Loss of D/S Regulation
Guide
An overview of the new Loss of D/S regulation; what is the implementation timeline, main changes being implemented, and how student and scholar populations may be impacted
Written by Robin Catmur-Smith, Managing Director of the International Student Resource Center
Last updated: August, 2026
Litigation Update: A lawsuit was filed on 18 August 2026 in the U.S. District Court for the District of Massachusetts challenging the legality of the new "Loss of D/S" rule by NAFSA; Association of International Educators, the Presidents' Alliance on Higher Education and Immigration, and multiple other organizations. The suit is requesting a preliminary injunction to halt the implementation of the rule which is set to take effect on September 15, 2026.
The filing challenges the rule under the Administrative Procedure Act, claiming that the government failed to properly consider and respond to many public comments on the rule, did not adequately assess the cost and benefits of the rule, failed to consider less burdensome alternatives, and did not adequately justify the rule based on its stated objectives.
You can access the full complaint and the memorandum in support of the request for a preliminary injunction from the Presidents' Alliance website. The motion hearing is scheduled for September 3, 2026 at 11am EST.
What is the Loss of D/S regulation?
The Department of Homeland Security has finalized a rule making significant changes that will affect F-1 and J-1 visa holders and their F-2 or J-2 dependents. The rule will affect the duration of their allowed stay in the U.S., require students to either file for extensions of stay in order to get more time to complete a degree or academic program; and imposes restrictions to academic program modifications and transfers for some students. The rule as published allows a 60-day grace period before implementation, so the effective date of the rule will be 15 September 2026, unless halted by legal challenges.
The final published rule
The rule was published in the Federal Register on 17 July 2026. You can access a copy of the rule here.
Main changes being imposed by this rule
Removes the “D/S” (duration of Status) notation currently given to F-1 and J-1 students and scholars and their F-2 and J-2 dependents when they enter the U.S. and instead assigns an “Admit Until Date” (AUD), which restricts the length of stay to the shorter of the duration of the academic program, or four years for degree students, and 2 years for ESL students.
Reduces the 60-day grace period currently allowed for F-1 international students to 30 days for students entering the U.S. after the effective date of the rule.
Allows two process options for gaining an extension of status:
Filing an I-539 Extension of Stay application with U.S. Citizenship & Immigration Services (USCIS) OR
Departure from the U.S. with an updated (extended) I-20 or DS-2019 form, and re-entry to the U.S. Inspection by Customs & Border Protection would assign a new extended Admit Until Date (AUD)
Limits ESL students to a maximum period of admission of two years. This seems to be imposed as a lifetime limit
Restricts students below the graduate level from changing their academic programs or majors, or transferring to a new U.S. school, during the first year of study, unless an exception is granted by SEVP.
Restricts graduate students from changing their academic programs or majors, or transferring to a new U.S. school, during their entire academic program, unless an exception is granted by SEVP. They would be allowed to change program levels, or transfer to a new school, after completion of the current program.
F and J students may only move to a higher degree level after completing one degree. Changes to a degree program at the same or lower level are prohibited.
Students filing an I-765 post-completion Optional Practical Training (OPT) application would also have to file an I-539 Extension of Stay application with U.S. Citizenship & Immigration Services (USCIS).
J scholars would be subject to the same admission and extension restrictions, although there is an allowance for longer contract dates to be entered in field 4 on the DS-2019, so perhaps J scholars on annual re-appointments would not have to file an extension application every year.
Transition provisions
F and J Students and J scholars in the U.S. with a D/S notation on their I-94 information sheets on the effective date of the rule will be offered some transition provisions.
F and J students in the U.S. with a D/S notation on their I-94 information sheets on the effective date of the rule will have the effective program end date of of the shorter of the I-20 or DS-2019 program end date, or 4 years for degree students, or 2 years for ESL students. They would be allowed to keep the 60 day grace period so long as they did not depart the U.S. and re-enter.
F students in the U.S. with a D/S notation on their I-94 information sheets on the effective date of the rule who are completing their programs and applying for post completion OPT will be allowed to file only the I-765 application, and will not be required to file the I-539 extension application as well, if they file the OPT application within six months of the effective date of the rule (18 March 2027). Students who miss the 18 March 2027 deadline will be required to also file the I-539 extension application with the I-765 application.
J scholars whose J-1 status has expired but who timely filed an EOS application on or before 6 months after the effective date of the final rule to engage in J-1 activities, including authorized training and employment, as permitted by the alien’s exchange visitor program, while the EOS application is pending with USCIS, for the period up to the program end date on the DS-2019
