2026 D/S Rule Change

Here’s a summary of what we know right now. 

Currently, international students and scholars are admitted to the United States for “duration of status,” meaning they can legally remain in the U.S., with no fixed end date, so long as they are making progress in their educational or research program or are engaging in Optional Practical Training or Academic Training.

For new visa applicants, changes that would take effect under the new rule include, but are not limited to:

• Replacing duration of status with a maximum fixed stay of four years or the length of the program, whichever is shorter, plus a 30-day grace period for departure (down from 60 days for F visas).
• Requiring those who need additional time beyond the fixed term to apply to U.S. Citizenship and Immigration Services for an Extension of Stay (EOS) and to demonstrate a compelling reason for approval.
• Providing an automatic extension of 240 days while an application for EOS is pending.
• Allowing students who completed a program at one level to pursue another higher degree only (no lateral or lower degrees).
• Prohibiting graduate students from changing their “educational objectives” (defined in the rule to mean “educational level or major”) at any point.
• Prohibiting undergraduate students from changing their “educational objectives” (defined in the rule to mean “educational level or major”) in their first year, absent specific extenuating circumstances.

Dependents would be subject to the same fixed-term admission structure and extension requirements as primary F-1 and J-1 visa holders.  

For current or incoming students and scholars who are in the U.S. and in F or J status as of the effective date, the rule would be phased in over time.   

• Current students and scholars would be authorized to remain in the U.S. without needing to file an EOS until the later of the program end date on their I-20 or DS-2019 or the expiration of their post-completion work authorization, up to a maximum of four years from the effective date.
• The 60-day grace period for these F-visa holders and the 30-day grace period for J-visa holders would remain in place.
• However, if a current student or scholar (or dependent) leaves the U.S. and returns after the effective date, the new rule would apply upon reentry.

We understand that the rule change, and the lack of clarity surrounding it, has been confusing and unsettling for all of us across higher education. We are fielding many questions, and over the last several weeks have continued to gather more information through our work with national higher education associations, but it is possible we may not have clarity around some of those questions by the effective date, if the rule eventually does move forward.

This is a fluid situation, and there are many nuances. In particular, we are aware of specific questions about how the rule change affects dual/joint-degree programs and international travel. If the rule does eventually move forward, and unless we hear otherwise: 

• We recommend that J-1 scholars and F-1 and J-1 international students registered in on-campus programs for the fall term try to be physically present in the United States on the rule’s effective date.  
  • Current students and scholars present in the U.S. on the rule’s effective date would be authorized to remain in the U.S. without filing an Extension of Stay request until the later of the program end date on their I-20 or DS-2019 or the expiration of their post-completion work authorization, up to a maximum of four years from the effective date. 
  • The 60-day grace period for these F-visa holders and the 30-day grace period for J-visa holders would remain in place. 
  • If an international student or scholar (or dependent)—including one who was physically present in the U.S. on the effective date—leaves the U.S. and re-enters after the effective date, the new rule would apply upon reentry, as described below. 
• The rule would limit how and when F-1 students can shift to a different course of study or program level during their studies. We are working to understand the particular impacts this may have on each of our dual and joint degree programs. Your School will be back in touch with more information as soon as it is available. 
• International travel after the effective date may result in the Admit Until Date (AUD) on your Form I-94 being changed to match the program end date on your I-20/DS-2019, which may affect how any future extensions of status are granted.  
• On August 18, the Presidents’ Alliance on Higher Education and Immigration, the Association of Independent Colleges and Universities in Massachusetts, and NAFSA, among others, filed a lawsuit in the U.S. District Court in Boston seeking to invalidate the rule. On September 14, the court issued a preliminary injunction, suspending the rule during the course of the litigation. The outcome of the litigation is uncertain (as it is with any litigation at this stage); we will monitor this case as it moves through the legal process and will communicate any impact on the rule change or our guidance. 

The HIO will continue to update this page – please bookmark it and check back often for updates.

Please be aware that the HIO is experiencing a very high volume of calls and emails at this time, and response times may be slower than usual. We appreciate your patience.