For a long time, individuals holding F-1 student visas, J-1 exchange visitor visas, and I-category foreign media visas entering the United States have had their duration of stay marked as “Duration of Status” (D/S) on their I-94 entry records, rather than a fixed date.
This means that as long as they maintain legal status, such as full-time studies for students or completion of approved plans for exchange visitors, they can legally stay in the U.S. without needing to apply for an extension due to their stay limit expiring.
However, this long-standing management system is about to change. In July of this year, the Department of Homeland Security (DHS) officially issued new regulations, which will eliminate the current D/S system and implement a Fixed Period of Admission starting from September 15, 2026.
This new regulation further tightens visa management for international students, scholars, and foreign media representatives. In the future, individuals needing to extend their stay in the U.S. will have to apply for an extension with the United States Citizenship and Immigration Services (USCIS), rather than solely relying on schools or exchange institutions for management. Administrative procedures and immigration reviews will also become more stringent.
Under the new regulation, the end date on the I-94 will be limited to either the “end date of the listed item” or a maximum of 4 years, whichever is shorter. For academic or research programs exceeding 4 years, such as doctoral programs, medical studies, or other long-term training programs, students cannot solely rely on the Designated School Official (DSO) issuing a new I-20; they must proactively submit an I-539 application for extension of stay to USCIS or exit and re-enter the country. In other words, the decision of whether a student can continue to stay in the U.S. will no longer be solely under the school’s management but will include increased scrutiny by federal immigration agencies.
With the new regulation, the grace period for F-1 visa holders post-completion of studies or Optional Practical Training (OPT) will be reduced from the current 60 days to 30 days. For J-1 exchange visitor visa holders, the grace period of 30 days will remain unchanged.
The new regulation imposes stricter limitations on international students for transferring schools and changing educational plans. Undergraduate students who have not completed a full academic year at their current school generally cannot transfer to another institution or alter their educational objectives. Graduate students will also face more restrictions when changing majors or degree levels during their studies. Additionally, students are generally prohibited from pursuing the same or lower degree level after obtaining a certain degree.
After the implementation of the new regulation, international students or exchange visitors who remain in the U.S. after the expiration of the stay limit on their I-94 without obtaining an extension approval will generally start accumulating days of Unlawful Presence from the day after the expiration date. Accumulating over 180 days of Unlawful Presence may result in a 3-year ban on entry to the U.S., while exceeding 365 days could lead to a 10-year entry ban.
Experts point out that the new regulation will have a greater impact on international students with longer academic timelines or more flexible educational plans. For these students, if they are unable to complete their studies or research plans within the stipulated duration on the I-94, they will now need to apply for an extension with USCIS instead of relying on the school’s international student office to update the I-20 for an extended stay.
The policy includes transitional provisions for different situations involving international students and visiting scholars. Current holders of D/S status within the U.S. who entered before the new regulation takes effect can generally continue under the previous management rules based on transitional provisions. However, those who exit and re-enter the U.S. after the effective date of the new regulation on September 15, 2026, will be subject to the new Fixed Period of Admission framework. U.S. Customs and Border Protection (CBP) will issue a new I-94 upon re-entry, specifying a specific end date in accordance with the new regulation.
In essence, international students re-entering the U.S. after the new regulation takes effect will no longer automatically fall under the previous D/S system but will be subject to the new in-country status management.
Stay vigilant regarding the I-94 record. After the implementation of the new regulation, the duration of stay on the I-94 will be a critical factor in determining legal status. Experts recommend that international students and visiting scholars check their I-94 records online as soon as they enter the U.S. to ensure the accuracy of their stay limits, rather than solely relying on dates on the I-20 or DS-2019 forms.
Plan for extension applications early. Those who may not be able to complete their academic or research programs within the valid period on the I-94 should plan for extensions in advance. As applications for extension using Form I-539 will be required in the future, it is advisable to allocate sufficient time to avoid a lapse in legal status due to processing delays.
Carefully arrange travel plans. If planning to exit and re-enter the U.S. after the new regulation takes effect on September 15, 2026, it is essential to understand the relevant regulations in advance. Upon returning to the U.S., the I-94 will indicate a specific end date for the stay, no longer operating under the traditional D/S management model.
Stay updated with official announcements. Since policies may be adjusted due to administrative measures or legal processes, international students should continue to monitor the latest information from the Department of State, DHS, USCIS, and the international student offices at their respective schools.
Experts emphasize that international students and visiting scholars currently in the U.S. holding D/S status should not panic at this stage. Regardless of policy adjustments, maintaining valid records in the Student and Exchange Visitor Information System (SEVIS) on the DHS website, complying with visa regulations, and promptly updating personal information and addresses remain crucial to maintaining legal status.