Duration of Status
The U.S. Department of Homeland Security (DHS) has published its final rule ending “duration of status” (D/S) for international students, in addition to other changes. You can find the official rule on the Federal Register website.
Current Status
DHS published the final rule on July 17, 2026. It is scheduled to take effect on September 15, 2026, pending congressional review and potential litigation. Current F-1 rules remain in effect through September 14, 2026.
Upcoming Town Hall
Join us for a virtual Zoom meeting on August 24 at 12:00 p.m. to learn about the new rule and its major implications. You can also email international@santarosa.edu or schedule an appointment at any time if you have questions.
Summary of Changes
The final rule replaces admission for “duration of status” (D/S) with a fixed period of admission and changes how F-1 students extend their stay, transfer schools, change majors or educational levels, complete a program, and apply for post-completion Optional Practical Training (OPT). This page explains the changes in the new rule that are most important for F-1 students at Santa Rosa Junior College (SRJC).
| Topic | Current Rule | New Rule (9/15/2026) |
|---|---|---|
| Form I-94 | F-1 students are generally admitted for D/S. | Students who enter or reenter receive a fixed Admit Until Date (AUD) on the I-94 record, generally based on the Form I-20 program end date, not to exceed four years, plus 30 days. |
| Program extension | An eligible program extension is authorized by the Designated School Official (DSO) in the Student and Exchange Visitor Information System (SEVIS). | To file with United States Citizenship and Immigration Services (USCIS), the DSO recommends the extension in SEVIS and issues an updated Form I-20. Alternatively, the student may depart the U.S. with an updated Form I-20 and seek a new AUD from Customs and Border Protection (CBP). |
| Post-completion departure period | Generally 60 days after completing the program or authorized practical training. | Reduced to 30 days. Students covered by the transition provisions may retain 60 days unless they later depart the U.S. and receive a fixed period of admission. |
| Transfer or major change | Generally permitted when current F-1 requirements are met. | Students cannot transfer schools or change majors during the first academic year of a program unless the Student and Exchange Visitor Program (SEVP) authorizes an exception. |
| Change of education level | A student may pursue another program at the same, higher, or lower level, if otherwise eligible. | After completing a program on or after September 15, an F-1 student may only pursue a program at a higher educational level. |
Fixed Admit Until Date (AUD)
A student who enters or reenters the U.S. in F-1 status on or after September 15, 2026 may be admitted through the program end date on their Form I-20, not to exceed four years, plus a 30-day departure period. The exact end date will appear as the AUD on the student’s electronic Form I-94.
A student who needs to continue in F-1 status beyond their current AUD generally has two options:
- Apply to USCIS for an extension of stay using Form I-539.
- Obtain an updated Form I-20, depart the U.S., and receive a new AUD from CBP upon reentry.
Program Extensions and Extensions of Stay (EOS)
An updated Form I-20 changes the program end date in SEVIS, but it does not by itself extend a student’s authorized stay in the U.S. To remain beyond the current authorized period, the student must also file Form I-539 with USCIS or depart and seek a new AUD from CBP.
An EOS request through USCIS generally requires:
- An updated Form I-20 endorsed with the DSO’s recommendation and new program end date.
- The required USCIS filing fee ($470 paper or $420 online).
- Evidence of sufficient financial support for the additional period.
- Any biometrics required by USCIS.
- Evidence explaining the reason additional time is needed.
The rule identifies the following general qualifications for an EOS:
- A compelling academic reason;
- A documented illness or medical condition supported by qualifying medical documentation; or
- Circumstances beyond the student’s control, such as a natural disaster, national health crisis, or school closure.
Important: USCIS decides each extension of stay application individually, and approval is not guaranteed. Delays caused by academic probation or suspension, or by a student’s repeated inability or unwillingness to complete the program, are not acceptable reasons for an extension.
Request your program extension from SRJC before the program end date on your Form I-20. USCIS generally recommends filing Form I-539 within the six months before your current AUD. A late program-extension request may also require you to file for reinstatement. Premium processing is not currently available for extension of stay applications.
Travel Instead of Filing with USCIS
The rule allows a student to depart with a valid Form I-20 reflecting the later program end date and request a new period of admission from CBP. A transfer student would use the transfer-in Form I-20 issued by the new school. This option may avoid filing Form I-539 with USCIS, but reentry is never guaranteed. The student generally must have a valid F-1 visa and must not be subject to a travel ban or other entry restriction. Students considering this option should consult ISP before making travel plans.
Frequently Asked Questions
- Does the new rule apply to me if I am already in the U.S.?
Yes. If you are maintaining F-1 status, are in the U.S. on September 15, 2026, and your Form I-94 shows D/S, special transition rules will apply. In most cases, your authorized stay will be based on the Form I-20 or EAD that is valid on September 15, 2026. You may also retain the existing 60-day departure period.
- Will my current Form I-94 automatically change from D/S to a date?
No. Your Form I-94 will continue to show D/S while you remain in the U.S. However, this does not mean that you may stay indefinitely. Under the transition rules, your authorized stay will generally be based on the Form I-20 or EAD that is valid on September 15, 2026. After you depart and reenter, CBP will issue a new Form I-94 with a fixed AUD.
- Can I travel and reenter instead of filing Form I-539?
Possibly. For a program extension or transfer to a higher educational level, you may depart the U.S. with an updated or transfer-in Form I-20 and request a new AUD from CBP when you reenter. You generally must have a valid F-1 visa and must not be subject to a travel ban or other entry restriction. Reentry is never guaranteed, so consult ISP before making travel plans.
- Can I transfer from SRJC to another school?
Yes, but the requirements depend on when you transfer and whether you complete your program of study at SRJC.
A school transfer during the first academic year of a program is generally prohibited unless SEVP authorizes an exception. After completing the first academic year, you may transfer to any SEVP-certified institution. However, after completing your program of study at SRJC, you may only transfer to a program at a higher educational level, such as a bachelor’s degree program. Under the new rule, students cannot transfer to another community college or an Intensive English Program (IEP) after completing an SRJC program.
- When do I need to apply for an extension if I transfer to a university after completing my program at SRJC?
You do not necessarily need to file Form I-539 at the time of transfer. However, receiving a transfer-in Form I-20 does not automatically extend your authorized stay in the U.S.
You must take action before your current authorized period ends if the program end date on the university’s Form I-20 is later than:
- The AUD on your Form I-94; or
- If your Form I-94 still shows D/S, the program end date on the Form I-20 that was valid on September 15, 2026, plus the applicable 60-day departure period.
In that situation, you must either file Form I-539 with USCIS or depart the U.S. and seek a new AUD from CBP using the university’s transfer-in Form I-20.
Because most bachelor’s degree programs will continue beyond the period authorized for your SRJC studies, most students transferring to a university will eventually need to complete one of these steps. Meet with the international student advisor at your new university immediately after transferring to understand your individual timeline and options.
- Can I change my major at SRJC?
No, not during the first year of an academic program. After completing one year, a student may change majors if all other F-1 requirements are met. If the new major extends your program beyond your current AUD, you will also need to file Form I-539 or depart and seek a new AUD. Meet with your counselor and ISP before changing your major.
- Can I complete one SRJC program and then begin another?
No. If you complete an SRJC program on or after September 15, 2026, you may only pursue a new program at a higher educational level, such as a bachelor’s degree program. For purposes of this rule, SRJC certificates, associate degrees, and nondegree programs are all considered to be at the same educational level.
It is very important to meet with an SRJC counselor early and often. Your counselor can help you select the right program, create an education plan, and make sure your program supports your academic and transfer goals.
- What should I do after I travel?
Retrieve your electronic Form I-94 after every entry to the U.S. Confirm that your name, F-1 classification, and AUD are correct, and contact ISP immediately if the record does not match your Form I-20 or expected admission period.
- Can I continue studying and working while Form I-539 is pending?
You may continue studying while a timely filed Form I-539 is pending.
If you file before the 30-day departure period begins, your current on-campus employment or Curricular Practical Training (CPT) authorization may also continue while the application is pending. This automatic employment extension ends when USCIS decides your application or 240 days after your Admit Until Date, whichever comes first. CPT cannot continue beyond the CPT end date on your Form I-20.
If USCIS receives Form I-539 during the 30-day departure period after your program or practical training ends, you may continue studying, but you may not begin or continue working or participating in practical training until USCIS approves the extension and, if required, the employment authorization.
- How does the new rule affect students on OPT?
If you were in the U.S. on September 15, 2026, your Form I-94 shows D/S, and you timely file Form I-765 for OPT on or before March 18, 2027, you will not need to file Form I-539 for the requested OPT period (as long as you remain in the U.S.). If you depart before filing Form I-765 and reenter with a fixed AUD, or if you apply for OPT after March 18, 2027 and your authorized stay does not cover the full requested OPT period, you will generally need to file Form I-539 in addition to Form I-765.
Under the new rule, the latest date to apply for post-completion OPT and the latest requested employment start date will be 30 days after the Form I-20 program end date, rather than 60 days.
SRJC does not recommend international travel while an OPT application is pending. Contact ISP before applying for OPT or making travel plans.
- How does the new rule affect F-2 dependents?
An F-2 spouse or unmarried child under age 21 cannot remain in the U.S. longer than the F-1 student. If the F-1 student applies for an extension of stay, each F-2 dependent who will remain in the U.S. during the additional period must also apply at the same time. The dependent may be included as a co-applicant on the F-1 student’s Form I-539 using Form I-539A or may file a separate Form I-539.
This requirement also applies if the F-1 student traveled and reentered the U.S. with a fixed AUD, even if the F-2 dependent remained in the U.S. and did not travel.
- Do I need to take action now?
Continue maintaining F-1 status and review your Form I-20 program end date. Contact ISP now if you expect to need more time, plan to travel on or after September 15, are considering a transfer or major change, expect to complete a program and begin another, or plan to apply for OPT.
Resources
- Federal Register: Final Rule Publication
- Study in the States: Quick Facts and FAQs
- International Student Resource Center (ISRC): Final Rule Review and FAQs
- NAFSA: Duration of Status Hub