What is 'Duration of Status'?
When an international student or scholar arrives in the U.S., they are cleared for entry by a DHS and Customs & Border Protection (CBP) officer at the port of entry. The CBP officer issues documentation stating how long the student or scholar may remain legally in the U.S. Since the early 1990s, CBP has admitted students and scholars in F-1 or J-1 status 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 students and scholars to remain in the country as long as they are making normal progress towards completing their academic or research objectives. The proposed rule aims to eliminate D/S and replace it with a system that admits students and scholars with an exact date that coincides with the program end date noted on their Form I-20 or DS-2019, not to exceed four years.
Summary of the Proposed “Duration of Status” (D/S) Rule Change
The U.S. Department of Homeland Security (DHS) published a in August 2025 to end 'duration of status' (D/S) for F and J nonimmigrants. This includes students in F or J status, scholars in J status, and graduated students with OPT or STEM OPT authorization as well as all F-2 and J-2 dependents.
The proposed rule would eliminate the current D/S policy for international students and scholars, replacing it with a defined period of stay of no more than four years, plus a 30-day grace period (instead of the current 60-day grace period). If additional time is needed to complete program requirements, students and scholars would be required to apply to US Citizenship & Immigration Services (USCIS) for an extension of status. The proposed rule also introduces several other new requirements, such as restrictions on changes in major, level of study, and transfers during the first year.
Current Status of the Proposed Rule
The mandatory public comment period for this proposed rule ended in September 2025.
- DHS on May 5, 2026.
- The US Government
- The new laws eliminating D/S will become effective September 15, 2026.
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