What is Duration of Status?
When an F or J international student, exchange visitor, or dependent arrives in the United States, they must present their immigration documents to be cleared for entry by a Department of Homeland Security (DHS) Customs and Border Protection (CBP) officer at the port of entry. The CBP officer asses the eligibility of the individual to enter and issues an I-94 to document the entry. Since the early 1990s, CBP has issued the I-94 indicating that the F-1 and J-1 visa holders are admitted for a period known as “duration of status” (D/S). Unlike most other nonimmigrants who are admitted with an exact date of expiration of legal immigration status, D/S allows F students and J exchange visitors to remain in the country as long as they maintain their I-20 and DS-2019 forms and are making normal progress towards completing their academic or research objectives or are engaging in practical training.
In what stage is the rule?
The proposed rule was published August 28, 2025. Public comments were accepted on the rule through September 29, 2025. The public comments will be reviewed by DHS and a final rule will be submitted to the Office of Management and Budget (OMB) for review before DHS publishes its final rule in the Federal Register. On May 5, 2026, DHS finalized its review of the final review. The final rule is pending with OMB. The rule will be in effect 60 days from the date it is published in the Federal Register.
You can find the proposed rule here: https://www.federalregister.gov/documents/2025/08/28/2025-16554/establishing-a-fixed-time-period-of-admission-and-an-extension-of-stay-procedure-for-nonimmigrant.
What does this new rule mean?
The new rule has several major changes. As the rule is not yet final, OIE is only able to give a generalized summary of the proposed changes. Until a final rule is published and guidance is shared regarding the implementation of the new rule, OIE can only advise in general terms.
What can I do while we wait for the final rule?
- Review your I-20 and DS-2019 form. If you know that you will require additional time to complete your degree program requirements or program objectives, move forward with connecting with your department and complete a program extension request in iStart.
- If you are finishing degree program requirements this summer and intend to pursue OPT, move forward with requesting your OPT recommendation from OIE. Review OIE's OPT Website to view our Virtual OPT Workshop, information on important timing considerations, eligibility considerations, and application instructions.
- If you have plans to transfer to a new university/school and have obtained your admission, move forward with requesting the transfer of your immigration record. More information about transferring your SEVIS record can be found on OIE's website.