Duration of Status FAQs
What is Duration of Status? What is changing?
Historically, whenever students and exchange visitors entered the U.S., a Duration of Status (or "D/S") admission allowed them to remain in the U.S. indefinitely as long as they were pursuing a full course of study. Due to a new federal rule, this will change for all students who enter the U.S. on or after September 15. Any student who enters the U.S. on or after September 15 will be subject to the new rule regardless of how many years they may have studied in the U.S. previously.
How will students who are already in the U.S. be affected when the new rule takes
effect?
- Students who are currently in the U.S. (and do not travel abroad) will not be significantly affected when the new rule takes effect on September 15. Current students will be allowed to remain in the U.S. until the Program End Date listed on their I-20 or up to 4 years, whichever is shorter.
- Students will not be required to file an Extension of Stay (EOS) when applying for OPT or STEM OPT for the first six months after the rule takes effect.
- Students who complete a program after September 15 will not be allowed to pursue another program of study at the same or lower educational level. Students may only go up the educational ladder (e.g. bachelor's to master's).
What happens if a student enters the U.S. after the new rule takes effect on September
15?
- Students will be given a fixed "Admit Until Date" (AUD) on their I-94 at their port-of-entry in the U.S. Students will be admitted for the length of their program as listed on their I-20 (up to a maximum of 4 years plus a 30-day grace period).
- If a student is in a program that typically requires longer than 4 years, the student will be required to either 1) File an Extension of Stay (EOS) in order to complete the program or 2) Leave the U.S. and re-enter to receive a new AUD.
- Students who submit a timely filed Extension of Stay may continue to work for up to 240 days. After 240 days, all employment must cease until the EOS has been adjudicated by USCIS.
- The grace period to leave the U.S. after finishing a program will decrease from 60 days to 30 days.
- Students may only begin a new program at a higher educational level.
- Graduate students will not be allowed to change majors or transfer to another school.
- Undergraduate and Intensive English students will not be allowed to change majors or educational objective during their first academic year of study.
- Undergraduate and Intensive English students must complete their first academic year of study at the school that initially issued their I-20. Transfers within the first academic year will not be permitted.
- Students in English language will be limited to a maximum of 24 months.
- Students filing for OPT or STEM OPT during the first six months after the rule becomes effective will not be immediately required to simultaenously file an Extension of Stay (EOS).
- If a student stays in the U.S. beyond the specified Admit Until Date (AUD) listed on their I-94, they will begin accruing unlawful presence in the U.S. A foreign national who has been unlawfully present for more than 180 days but less than one year may receive a 3-year bar on departure. Those unlawfully present for one year or more are barred from reentry for ten years. Any person who is subject to a reentry bar is also ineligible to apply for a visa, enter the U.S. for any purpose, or adjust their immigration status to permanent residence unless they are granted a waiver of inadmissibility or another form of relief.