DHS New F-1 Rule

Overview of DHS's New Final Rule Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure

DISCLAIMER

Touro University does not provide legal advice, and no information contained herein should be interpreted as legal advice. The information provided is for general informational purposes only. Questions or concerns regarding the specific DHS rule or its potential impact on a student's status should be directed to a qualified immigration attorney or other appropriate legal counsel.

This page does not serve to answer specific questions about any individual situation. This page is only to provide a broad overview and relevant information of the new rule.

The New Rule

On July 17, 2026, the U.S. Department of Homeland Security published a final rule introducing a fixed period of admission and extension of stay procedure (EOS) for F students.
Previously, F students were admitted into the United States for an unspecified period of time to pursue a full course of study at a Student and Exchange Visitor Program (SEVP) certified school or engage in authorized practical training following completion of their studies. This unspecified period of time was referred to as “duration of status.”
Under the new final rule, F students will be admitted to the United States for a fixed period of time instead of duration of status.

Fixed Period Admission

This fixed period of time is based on the length of a student’s program of study listed on their Form I- 20, “Certificate of Eligibility for Nonimmigrant Student Status,” not to exceed four years, plus a 30-day period for arrival and an additional 30-day period for departure.

New Restrictions onTransfers, Majors, and Degree-level Changes

Graduate-level students (master's, PhD, and above) cannot change majors, change educational level, or transfer schools at any point during the program, except in narrow cases approved by the Student and Exchange Visitor Program(SEVP).
Undergraduate and lower-level students cannot change majors, educational level, or transfer schools during the first year of the program, except in narrow SEVP-approved exceptions.
No student may move to a lower or equal educational level after completing a program (for example, master's to bachelor's, or bachelor's to bachelor's).

Extension of Stay (EOS)

F students who need additional time to complete their program of study, begin a new program of study, or to engage in post-completion OPT or STEM OPT must take additional steps to remain lawfully present in the United States.
Those students must request an EOS by applying for an EOS with the U.S. Citizenship and Immigration Services (USCIS).
When applying for an EOS with USCIS, students must complete and timely file the Form I-539, “Application to Extend/Change Nonimmigrant Status,” pay the required fee and provide required biometrics.

Transition Rules for Current Students

Students already in the United States under D/S when the rule takes effect may remain without filing an Extension of Stay (EOS) until their current Form I-20 Program End Date or the end of their Optional Practical Training (OPT) or Science, Technology, Engineering, and Mathematics OPT (STEM OPT), but no later than November 14, 2030.
Any student who travels internationally and re-enters the United States after September 15, 2026, may be placed under the new fixed-period rules.
Students already in F-1 status who file for post-completion OPT or STEM OPT by March 18,
2027, generally will not need to file a separate EOS.