individually. It is critical for all F-1 individuals check their status EVERY time they enter the United States on: https://i94.cbp.dhs.gov/home.

In general, we have listed the below overall concepts regarding the change in F-1:

The Core Change

Starting Sept. 15, 2026, F-1 students stop being admitted for "Duration of Status" (D/S). New entries instead get a fixed Form I-94 expiration date - good for your program length (or up to 4 years), plus a 30-day grace period (down from 60). If you're already in the U.S. maintaining status before that date, you generally keep D/S under transition provisions until a "triggering event" (see below).

Triggering Events That Move You to the New System

  • Traveling abroad and re-entering the U.S. on/after Sept. 15, 2026
  • Getting an Extension of Stay (EOS) approved by USCIS
  • Changing status

Until one of these happens, currently-enrolled/working students do not need to action anything immediately.

If You're Currently on OPT or STEM OPT (already approved before Sept. 15, 2026)

  • You may keep working through your current EAD expiration date under the transition rule — no action needed unless you travel internationally and re-enter after Sept. 15, 2026 (that converts you to a fixed AUD).
  • Watch your I-94, not just your EAD. After any re-entry, your I-94 AUD — not your EAD — becomes the document that governs your legal stay.

If You Will Soon Apply for Post-Completion OPT or STEM OPT

  • ⚠️ Key deadline: file Form I-765 (OPT/STEM OPT application) on or before March 18, 2027 if you were admitted under D/S before Sept. 15, 2026. Filing by this date means you do not need a separate Extension of Stay (I-539) just to start OPT/STEM OPT.
  • If you travel internationally after Sept. 15, 2026 and are readmitted before filing your OPT/STEM OPT application, this protection is lost you'll need both Form I-539 (EOS) and Form I-765 filed together.
  • New rule: filing an EOS does NOT auto-extend OPT/STEM OPT work authorization. If your status expires when your program ends, you may stay in the U.S. while an I-539 is pending, but you cannot begin OPT employment until both the EOS and I-765 are approved. There is no 240-day work-continuation bridge for post-completion OPT (that 240-day bridge only applies to on-campus employment, CPT, and severe-hardship EAD — not OPT/STEM OPT).
  • STEM OPT extension filers still keep the existing 180-day cap-gap-style continuation if the extension application is timely filed before the current EAD expires.

If You're Currently Working for a Company on OPT/STEM OPT

  • Your legal ability to keep working is tied to your I-94 expiration date, not just your EAD card — an expired status (without a filed extension) can end work authorization even with a valid-looking EAD.
  • If your program/training period could extend past your current I-94 date, start the extension conversation with your DSO months in advance — new I-20s/EOS filings take time, and USCIS decision timing is uncertain (premium processing for I-539 isn't yet confirmed).
  • Avoid discretionary international travel while any EOS (I-539) is pending — leaving before adjudication can be treated as abandoning the application. Again, please speak to your DSO or our team prior to any international travel.

The Big New Risk: Automatic Unlawful Presence

Under D/S, falling out of status didn't automatically start the unlawful-presence clock. Once your status expiration passes without a timely EOS, travel, or status change, unlawful presence can begin immediately, risking 3-year or 10-year reentry bars.

Action Checklist

  • Pull your current Form I-94 at i94.cbp.dhs.gov and note your status expiration date (if any) — check it after every re-entry.
  • Confirm your I-20 program end date and EAD dates line up with your F-1 status expiration date.
  • If nearing OPT/STEM OPT filing: aim to file before March 18, 2027 if eligible for the transition exception.
  • If you must travel: talk to your DSO and our team first about how it affects your transition status.
  • If more time is needed beyond your expiration sate: start the I-20 extension + I-539 (EOS) process early with your DSO — don't wait for the grace period.
  • Keep your passport valid 6+ months beyond any planned travel.