MIT Summary of USDHS Final Rule Eliminating D/S for F and J Statuses

MIT Summary of USDHS Final Rule Eliminating D/S for F and J Statuses

July 24, 2026

Overview

On Friday, July 17, 2026, the U.S. Department of Homeland Security (DHS) published a Final Rule indicating its intent to end the duration of status (D/S) policy for nonimmigrants in F and J status. The implementation date of the Final Rule is September 15, 2026.

The Final Rule does not change the maximum program length for most F-1 students and for J-1 exchange visitors. Students and scholars continue to be eligible to be admitted to and pursue their programs of study or research at MIT. F-1 and J-1 students will continue to be issued Forms I-20 and Forms DS-2019 valid for the expected length of their program unless official guidance changes.  For J-1 scholars, the maximum program length will remain 5 years for Research Scholars and Professors, 6 months for Short-term Scholars, and 1 year for Specialists. J-1 Research Scholars and Professors will remain eligible for an extension up to the 5-year limit if they continue to hold a qualifying appointment.

What will change is how Fs and Js are admitted into the U.S., the initial period of stay granted to an F or J visa holder, and the procedure for extension of stay if required in order to complete their program of study or research. Additional academic restrictions will also be imposed on F-1 students, as discussed below.

The current D/S policy has allowed nonimmigrant students and exchange visitors (such as postdocs, visiting professors, and other scholars) to remain in the U.S. for the full duration of their program of study or the length of their appointment, without having to travel or submit an application to USCIS to extend their F or J program if additional time is needed to complete it.

This Final Rule imposes, as of the effective date of September 15, 2026, some significant changes that are outlined below.

We know this is an anxious time, especially as there are still many unknowns as to how the new rule will be implemented. We expect there may be further actions impacting when and how the Final Rule components will be implemented, and we anticipate a number of updates between now and September 15, 2026. Please know that the ISO, ISchO, and many additional MIT offices, are focused on this policy and its potential impact, and will continue to support our entire community.

Summary of Major Changes impacting International Students and Scholars in F and J Visa Status

*Fixed Period of Admission

Under the new policy, students and scholars in F and J status will be admitted (granted entry) into the U.S. with fixed end dates on Form I-94 (also known as “Admit Until” Date, or AUD), for up to 4 years, or for the length of their program of study or appointment, whichever is shorter, plus a 30-day grace period. The post-completion grace period to prepare to depart the U.S. following completion of program stay for individuals in F status will be shortened from 60 days to 30 days. The grace period will remain 30 days for those in J-1 status.  

*Extensions of Stay for Students and Scholars in F and J Status

  • Extensions of stay beyond the I-94 end date (AUD) will be processed by submitting an application (Form I-539) to USCIS or by departing the U.S. with an extension of Form I-20 or Form DS-2019 and requesting readmission in F or J status for the additional length of time necessary to complete the student or exchange visitor program, not to exceed 4 years.
  • For J scholars, the total length of program may not exceed the regulatory maximum allowed for the J category (ex. 5 years for J-1 Research Scholars/Professors).
  • For F or J students pursuing a PhD program, where normal length is 5 years or more, and a student is granted an AUD for the maximum 4 years, a student may apply for an Extension of Stay for the additional period needed to complete the degree.
  • Students and scholars with a timely-filed extension application (Form I-539) pending at USCIS will continue to have employment authorization for 240 days past the end date of their current F or J program (for example, for F-1 or J-1 continuing student on-campus employment or J-1 scholars who are MIT employees); we are awaiting additional guidance from USDHS for clarity on this issue. 

An Extension of Stay (EOS) Form I-539 application must also be filed with USCIS by F students wishing to pursue the following:

  • begin a new program of study at the current school or at a new school; or
  • apply for Post-Completion F-1 Optional Practical Training or F-1 STEM OPT Extension employment authorization (along with Form I-765 application for employment authorization).

*Change of Educational Level for F Students

  • Undergraduate students are NOT eligible to change educational levels during their first year of study, unless the DHS Student and Exchange Visitor Program (SEVP) authorizes an exception for extenuating circumstances (Note: SEVP has provided only limited guidance to date on what would qualify as “extenuating circumstances,” other than school closure);
  • Graduate students are NOT eligible to change educational levels during their program of study;
  • After completion of a program of study, F students are NOT eligible to move to a new program of study at a lower educational level (e.g. master’s to bachelor’s, PhD to master’s);
  • After completion of a program of study, F students are NOT eligible to move to a new program of study at the same educational level (e.g. bachelor’s to bachelor’s, master’s to master’s).  

*Change of Major/Program for F and J Students

  • Undergraduate students are NOT eligible to change major during their first year of study, unless SEVP authorizes an exception for extenuating circumstances (Note: SEVP has provided only limited guidance to date on what would qualify as “extenuating circumstances,” other than school closure);
  • Graduate students are NOT eligible to change majors/programs at any point during their program of study.

*Transfer for F and J Students

  • Undergraduate students are NOT eligible to transfer to another school during the first year of their program of study;
  • Undergraduate students MUST complete their first year at the school that initially issued their Form I-20 that was used to enter the U.S., unless SEVP authorizes an exception for extenuating circumstances (Note: SEVP has provided only limited guidance to date on what would qualify as “extenuating circumstances,” other than school closure);
  • Graduate students are NOT eligible to transfer schools at any point during their program of study, unless SEVP authorizes an exception for extenuating circumstances (Note: SEVP has provided only limited guidance to date on what would qualify as “extenuating circumstances,” other than school closure).

Immediate Impact

Until the Final Rule takes effect on September 15, 2026, students and scholars in F and J status will continue to be admitted into the United States for the “duration of status,” with a “D/S” notation on their I-94 record. ISO and ISchO will continue to be able to extend eligible F and J students’ and scholars’ length of authorized stay in the U.S. by issuing extension Forms I-20 and DS-2019 through SEVIS.

After September 15, 2026, any student/scholar entering the U.S. in F or J status will be subject to the provisions of the Final Rule, including being granted initial entry (noted on the Form I-94 arrival record) for the length of the program indicated on the Form I-20 or Form DS-2019, or 4 years plus a 30-day departure grace period, whichever is shorter.

Transition Period

The following is initial guidance provided by DHS regarding students and scholars who were admitted for D/S and are in the U.S. on September 15, 2026:

*I-94 Records and Period of Authorized Stay in the U.S.

  • F and J nonimmigrants who were admitted for D/S on their Form I-94 and who are inside the United States on September 15, 2026, will retain D/S on their current I-94 records, but their authorized period of admission will only be until the program end date on their current Form I-20 or DS-2019 or September 14, 2030, whichever is earlier, plus a departure grace period of 60 days for those in F status or 30 days for those in J status.
  • F and J nonimmigrants who were admitted for D/S on their Form I-94 and are inside the U.S. on September 15, 2026, but who later leave the U.S. and request readmission, will be admitted until a fixed date (“Admit Until Date,” or AUD) based on the program end date on their Form I-20 or DS-2019, not to exceed 4 years, plus a 30-day departure grace period.
  • F-1 students and their F-2 dependents who were admitted for D/S, are inside the United States on September 15, 2026, and do not leave the U.S. will continue to have a 60-day post-completion grace period. However, if the F-1 student and/or F-2 dependent leaves the U.S. and returns, they will be granted an AUD and the departure grace period will be 30 days.

*Extensions

  • In order to extend their authorized length of stay in the U.S., F and J nonimmigrants will have to submit an Extension of Stay (EOS) application (Form I-539) to USCIS or extend through travel once the Extension I-20 or DS-2019 is issued.
  • Current F students admitted for D/S who are present in the U.S. 60 days after September 15, 2026, and who timely filed for F-1 Post-Completion OPT or F-1 STEM OPT Extension employment authorization by March 18, 2027, will NOT need to also file a separate Extension of Status application with USCIS. In short, USDHS is providing a 6-month period after the effective date of the final rule for those students in D/S to file an OPT or STEM OPT Extension application (Form I-765) with USCIS without having to also file an Extension of Stay application (Form I-539) at the same time.
  • F students who hold a date-specific (AUD) I-94, and file an F-1 Post-Completion OPT or F-1 STEM OPT Extension application (Form I-765) must also file an Extension of Stay application (Form I-539), with fee, with USCIS at the same time.
  • F students who have a timely filed cap-subject H-1B petition, and who are eligible for the “Cap-Gap” extension, are NOT required to file an Extension of Stay application (Form I-539) and may remain in the U.S. in F-1 status until the H-1B petition is approved or denied, or until April 1 of the fiscal year for which the H-1B status is requested, whichever is earlier.
  • For those F-1 students and J-1 exchange visitors who have a pending Extension of Stay (EOS) application (Form I-539) that was filed within the first 6 months of the effective date of the rule (i.e., before March 17, 2027), their employment authorization will remain valid while the EOS application is pending.
  • If an individual with an F or J visa travels while their Extension of Stay (EOS) application (Form I-539) is pending, the application is not considered abandoned unless the foreign national is readmitted to the U.S. with a new AUD on Form I-94 before the EOS application is approved. In this scenario, the I-539 Extension of Stay application will be denied by USCIS since it is no longer needed (based on the new entry to the U.S. for the extended period of stay).

*Applying for Entry Visas at U.S. Embassies/Consulates Abroad

This Final Rule does NOT change procedures for applying for an F or J entry visa at a U.S. Embassy/Consulate abroad. To verify procedures for applying for an entry visa, or scheduling a visa interview, please consult the U.S. Embassy/Consulate webpage for details (https://usembassy.gov). 

Additional resources on applying for an entry visa are available on the MIT International Students Office (ISO) or MIT International Scholars Office (ISchO) websites. 

We Are Awaiting Additional Information From Government Agencies

There are still a number of questions to be answered that will require communications/guidance from various U.S. government agencies prior to the implementation of this Final Rule. MIT will notify the community of any updates as they become available. 

MIT Division of Graduate and Undergraduate Education