What is duration of status?
Previously, international students (on an F visa) and exchange visitors (on a J visa) entering the United States were granted a period of authorized stay of “d/s” for duration of status. This means that the person was authorized to stay in the US as long as they were active in their program of study, as determined by their school. This was convenient for US immigration officials, who did not have to process a new application every time someone graduated early or needed an extra semester. It was also convenient for schools and students, maximizing flexibility by letting schools determine the length of a course of study and any post-graduate work, rather than it being decided by the US government.
What is changing?
On July 17, 2026, the US government published a new rule that will go into effect on September 15, 2026. Under this new rule, international students and exchange visitors will no longer be granted an authorized stay of duration of status. Instead, they will be granted a fixed period of admission set at the length of their program, up to a maximum of four years plus a 30-day grace period (a reduction from the current 60-day grace period). The rule contains other changes such as new restrictions on transfers to other schools, changes in educational level or major, and others.
What if your program takes longer?
Students and exchange visitors who need to stay in the US for more than four years will have to file an application for an Extension of Stay with USCIS. These applications have a government filing fee of $420-470 USD and currently take five or more months to be processed. Requesting and paying for premium processing guarantees a response within 30 business days (six weeks), but it is expensive, costing $2965 USD, which many students will not be able to afford.
Students in PhD programs, doctors completing residency in J status, and other people studying and working at the highest levels are likely to be impacted the most due to the base duration of their programs. Students who need to remain in the US beyond their initial period of admission for any reason, including OPT (see below), will also be impacted.
What about OPT?
Optional Practical Training (OPT) is a temporary work permit that allows international students to work in the US for one or three years after they complete their studies in their related field. During this time, those students remain in F status. To receive OPT after the fixed period of admission on your I-94, an extension of status application will be required. This will add complexity to an already difficult timeline of graduating, getting hired, and waiting for USCIS to process your application because your status ends.
What about people already in the US on a duration of status stay?
The new rule is also somewhat retroactive, with special transition period rules for people on a duration of status in the US on September 15, 2026. The transition period lasts until your program end date (found on Form I-20/DS-2019) or the expiration of a work permit that is valid on September 15, 2026, whichever is later. The transition period cannot last beyond September 15, 2030. People in a transition period are not automatically required to get a new, fixed date period of stay I-94. However, anyone in a duration of status transition period who travels internationally will be given a fixed length of stay upon their readmission.
What should I do if I have questions?
The US immigration lawyers at Guberman // Appleby are here to assist you with your international student and exchange visitor questions. Please contact one of our Toronto immigration lawyers, by reaching out to our general line 416 548 7100 or via email info@gaimmlaw.com. Our immigration lawyers are always available to discuss any of your specific Canadian or US immigration queries, either virtually or in person. We look forward to hearing from you.
