DHS Final Rule · Federal Register 2026-14439

F-1 Student Visa: 2026 New Rule Guide

In 2026 the U.S. Department of Homeland Security (DHS) issued a final rule replacing the decades-old “Duration of Status” (D/S) for F, J, and I nonimmigrants with a fixed admission date on the I-94. The impact goes beyond the date itself: many things once handled by your school and SEVIS must now be re-reviewed by USCIS through Form I-539 (extension of stay). This page helps you find the guidance that fits your situation.

Old  I-20 sets your stay · school / SEVIS driven New  I-94 has a hard end date · extend through USCIS

Core idea: you can no longer look at the I-20 alone. Under the new rule your lawful stay is set by the end date on your I-94, not the I-20. The rule takes effect Sept. 15, 2026 (60 days after publication); it remains a major rule subject to congressional review and could face litigation, but the effective date is set.

Key timeline: the dates that matter

The dates below are the same for every F-1 student—they are the baseline for understanding the new rule.

2026 · 7 · 17

Rule published

The final rule was published in the Federal Register. It was not yet in effect on that day, and the old rules still applied.

2026 · 9 · 15 Effective

New rule takes effect: fixed admission dates

Anyone who enters or files after this date gets a hard end date on the I-94. Admission is granted for the length of the program, up to 4 years (plus 30 days before arrival and 30 days to depart), and up to 24 months for language programs. If you don't extend or depart in time after the I-94 expires, unlawful presence begins to accrue.

How is your I-94 end date (AUD, Admit Until Date) calculated? The AUD is the last day you may lawfully stay. It is usually:

  • Programs under 4 years: I-20 Program End Date + 30 days
  • Programs over 4 years (e.g., doctoral): 4 years from the Program Start Date + 30 days
  • During OPT / STEM OPT: EAD employment end date + 30 days

Your AUD appears on your I-94 (look it up at the CBP I-94 website) and may differ from the Program End Date on the I-20—go by the AUD.

Tip: check the end date on your I-94; to extend your status later, you must proactively file Form I-539 (extension of stay) with USCIS.
2027 · 3 · 18 OPT / STEM OPT

End of the I-539 transition waiver

Eligible existing D/S students who timely file Form I-765 (work permit) for OPT or STEM OPT on or before March 18, 2027 generally do not need to file I-539. After that date, unless the government extends the waiver, you would file I-765 together with I-539 — or depart and re-enter with a new I-20 carrying the OPT recommendation to obtain a new I-94. You only need one of these paths, not both. DHS may extend the waiver in six-month increments.

Tip: if you expect to graduate in the first half of 2027 and want OPT, ask your DSO whether you can file the I-765 before this date.
2028 · 9 · 14 Flexibility

Transfer / change-of-objective limits may be delayed

Until Sept. 14, 2028, DHS may, at its discretion, delay or suspend parts of the limits on changing educational objective (including transfers, major changes, and degree-level moves) if it finds implementation infeasible. Any delay or suspension—and any later start date for enforcement—will be announced in the Federal Register and on SEVP's website (studyinthestates.dhs.gov), with at least 30 days' advance notice before enforcement resumes.

2030 · 11 · 14

Transition cap for current D/S students

Students who were already studying on the effective date, entered under D/S, and have not since left the U.S. may keep the old status up to the I-20 Program End Date (or the end of any OPT / STEM OPT valid on the effective date)—but in no case beyond 4 years from the effective date plus a 60-day departure period, i.e., Nov. 14, 2030. After that, everyone moves to a fixed period of admission.

Which situation are you in?

Pick the topic closest to where you are. Each page then breaks things down by your stage, with concrete examples.

This page is general information, not legal advice for any specific case. The rule was published on July 17, 2026 and takes effect on Sept. 15, 2026; it remains a major rule subject to congressional review and could face litigation. Everyone's status history, program length, travel history, and nationality differ greatly—before you take any action, consult your school's DSO and an immigration attorney.