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New F-1 Rule: Four-Year Limit Starts September 15, 2026

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On September 15, 2026, the duration-of-status framework that governed F-1, J-1 and I admissions for nearly fifty years ends — replaced by a fixed admission date of no more than four years, and by extensions only USCIS can grant.

In Brief
What happened — DHS published a final rule at 91 FR 44976 on July 17, 2026, replacing admission for duration of status (D/S) with fixed periods of admission for F, J and I nonimmigrants.
Effective — September 15, 2026. Anyone admitted on or after that date receives a fixed end date printed on Form I-94.
What changes — F-1 and J-1 admissions are capped at the program end date on Form I-20 or DS-2019, not to exceed four years. Extensions go to USCIS on Form I-539, with biometrics and evidence of sufficient funds.
Who is affected — F-1 academic students, J-1 exchange visitors and I foreign media representatives, together with their F-2 and J-2 dependents.
Timing — Students in valid D/S status on September 15 keep their Form I-20 or DS-2019 end date, up to four years from that date, plus 60 days to depart for F and 30 days for J.
Caution — Staying past the new I-94 date starts unlawful presence automatically — no formal finding required. A denied extension carries no grace period at all.

For nearly fifty years, an F-1 student’s Form I-94 carried three characters where other visitors saw a date: D/S. As long as you stayed enrolled and followed the rules, you had permission to remain — no expiration, no renewal, nothing to file. On July 17, 2026, the Department of Homeland Security published a final rule ending that arrangement. Beginning September 15, 2026, students, exchange visitors and foreign media representatives are admitted to a date, and that date is printed on the I-94.

What replaces duration of status. An F-1 student is admitted for the length of the program shown on Form I-20, capped at four years — or the end date of an OPT or STEM OPT employment authorization document, whichever comes first. J-1 exchange visitors are admitted for the program period on Form DS-2019, also capped at four years. I nonimmigrants receive up to 240 days, or 90 days for holders of People’s Republic of China passports other than Hong Kong and Macau SAR passports.

The grace period is shorter. F-1 students get 30 days before the program start date to arrive and 30 days after the program end date to depart. That departure window used to be 60 days; the rule cuts it in half. Neither window counts against the four-year maximum.

Extensions now go to USCIS, not your registrar. Under duration of status, an international student office could extend a program in SEVIS and your lawful stay followed along. That is over. A student who needs more time must file Form I-539 with USCIS before the admission period expires — with an updated Form I-20, biometrics, evidence of sufficient funds and the filing fee — or depart and seek readmission at a port of entry. USCIS grants the extension at its discretion, and there is no appeal from a denial.

The accepted reasons are narrow. For F-1 students, DHS will consider compelling academic reasons, a documented illness or medical condition, or exceptional circumstances beyond the student’s control. A pattern of academic probation, suspension, or repeated inability or unwillingness to complete coursework is expressly not an acceptable reason to ask for more time.

The provision with the sharpest edge is unlawful presence. Under duration of status, unlawful presence did not begin to accrue until USCIS made a formal finding of a status violation or an immigration judge ordered removal. Under the new rule, a student who remains past the I-94 date without a timely extension generally begins accruing unlawful presence the following day. Accrue more than 180 days and then depart, and a three-year bar on returning attaches; accrue more than a year, and it is ten. This is the change most likely to turn an administrative lapse into a decade-long problem, and it is why the I-94 date now belongs on your calendar.

A denial leaves no cushion. If an extension of stay is denied, there is no grace period at all. The student must depart the United States immediately.

Changing schools or majors is restricted. An F-1 student generally must complete the first academic year at the school that admitted them; a transfer or a change of program objective during that year requires an express SEVP exception. Graduate students may not change programs at any point during the degree. A student who completes one program may begin a new one only at a higher educational level — which means a second master’s degree is no longer available in F-1 status. English language training is capped at 24 months in the aggregate, including breaks and annual vacation, though time spent in language training before September 15, 2026 does not count toward that cap.

Most work-authorization protections survive. The 180-day automatic extension for a timely filed STEM OPT application is unchanged, and so is cap-gap relief for F-1 students who are beneficiaries of cap-subject H-1B petitions. On-campus employment, severe-economic-hardship authorization and CPT carry a 240-day automatic extension while a timely extension of stay is pending. J-1 exchange visitors who are employment-authorized incident to status get the same 240 days. J-2 spouses do not — they need a valid EAD and a valid period of admission in order to work.

Behind all of it sits a practical problem. USCIS is carrying a backlog of more than eleven million pending cases, and Form I-539 processing has run from a few months to well over a year depending on the category and the service center. The rule assumes an agency that can decide extensions before students run out of time. Filing early is no longer good practice; it is the entire strategy.

4
Years
Maximum F-1 or J-1 admission period
30
Days to depart after your program ends, reduced from 60

Who is not affected on September 15

If you are in valid F or J status on September 15, 2026, nothing happens to you that day. You keep the program end date on the Form I-20 or DS-2019 that is valid on that date, up to four years from September 15, plus 60 days to depart for F nonimmigrants and 30 days for J. You do not need a corrected Form I-94.

Cap-gap protection is untouched. The STEM OPT automatic extension is untouched. And F-1 students who are in the United States on the effective date and who timely file Form I-765 for post-completion OPT or STEM OPT on or before March 18, 2027 do not have to file a separate Form I-539 for that period — narrow but valuable transition relief.

Two limits deserve stating plainly. The transition provisions do not reach anyone who is outside the United States when the rule takes effect, and they do not reach anyone already out of status. For K-12 families the picture is narrower still: the twelve-month limit on F-1 study at a public high school is unchanged.

One last note. Rules of this scope are routinely challenged in court, and the September 15 date could move. No student should plan on it.

Under duration of status, a student who fell out of status had to be found out. Under the new rule, the calendar does the finding.

Key dates

July 17, 2026DHS publishes the final rule at 91 FR 44976, ending admission for duration of status.
September 15, 2026The rule takes effect. New admissions carry a fixed end date on Form I-94, and the post-completion grace period drops from 60 days to 30.
March 18, 2027Deadline for F-1 students present on the effective date to timely file Form I-765 for post-completion OPT or STEM OPT without a separate Form I-539.
September 15, 2030The outer edge of the transition period — four years from the effective date, the longest any current D/S student can remain without filing an extension.
Before you travel

Leaving the United States after September 15, 2026 and returning means admission under the new framework — a fixed date on your Form I-94, whatever your Form I-20 says. The transition provisions protect students who are inside the country on the effective date; they do not protect a student who steps out and comes back. If you have travel planned this fall, let us look at your dates before you book.

What you should do now

  • Find your date. Pull your Form I-20 or DS-2019, note the program end date, and compare it to four years from September 15, 2026. Whichever comes first is your clock.
  • File early, not merely on time. With current USCIS backlogs, an extension filed at the last responsible moment can still leave you waiting past your I-94 date. Build the filing into your academic calendar, not your final semester.
  • Do not travel this fall without checking. Re-entry after September 15 places you under the new framework, regardless of what the transition rules would otherwise have given you.
  • If your program runs past four years, plan the extension now. Most PhD and MD programs do, and several professional programs as well. Know which of the three accepted reasons your case will rest on before you need it.
  • On OPT or STEM OPT, watch March 18, 2027. Timely filing Form I-765 on or before that date spares you a separate Form I-539 for the requested period.
  • Ask before you switch. First-year transfers, any graduate program change, and a second master’s degree are now restricted or barred outright. Confirm your options before you commit.
  • Never let the I-94 date pass. Unlawful presence now runs on its own — no hearing, no notice, no finding.
About the author
Tolga Ozek, Esq.

Founding attorney of Ozek Law Firm, LLC, licensed in Maryland, New York, California and the District of Columbia, guiding individuals, families and businesses through immigration and business matters.

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This article is provided by Ozek Law Firm, LLC for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. This article is current as of August 26, 2026. It describes the DHS final rule “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media,” published at 91 FR 44976 (July 17, 2026) and effective September 15, 2026. Rules of this scope are frequently the subject of litigation; confirm the current status of the rule before acting on it. For advice about your specific situation, please consult a licensed attorney.

Ozek Law Firm, LLC · 4500 East West Highway, Suite 150, Bethesda, MD 20814 · +1 (202) 854-8545 · info@ozeklaw.com · www.ozeklaw.com
Consultations in English, Turkish, and Spanish.

Tolga Ozek

Tolga Ozek is the founder of Ozek Law Firm, LLC in Bethesda, Maryland. His practice covers U.S. immigration and business law, including investor and intracompany-transfer visas, employment-based immigration, family-based green cards and naturalization. Licensed in Maryland, New York, Texas and the District of Columbia; the firm advises clients in English, Turkish and Spanish.