Starting September 15, 2026, the 'Duration of Status' (D/S) policy for F-1/J-1 visas will be replaced by a fixed period of stay, capped at four years.
A recent announcement from the U.S. Department of Homeland Security (DHS) has signaled a monumental shift in the landscape of U.S. international education, ending a 47-year‑old policy. Effective September 15, 2026, F-1 (student) and J-1 (exchange visitor) visa holders will no longer have their stay automatically extended for the duration of their studies. Instead, they will be granted a fixed period of stay, up to a maximum of four years. To continue their studies beyond that, they must undergo a formal extension review.
This is more than just an extra administrative step. It represents a fundamental paradigm shift in what it means to study in the United States.
The core change is the elimination of the 'Duration of Status' (D/S) practice, which has been in place since the 1970s. Until now, international students could legally remain in the U.S. for their entire course of study as long as they maintained a valid I-20 form. Under the new rule, students who need more time must apply for and receive explicit permission from U.S. Citizenship and Immigration Services (USCIS). This regulation will apply not only to new students but also to those already studying in the U.S.
| Aspect | Previous Rule (Until Sep. 14, 2026) | New Rule (From Sep. 15, 2026) |
|---|---|---|
| Method of Stay | Duration of Status (D/S): Automatically extended as long as studies continue | Fixed Period: Max 4 years, extension application required thereafter |
| Extension Process | Not required (I-20 extension suffices) | Must file Form I-539 with USCIS, requires review and approval |
| Who It Affects | N/A | All new arrivals and current students in the U.S. |
| Grace Period After Graduation | 60 days | 30 days |
| Changing Major/School | Relatively flexible | Strict limitations based on academic year and degree program |
Many parents might think, 'My child is a diligent, high‑achieving student, so this won't be an issue for us.' There is some logic to the view that this measure is intended to screen out a few non‑compliant students and will be a mere formality for the majority.
However, our focus is not on whether an individual student will pass the review. The critical point is the system's evolution from a predictable, 'rule‑based' framework to an uncertain, 'permission‑based' one.
Previously, the path from enrollment to graduation and Optional Practical Training (OPT) was transparent, provided a student maintained their legal status. Now, at critical junctures in their academic and professional journey, students must clear the unpredictable hurdle of a USCIS officer's 'discretionary judgment.' In fact, according to U.S. federal government data, the average time to complete a bachelor's degree is five years, and most doctoral degrees take well over five years. This means the majority of students pursuing degrees cannot avoid this 'permission' gate.
The process itself, with potential requests for more evidence or unexpected delays, can be a significant source of stress. Especially at time‑sensitive stages like the transition to post‑graduation employment (OPT) or an H-1B professional visa, administrative bottlenecks could mean your child's valuable career opportunities are jeopardized. According to the Embassy of the Republic of Korea in the USA, more than 25,000 Korean students, exchange visitors, and their dependent family members will be directly affected by this policy. It is by no means an issue that concerns only a handful of students.
The process of applying for an extension of stay (filing Form I-539) is not a simple paperwork exercise. USCIS will require applicants to submit biometrics and undergo background checks and fraud prevention screenings. The financial burden is also considerable. The online filing fee is $420, and the paper filing fee is $470. If the review process is lengthy and expedited processing is needed, an additional premium processing fee, potentially as high as $2,075, may be required.
With this change, the nature of studying in the U.S. expands from 'diligent academic pursuit' to include 'continuous immigration status management.' Planning for a U.S. education can no longer be just about creating an academic roadmap to graduation. It is now a time for much more sophisticated scenario planning that accounts for administrative uncertainties and unexpected costs at every stage of the journey.
The dates, figures, and sources cited in this article were verified from primary materials at the time of writing. As official rules, currency rates, and policies are subject to change, we advise you to confirm the latest information before making any major decisions. This article is not a guarantee of admission or an endorsement of any institution, but rather our editorial interpretation of publicly available data.
Does this apply to my child who is already studying in the U.S.?
Yes, it does. The rule applies to students present in the U.S. as of September 15, 2026. From that date, they will be considered to have a fixed stay of up to four years and will need to apply for an extension if their program is longer.
If my child is a good student, will the extension be approved without any issues?
While strong academic performance is a key factor, the extension review is a formal process involving biometrics, background checks, and an officer's discretionary judgment. Unexpected variables like document requests or processing delays can still occur.
What happens for long programs like a Ph.D. that naturally take more than four years?
According to U.S. federal data, most Ph.D. students will almost certainly need to file for an extension of stay (Form I-539) mid‑program. This is a new administrative and financial hurdle that must be factored into academic and financial planning.
Will this affect my child's post‑graduation work (OPT)?
Yes, it can. If the combined time for the degree and OPT exceeds the authorized period of stay, an extension might be required during OPT. Additionally, the grace period for job searching and preparing for a status change is cut from 60 to 30 days, creating a much tighter timeline.
How much does it cost to apply for an extension of stay?
Currently, the USCIS filing fee is $420 for online submission and $470 for paper submission. If the case is delayed and you need premium processing, an additional fee of $2,075 may apply, as announced by USCIS.
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