Loss of Duration of Status (D/S) Interactive Flowchart for F-1 and J-1 visa holders
Loss of D/S — I-94 End Date Guide
Background
The final regulation regarding the removal of the Duration of Status (D/S) notation previously given to F and J category visa holders was published on July 17, 2026. It will be effective September 15, 2026, unless halted by a court challenge. Due to this regulation, it will no longer be sufficient for students and scholars only to be issued an extended I-20 form or DS-2019 form from the sponsoring school in order to be allowed extended time for their academic program. In addition, effective September 15, 2026, if more time is needed to complete the academic program, they will need to process an extension application with U.S. Citizenship and Immigration Services (USCIS), or decide to leave the U.S. and re-enter with an updated (extended) I-20 or DS-2019 form. The flow chart below can help to determine a student's or scholar's actual status end date (now called an "Admit Until Date") following the effective date of the rule, and whether they are subject to the new requirement to file an extension of stay application I-539 form. It is important to note F and J status individuals may be able to travel outside the U.S. and re-enter with an extended I-20 or DS-2019 form in order to be given an extended period of stay through a Customs and Border Protection inspection at the U.S. Port of Entry, rather than filing the extension application with USCIS. Both options to extend the period of stay have costs and benefits, and students and scholars should be sure to consult with their academic immigration advisor, or personal immigration attorney about which path is best for them.
Notes about the flowchart information
- Students and scholars who entered before September 15, 2026 and are inside the U.S. on September 15, 2026 will not be issued a new I-94 with a fixed end date, but will be deemed to have an authorized "admit until date" (AUD) under the transition regulations. The admit until date for these students and scholars will be set to the program end date on their Form I-20 or DS-2019, or four years, whichever is shorter, plus a 60-day grace period for F-1s and 30 days for J-1s.
- If a student or scholar inside the U.S. departs the U.S. and re-enters on or after September 15, 2026, they will be issued an I-94 at the time of re-entry with an actual "AUD", including applicable grace period. F-1s will receive a shorter grace period - 30 days instead of 60 days. Likewise, if an F-1 student inside the U.S. applies for and receives an extension of stay from USCIS, the grace period will be reduced to 30 days.
- Note that while travel and re-entry is an option if students need additional time to complete their academic program, it is not considered an "extension of stay" with USCIS. Instead, it is a way for them to be inspected by CBP at the Port of Entry, readmitted based on the updated (extended) I-20 or DS-2019 form, and given an updated Admit Until Date.
- While CBP should admit students or scholars with an admit until date that is the shorter of the form end date, or four years, CBP may give a shorter end date if the passport expiration date is earlier than the form dates.
- If a student or scholar fails to file the extension of stay application (I-539) prior to their current program end date (for example, if the I-539 is filed during the grace period after the program completion), they will lose the eligibility for 240 days of automatic extension of on campus work permission, CPT, and severe economic hardship.
- The information provided below is provided under the assumption the new regulation will be effective September 15, 2026. If the effective date is delayed due to litigation or challenges to the rule, this information may change. Be sure to check with your academic immigration advisor at your admitting or sponsoring school.
Below, select your visa type/category, and then your situation to see projected new I-94 end dates, grace periods & I-539 requirements