Transitioning from Duration of Status (D/S) to Fixed Period of Stay
Updated: August 25, 2026
The Department of Homeland Security (DHS) has published a final rule that changes how F-1 (academic student) and J-1 (exchange visitor) students are admitted to the United States (U.S). While these changes introduce new immigration procedures, UH Mānoa remains committed to supporting our international students and exchange visitors throughout their academic journey. Students who maintain their immigration status and stay in communication with International Student Services (ISS) should be well positioned to continue their studies successfully.
Disclaimer: The International Student Services (ISS) office at the University of Hawaiʻi at Mānoa provides this information for general educational purposes only. It does not constitute legal advice. While we strive to provide the most accurate and up-to-date guidance based on current federal regulations, immigration laws are subject to frequent change. The University of Hawaiʻi at Mānoa is not responsible for any actions taken based on the information provided or for any consequences resulting from changes in federal policy. It is the personal responsibility of students to maintain their lawful nonimmigrant status. For complex legal matters, we recommend consulting with a qualified immigration attorney.
Rule Under Congressional Review
The new policy has been classified as a major rule subject to congressional review. The effective date is currently September 15, but congressional review could change the start date or terminate the rule. Higher education professional associations are urging Congress to halt or overturn the rule, and litigation may be imminent. A rule ending D/S was proposed in 2018 and overturned in court.
ISS will notify all international students if the situation evolves.
Impact to F-1 and J-1 Students
The Final Rule modifies the manner in which F and J nonimmigrant students are admitted to the United States. It restricts students’ admission to the U.S. to a fixed period of admission.. Extensions of stay will require adjudication by USCIS and will impose additional fees and processing times.
Glossary
- Admit Until Date (AUD): The specific calendar date on an I-94 record by which a student must depart the U.S. or have a timely filed Extension of Stay (EOS) application pending.
- Biometrics: A USCIS requirement for certain applications (like the I-539) where applicants must provide fingerprints, a photograph, and a digital signature to verify their identity.
- CBP (U.S. Customs and Border Protection): The federal agency responsible for admitting individuals into the United States at ports of entry (airports, land borders). They are the officials who determine your “Admit Until Date” upon entry.
- DSO (Designated School Official) / ARO (Alternate Responsible Officer): At UH Mānoa, the DSOs and AROs are the International Student Services (ISS) advisors who assist students with immigration status and compliance.
- Duration of Status (D/S): The previous policy that allowed F-1 and J-1 students to remain in the U.S. as long as they maintain their visa status and make normal academic progress.
- Extension of Stay (EOS): A request filed with USCIS using Form I-539 to extend your authorized period of stay beyond your current Admit Until Date (AUD), when permitted under DHS regulations.
- Form I-539 (Application to Extend/Change Nonimmigrant Status): The specific USCIS form used to request an Extension of Stay (EOS) if your program duration exceeds your Admit Until Date (AUD).
- Form I-765 (Application for Employment Authorization): The specific form used by F-1 students to apply for OPT and STEM OPT work authorization.
- Grace Period: The window of time allowed to depart the U.S. after completing your program or OPT; under the final rule, this is 30 days.
- I-94: The electronic arrival/departure record issued by CBP that documents your class of admission and your Admit Until Date (AUD).
- Optional Practical Training (OPT/STEM OPT) and Academic Training (AT): Authorized temporary employment or training directly related to your major area of study.
- SEVIS (Student and Exchange Visitor Information System): The electronic system used by the government to track student and exchange visitor records.
- Unlawful Presence: Time spent in the U.S. after an authorized period of stay has expired or after a status violation. Accruing unlawful presence can have severe legal consequences, including multi-year bars on re-entry to the United States.
- USCIS (U.S. Citizenship and Immigration Services): U.S. federal agency responsible for adjudicating Extension of Stay applications.
Resources
- Final Rule: Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media
- UH Mānoa ISS Website: www.hawaii.edu/issmanoa
- Study in the States: studyinthestates.dhs.gov
- Study in the States Quick Facts
- NAFSA (Association of International Educators): www.nafsa.org