Immigration Update
The U.S. Department of Homeland Security (DHS) is in the process of finalizing a regulation that would replace the current “Duration of Status" (D/S) admission framework with a fixed admission period.
This new regulation would impact F-1 and J-1 DePaul international students (including interns) and scholars and their accompanying F-2 and J-2 dependents. Dependents include one legal spouse and unmarried children up to the age of 21.
The Association of International Educators (NAFSA) has provided the following summary: “The DHS proposed rule change would replace the D/S admission with a fixed I-94 end date, require students and scholars to file a formal extension application with USCIS, shorten grace periods, and impose new limits on academic program changes. DHS argues the changes will improve oversight, program integrity, and national security, but institutions would face higher compliance costs and legal risks, enrollment impacts, and heavier advising burdens."
The proposed rule change remains under review as of May 6, 2026.
The proposed rule change was published in the Federal Register on August 28, 2025. On May 5, 2026, the Department of Homeland Security finalized its review of the final rule. The proposed rule is pending final review and clearance by the Office of Information and Regulatory Affairs within the Office of Management and Budget (OMB). The effective date of the final rule is 60 days after it is published in the Federal Register.
Representatives of ISS are discussing the rule's potential impacts with academic deans' offices and other campus units to help them understand the changes. Further information will be shared as it becomes available.
The proposed DHS rule change would:
- Replace the “Duration of Status" (D/S) Form I-94 Arrival/Departure Record for F-1 and J-1 students with a “Fixed Date Admission" I-94, which would list the Form I-94's end date as a specific end date that aligns with the academic program length or with four years, whichever is shorter. The current D/S I-94 system ties its validity end date to the international student's I-20 or DS-2019 end date, effectively meaning the length of time for the student to complete an academic program.
- Require students/scholars to file an Extension of Stay (EOS) application and pay a filing fee to the U.S. Citizenship and Immigration Services (USCIS) as part of a multi-step application process to extend lawful stay in the U.S. The current extension process is completed by a Designated School Official (DSO) or Alternate Responsible Officer (ARO) at a student's/scholar's U.S. university and does not require a formal government application.
- Shorten the current F-1 student grace period from 60 days to 30 days. The grace period is a period of lawful stay in the U.S. after completing an academic program during which an F nonimmigrant may prepare for departure from the U.S. Current rules allow an F-1 student to change education level, transfer schools, or apply for a change of immigration status or benefit during the 60-day grace period. Under the proposed rule, this period would be shortened to 30 days. There is no change to the J-1 student or scholar grace period since it is already set at 30 days.
- Cap the duration of English Language Training study to a total of 24 months.
- Restrict F-1 undergraduate students from changing “educational objective" or transferring to another U.S. higher education institution during their first year. Educational objective refers to a student's education level or major.
- Prohibit F-1 graduate students from changing “educational objective" or transferring to another U.S. higher education institution at any point in their studies.
- Prohibit F-1 students from pursuing another academic program at the same or lower education level. Students who previously completed an academic program in F-1 status in the U.S. would be allowed to matriculate at the same or lower education level.
This rule is not yet in effect. While no final requirements have been announced, current reports indicate the regulation will likely be published as soon as this summer, with implementation potentially beginning as early as Fall 2026. Until the rule is officially published in the Federal Register, details may change. This analysis is based on draft rules.
What could change?
Currently F-1 and J-1 students are admitted to the United States for “Duration of Status" (D/S). This allows students to remain in the U.S. as long as they:
- Maintain valid immigration status, and
- Continue to pursue their academic program or authorized practical training.
Under the new regulation, “Duration of Status" would shift to “Fixed Date Admission." This means students would instead receive:
- A specific end date on their Form I-94, and
- A requirement to take action before that date (such as applying for an extension, changing status, or departing the U.S.).
This change would fundamentally shift how students maintain lawful presence in the United States and may require more advance planning and documentation throughout their academic programs.
Who could be most impacted?
Draft versions of this regulation indicate that the fixed-date system would have a greater impact on students who:
- Transfer schools or academic programs
- Need additional time to complete their degree
- Plan to apply for Optional Practical Training (OPT) or STEM OPT
- Pursue multiple degree programs in the United States
- Travel internationally during their academic program
Because each student's situation is unique, early review and planning will be especially important if this rule moves forward.
What students can do now to prepare
While nothing is required at this time, there are proactive steps students can take now to better position yourself in case the regulation is finalized.
Consider the following questions:
- Is your expected graduation date after the program end date listed on your current I-20 or DS-2019?
- Next step: Go to the ISS Portal HERE under Student Requests and click on the I-20 Extension icon to request an I-20 extension as soon as possible. For a DS-2019 extension, contact your ISS advisor.
- Are you unsure whether you will complete your program by your current program end date?
- Next step: Meet with your academic advisor to confirm and discuss whether a program extension is needed.
- Are you planning to graduate in June or August 2026? Do you intend to apply for OPT?
- Next step: Apply for OPT as soon as you're eligible. To do so, go to the ISS Portal HERE under Student Requests and click on the OPT Recommendation I-20 icon to start the process as soon as possible. June graduates are eligible now. Fall graduates are eligible as soon as the fall term begins.
- Are you considering changing majors or academic programs at DePaul?
- Next step: Discuss this option with your academic advisor. Undergraduate students, click HERE for instructions on how to change your college, major, or minor.
- Are you considering transferring to another institution?
- Next step: If this is your goal, get admitted to your new institution and then go to the ISS Portal HERE under Student Requests. Click on the Intent to Transfer Out icon so that your SEVIS record can be transferred to the new institution as soon as possible.
- Are you planning international travel before the Fall 2026 term?
- Next step: Meet with your ISS advisor to discuss potential implications for your visa. If needed, go to the ISS Portal HERE under Student Requests and click on the Travel Signature icon for a new I-20 with an updated travel signature.
Stay informed
We understand that uncertainty around immigration regulations can be stressful. Please know that DePaul University is actively monitoring this situation and will continue to share clear, timely updates as soon as credible information becomes available.
If you have concerns or questions about how this potential change could affect you, we encourage you to connect ISS.