07/23/2026
【IMMIGRATION ALERT】D/S Era Ends: F, J, I Visas Switch to Fixed Admission Periods | Same-Level Second Degree Restricted, Day 1 CPT Pathway Faces Major Shift | NYC Universities Rush to Issue Guidance
The U.S. Department of Homeland Security (DHS) announced a Final Rule on July 16, 2026, officially eliminating the nearly half-century-old "Duration of Status" (D/S) framework and replacing it with fixed periods of admission. The rule was published in the Federal Register on July 17, 2026, and is scheduled to take effect 60 days later on September 15, 2026. It has been classified as a "Major Rule" subject to congressional review under the Congressional Review Act; litigation or congressional action could still alter the effective date or outcome.
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I. Key Changes
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▸ Fixed Admission Periods Replace D/S: F-1 students and J-1 exchange visitors will receive a specific "Admit Until Date" (AUD) on their I-94 upon admission, set to the program end date listed on their Form I-20 or DS-2019, capped at a maximum of 4 years, plus a 30-day departure preparation period. English language program (ESL) students are limited to 2 years.
▸ Extensions Must Be Filed with USCIS: DSOs and exchange program sponsors will no longer be able to extend lawful stay solely through SEVIS. Those needing to remain beyond the approved period must file Form I-539 (Extension of Stay, EOS) with USCIS, including the filing fee (currently $420), biometrics collection, and related procedures.
▸ Grace Period Shortened: The post-completion grace period for F-1 students after completing studies or OPT is reduced from 60 days to 30 days. (Under the transition provisions, students admitted for D/S before the effective date who remain in the U.S. without departing will retain the 60-day grace period until they travel and reenter or receive an EOS adjudication, at which point the 30-day period applies.)
▸ I Visa (Foreign Media): Maximum stay generally limited to 240 days; certain PRC media personnel remain subject to the 90-day special provision.
▸ Academic Mobility Restricted: Undergraduate students may not transfer schools or change "educational objectives" during their first academic year (unless SEVP approves an exception for extenuating circumstances). Graduate students may not change educational objectives at any point during their program, and transfers also require exception approval.
▸ Transition Provisions: F and J nonimmigrants who are inside the United States on the effective date (September 15, 2026) and properly maintaining lawful status will have their authorized stay set to the program end date on their current I-20 or DS-2019, not to exceed 4 years from the effective date. Those needing additional time must file for EOS.
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II. Same-Level Degree Restriction & Impact on Day 1 CPT
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⚠️ The CPT regulation itself was not amended. DHS explicitly stated in the final rule preamble: "These comments misinterpret the rule as the rule does not prohibit or eliminate Day-1 CPT... it does not make substantive changes to CPT." Eligible graduate students may still receive Day 1 CPT authorization under existing regulations (8 CFR 214.2(f)(10)).
However, the following changes will fundamentally reshape the Day 1 CPT landscape:
▸ Lateral/Reverse Matriculation Ban: F-1 students who complete a program after the effective date are barred from enrolling in another program at the same or a lower educational level. The University of Pittsburgh's Office of International Services has noted this language will likely be interpreted as imposing a "lifetime limit." In practical terms: students who have already earned a master's degree in the U.S. will no longer be able to maintain F-1 status by enrolling in a second master's program to access Day 1 CPT. The widely used pathway of "OPT ends or H-1B not selected → enroll in a second master's → Day 1 CPT to continue working" will be directly and fundamentally impacted.
▸ A Window Still Exists Before the Effective Date: Programs completed before the effective date do not count toward this restriction. If you are currently considering the second-master's Day 1 CPT pathway, the period between now and September 15 is the critical window — complete the school transfer, obtain a new I-20, and begin the program before the rule takes effect. Starting a same-level degree enrollment after the effective date will be subject to the new restriction.
▸ Doctoral-Level CPT May Become the More Durable Alternative: Moving from a master's to a doctoral program (PhD, DBA, etc.) constitutes "upward progression" and is not affected by the same-level ban. However, students should still ensure a reasonable connection between the program, their academic background, and career goals, and prepare academic progression documentation before applying.
▸ Additional Impact of Fixed Admission Periods on CPT Students: With D/S eliminated, Day 1 CPT students' I-94s will have a fixed expiration date. CPT employment authorization is automatically extended up to 240 days or until the DSO-authorized end date (whichever is earlier) while a timely filed EOS application is pending. However, if the EOS is filed during the 30-day grace period, the student may continue studying but may not continue or begin practical training or other employment until the EOS is approved.
▸ Separate Practical Training Rulemaking on the Horizon: DHS has a separate rulemaking specifically targeting CPT/OPT on its regulatory agenda (Practical Training Rule, RIN 1653-AA97), but no proposed text has been published yet. This is the rule that could directly amend CPT regulations in the future and should be on everyone's long-term watch list.
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III. OPT & STEM OPT Transition Provisions
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▸ F-1 students who are inside the U.S. on the effective date with a D/S notation on their I-94, and who timely file Form I-765 for post-completion OPT or STEM OPT on or before March 18, 2027, are not required to file a separate I-539 EOS application for that OPT/STEM OPT period.
▸ After the transition period (or for students who enter under the new fixed-date framework after the effective date), if the OPT/STEM OPT period extends beyond the I-94 AUD, students will generally need to file both an I-539 extension and an I-765 work authorization application simultaneously — meaning two applications, two adjudication tracks, and potential biometrics collection or interview requirements.
▸ F-1 students who are beneficiaries of timely filed, nonfrivolous cap-subject H-1B change-of-status petitions remain eligible for the cap-gap extension and do not need to file a separate EOS.
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IV. NYC University Responses
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According to the World Journal, as of July 21, multiple New York universities have issued guidance to international students:
▸ NYU Global Services sent an email emphasizing that students currently in the U.S. with D/S on their I-94 will not immediately lose lawful status when September 15 arrives. However, those who already know they cannot complete their program within the current I-20 end date should apply for an extension as soon as possible — NYU recommends submitting by August 15 at the latest. A virtual information session is scheduled for July 31.
▸ Columbia University advised students to return to New York before the September 8 start of classes and arranged an information session with immigration attorneys on July 22. Columbia stated that all F-1 and J-1 individuals sponsored by the university will receive direct email notifications.
▸ CUNY Graduate Center issued notices and FAQs noting that doctoral programs often exceed four years, and some doctoral students may need to file for extension more than once. CUNY also warned that a denied extension could trigger the accrual of unlawful presence. Medical residents, J-1 postdoctoral scholars, and graduate students planning to transfer were identified as particularly affected groups.
▸ Cornell University described the change as causing unease within the international student community and reminded students that the rule remains subject to congressional review as a "Major Rule" — review or litigation could still change the date or outcome.
▸ Northeastern University, USC, University of Pittsburgh, and others have also issued guidance urging students not to make immigration-related decisions based on incomplete information or unofficial sources.
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V. Why Did DHS Make This Change?
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DHS stated this reform is aimed at restoring immigration system integrity, strengthening national security vetting, and ending the practice of individuals using repeated enrollment to become so-called "Forever Students" who remain in the U.S. indefinitely. In its announcement, DHS characterized the rule as "eliminat[ing] the 'duration of status' loophole that allowed foreign students, exchange visitors, and media representatives to remain in the United States indefinitely without routine government oversight."
However, the U.S. higher education community has expressed widespread concern. NAFSA warned the new system could increase student costs, legal risks, institutional advising burdens, and enrollment pressures, making studying and conducting research in the U.S. more uncertain. The proposed rule received nearly 22,000 public comments during the comment period, with the majority expressing opposition or reservations, yet the final rule "changed little" from the proposal. According to public statistics, U.S. student visa admissions exceeded 1.8 million in 2024, up approximately 11% from the prior year.
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VI. Litigation Watch
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As of this writing, no lawsuits have been filed challenging this final rule, but legal challenges are widely anticipated. Immigration law firms and education organizations are actively gathering evidence of specific individual and institutional harms. Given the extremely tight 60-day implementation window, any litigation will likely seek a preliminary injunction to prevent the rule from taking effect as scheduled. Notably, a substantially similar rule proposed in 2020 was withdrawn before finalization after receiving significant opposition.
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VII. Recommendations
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Treat your graduation date or OPT end date as the start of a 30-day countdown — do not wait until the last minute to plan your next step.
If your program, research, or training is expected to exceed the approved admission period, begin planning and preparing your I-539 extension application well in advance.
Monitor your I-94 expiration date, extension filing deadlines, and status maintenance requirements carefully to avoid jeopardizing future visa applications, OPT, employment, or immigration benefits.
If you are currently considering a same-level second master's for Day 1 CPT, complete the school transfer and I-20 issuance before the September 15 effective date. If you already hold a master's degree and time permits, evaluate doctoral-level CPT programs as an alternative.
Regardless of the pathway you choose, ensure the program has genuine academic merit and maintain thorough documentation supporting your academic progression.
Students currently inside the U.S. should avoid unnecessary international travel before September 15 — reentry after the effective date will trigger the new fixed admission period framework, and you will lose D/S transition treatment.
Closely monitor congressional review and potential litigation developments — the effective date remains subject to change.
Sources: DHS, Federal Register, Study in the States, NAFSA, Nixon Peabody LLP, Ogletree Deakins, University of Pittsburgh OIS, GoElite, EduConnect, World Journal, United Daily News, Forbes, Bloomberg, Reuters, Inside Higher Ed.
This post is for general informational purposes only and does not constitute legal advice. Individual circumstances may vary. For specific questions, please consult a qualified immigration attorney.
