New F-1 Rule: International Students Capped at Four Years (2026)

Client Alert · USCIS / DHS · International Students

The Department of Homeland Security has ended the decades-old “duration of status” system for international students. Beginning September 15, 2026, most F-1 students, J-1 exchange visitors, and I-visa journalists will be admitted for a fixed period of no more than four years — after which they must ask U.S. Citizenship and Immigration Services (USCIS) for more time. For students already in the country in valid status, there is transition relief, but everyone in these categories should understand the new clock and plan around it.

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Who is not affected

If you are a U.S. citizen, lawful permanent resident (green card holder), or on a different nonimmigrant status such as H-1B, L-1, O-1, or TN, this rule does not change your status. It applies specifically to F (academic students), J (exchange visitors), and I (foreign media) nonimmigrants. If your F-1 or J-1 program will comfortably finish within four years and you do not plan to change programs, your day-to-day experience may change very little — the main difference is that your I-94 will now carry a specific expiration date instead of the open-ended “D/S.”

What “duration of status” meant — and what changes

For nearly 50 years, F-1, J-1, and most I nonimmigrants were admitted for “duration of status.” As long as you kept up your program and followed the rules, you could remain in the United States with no fixed end date on your I-94. The new rule scraps that framework. Going forward, you are admitted for a set period — the length of your program, but never more than four years — with a fixed expiration date printed on your record. When that date approaches, staying lawfully is no longer automatic: you must affirmatively request an extension.

Old rule vs. new rule

Under the old system, your Designated School Official (DSO) or Responsible Officer (RO) could update your program end date in SEVIS, and that update kept you in lawful status. Under the new system, the SEVIS record and a valid Form I-20 or DS-2019 still matter — they must support your requested end date — but a DSO’s SEVIS action alone no longer extends your lawful presence. Instead, extensions move to USCIS: if you need time beyond your fixed admission date, you file a formal Extension of Stay application, and a USCIS officer decides it. These decisions are discretionary, which means a student who has done everything right can still receive a denial.

The practical shift is from “as long as you’re enrolled” to “until a specific date — and it’s on you to renew before it passes.”

Programs longer than four years, transfers, and changing majors

The four-year cap creates real planning issues for anyone whose program runs long — many PhD candidates, certain MD and professional-degree students, and students combining a degree with practical training. If your program cannot finish within the fixed period, you will need to either file an Extension of Stay with USCIS before your authorized stay expires, or depart and seek readmission.

DHS also tightened the rules on moving around. Undergraduate-level F-1 students generally cannot transfer schools or change majors within their first academic year without an approved exception. Graduate-level students generally cannot change majors at all during a program and generally cannot transfer. After finishing one educational level, F-1 students may generally move only to a higher level, not sideways or down. Standalone English-language training is capped at 24 months total.

If you are already in the U.S. in F or J status

You are not cut off on September 15. If you are in valid D/S status on the effective date, you may generally remain until the program end date on the Form I-20 or DS-2019 that is valid that day — up to a maximum of four years from the effective date — followed by the applicable departure period. Two cautions: first, international travel after the effective date generally subjects you to the new fixed-date system when you return, so plan trips carefully and talk to your DSO and your attorney first. Second, if your program will run past the four-year transition ceiling, build in time to file an Extension of Stay well before your authorized stay ends.

A note for those heading toward H-1B and OPT

Importantly, this rule does not eliminate H-1B “cap-gap” protection. F-1 students who are beneficiaries of a cap-subject H-1B petition generally keep their existing automatic extension of status and work authorization under the cap-gap provisions. That said, graduates working on OPT or STEM OPT now operate under a hard four-year admission clock layered on top of their EAD dates. If your fixed admission period could expire before an H-1B change of status is finalized, address it early. The rule provides certain authorized-stay protections for timely-filed extension applications, but the details — and the limits on continued work — matter, so get advice specific to your timeline.

What you should do now

• Find your dates. Check the program end date on your current I-20 or DS-2019 and understand when your four-year clock would run.
• Map long programs early. If you are in a PhD, MD, or other program likely to exceed four years, plan your Extension of Stay filing well in advance — USCIS processing times are long.
• Think twice before traveling. After September 15, a trip abroad can move you into the new fixed-date system on re-entry. Confirm the impact before you book.
• Pause on transfers and major changes. Check the new first-year and graduate-level restrictions before you switch schools or programs.
• Keep your DSO and your attorney in the loop. The SEVIS record still matters, but it no longer extends your stay by itself.

How Ozek Law Firm can help

Ozek Law Firm helps students, scholars, and families navigate exactly this kind of change — reviewing your I-20 or DS-2019 and travel plans, timing and preparing Extension of Stay applications, coordinating OPT/STEM OPT and H-1B transitions, and building a plan for programs that run past four years. If you or a family member is in F, J, or I status, we can review your situation and give you a clear plan before your dates become urgent.

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Ozek Law Firm, LLC · 4500 East West Highway, Suite 150, Bethesda, MD 20814 · +1 (202) 854-8545 · info@ozeklaw.com · www.ozeklaw.com
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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. Immigration rules change frequently and apply differently to each person’s facts. For advice about your specific situation, please consult a licensed immigration attorney. Effective date and rule details are based on the DHS final rule published in the Federal Register on July 17, 2026, effective September 15, 2026.