Summary of the Proposed "Duration of Status (D/S)" Rule Change

Issue at a Glance

The U.S. Department of Homeland Security (DHS) proposed a federal rule change to end “duration of status” (D/S) for nonimmigrants granted entry to the U.S. in F, J, or I status. Duration of status refers to the period of lawful stay a nonimmigrant in F, J, or I status is granted upon entry to the U.S. on the Form I-94. (The I nonimmigrant visa status is not a visa type sponsored by University of Maryland College Park.)

Only F-1 and J-1 international students (including interns) and scholars, and their accompanying F-2 and J-2 dependents, are within the scope of University of Maryland College Park’s likely exposure to this proposed rule change. 

The Association of International Educators (NAFSA) has provided the following summary: “DHS proposed rule change would replace the D/S admission with a fixed I-94 end date, require students and scholars to file a formal extension application with USCIS, shorten grace periods, and impose new limits on academic program changes. DHS argues the changes will improve oversight, program integrity, and national security, but institutions would face higher compliance costs and legal risks, enrollment impacts, and heavier advising burdens.”

Current Status of the Proposed Rule

The proposed rule change remains under review as of May 15, 2026.

The proposed rule change was published in the Federal Register on August 28, 2025. Public comments were accepted through September 29, 2025. Public comments are reviewed by DHS, then a final rule is submitted to the Office of Management and Budget (OMB) for review before DHS publishes its final rule in the Federal Register. On May 5, 2026, the Department of Homeland Security finalized its review of the final rule. Although the final rule has yet to be formally published in the Federal Register, it is highly anticipated to take effect this summer, carrying significant implications for our current student population. The proposed effective date of the final rule is 60 days after it is published in the Federal Register.

ISSS is closely monitoring this proposed change. Representatives of several university offices (SVPAAP, Graduate School, OIA, Undergraduate Studies and ISSS) are discussing the rule’s potential impacts. Further information will be shared as it becomes available.

The proposed DHS rule change would:

1. Replace the Form I-94 Arrival/Departure Record “admit until date” of “duration of status” (D/S) with a specific end date that aligns with the academic program length or four years, whichever is shorter. The “admit until date” is the period of lawful stay in the U.S. The current D/S “admit until date” allows students and scholars to remain in the U.S. until their F-1/J-1 activities end, without a fixed or defined end date.
    
2. Require students and scholars to file formal Extension of Stay (EOS) application and application fee to the U.S. Citizenship and Immigration Services (USCIS) as part of a multi-step application process to extend lawful stay in the U.S. The current program extension process is completed by a Designated School Official (DSO) or Alternate Responsible Officer (ARO) at a student’s/scholar’s U.S. university and does not require a formal government application or a fee.
    
3. Prohibit F-1 graduate students from changing “educational objective” or transferring to another U.S. higher education institution at any point in their studies.
    
4. Prohibit F-1 students from pursuing another academic program at the same or lower education level. Students who previously completed an academic program in F-1 status in the U.S. would not be allowed to matriculate at the same or lower education level.
    
5. Restrict F-1 undergraduate students from changing “educational objective” or transferring to another U.S. higher education institution during their first year of F-1 study. Educational objective refers to a student’s education level or major.
    
6. Shorten the current F-1 student grace period from 60 days to 30 days. The grace period is a period of lawful stay in the U.S. after completing an academic program during which an F nonimmigrant may prepare for departure from the U.S. Under the proposed rule, this period may be shortened to 30 days. There is no change to the J-1 student or scholar grace period as it is already set at 30 days.
    
7. Cap the duration of English Language Study to 24 months in aggregate.
    

If implemented as proposed, U.S. higher education institutions will face greater compliance costs and legal risks; need to reorganize administrative and operational processes; and face potential increases in immigration and academic advising responsibilities. ISSS will continue to monitor the rule change and will send out further information as it becomes available.  Please watch for ISSS information over the summer.