As published in the Immigration Daily on August 10, 2026
DHS released its final regulation on F, J, and I visa categories on July 17, 2026, taking effect September 15, 2026. See the Federal Register notice.
This preliminary assessment focuses primarily on the effect on F-1 transition students holding duration of status (D/S) on 9/15/26. It also covers the questions that remain unclear, based on the text of the rule, comments from interested parties we’ve reviewed, and the DHS FAQs.
Key Points
- D/S continues for transition students. For F-1 transition students in the U.S. as of 9/15/26, D/S continues, including the standard 60-day grace period. D/S is capped at 11/14/30 (four years plus the 60-day grace period from 9/15/26) or the end date on the student’s I-20, whichever comes first. D/S can be lost if a student leaves the U.S. and re-enters — at that point, the student receives an AUD (Admit Until Date) I-94. For students who switch to AUD status, the post-graduation grace period is reduced from 60 to 30 days.
- The I-20 date controls. The I-20 that D/S students physically present in the U.S. hold on 9/15/26 governs the timeline described above. Students holding I-20s with short end dates who can extend them before 9/15/26 may want to work with their institutions to do so now.
- OPT/STEM OPT filing before 3/18/27. Students who have not left the U.S. on or after 9/15/26 can file for OPT or STEM OPT before 3/18/27 without needing to file Form I-539 (Application to Extend/Change Nonimmigrant Status) with USCIS. They can continue current practice and file only Form I-765 (Application for Employment Authorization). Note: the agency retains discretion to delay implementation of the I-539 requirement for transition students in six-month increments.
- I-539 required past the cap date. Once a transition student reaches the 11/14/30 cap date or their I-20 end date, they must file Form I-539 for any extension request beyond those dates — for example, to pursue more advanced schooling or a transfer requiring additional time.
- Extension I-20 choices. Transition students retain the choice to travel outside the U.S. and be readmitted by CBP, rather than filing an I-539 — though this may subject them to a consular interview instead.
- Unlawful presence is not retroactive. For D/S individuals, unlawful presence will only begin accruing from the rule’s implementation date of 9/15/26, not before.
New Rules to Note
(Assume each of the following applies to all students unless DHS later issues guidance delaying implementation or stating otherwise.)
- First-year undergraduates are prohibited from changing programs, majors, or education levels within their first year, unless SEVP grants an exception for extenuating circumstances.
- F-1 graduate students are entirely prohibited from changing programs, majors, or education levels, though transfers may still be permitted for extenuating circumstances.
- Students who have completed a U.S. degree program at a given level are prohibited from later enrolling in a program at the same or a lower level. They may only enroll in a higher-level program going forward.
- English language training program students are restricted to a 24-month period of admission.
- Public high school students — including those in charter schools or other taxpayer-funded schools — are limited to a combined total of 12 months to complete their course of study, including school breaks and annual vacation.
Open Questions and Observations
The DHS FAQ section addressing transition students could be clearer about whether the other provisions above apply only to students entering after 9/15/26, or to transition students as well.
It’s also worth noting that USCIS may delay or suspend, until 9/14/28, implementation of:
- the restrictions on transferring or changing educational objectives (major and education level),
- the requirement to maintain F-1 status while moving from one educational level to a higher one, and
- the prohibition on completing a program at one level and then moving to a program at the same or a lower level.
Overall, the regulation at times reads as a work in progress that needed more refinement, and arguably should not have been released in its current form.
