Loss of D/S — I-94 End Date Guide
Guide
This is ISRC's interactive tool that helps F-1/J-1 students and scholars determine their new I-94 "Admit Until Date," grace period, and I-539 extension requirements under the incoming "Loss of D/S" rule taking effect September 15, 2026 (currently facing a court challenge).
Written by Robin Catmur-Smith, Deputy Director of the International Student Resource Center
Last updated: September 3, 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 read the full complaint on the Presidents' Alliance website here.
You can read the memorandum in support of the request for a preliminary injunction here.
Read our summary of the Loss of D/S rule here and our FAQ here.
The final regulation regarding the removal of the Duration of Status (D/S) notation previously given to F and J category visa holders was published on July 17, 2026. It will be effective September 15, 2026, unless halted by a court challenge. Due to this regulation, it will no longer be sufficient for students and scholars only to be issued an extended I-20 form or DS-2019 form from the sponsoring school in order to be allowed extended time for their academic program. In addition, effective September 15, 2026, if more time is needed to complete the academic program, they will need to process an extension application with U.S. Citizenship and Immigration Services (USCIS), or decide to leave the U.S. and re-enter with an updated (extended) I-20 or DS-2019 form. The flow chart below can help to determine a student's or scholar's actual status end date (now called an "Admit Until Date") following the effective date of the rule, and whether they are subject to the new requirement to file an extension of stay application I-539 form. It is important to note F and J status individuals may be able to travel outside the U.S. and re-enter with an extended I-20 or DS-2019 form in order to be given an extended period of stay through a Customs and Border Protection inspection at the U.S. Port of Entry, rather than filing the extension application with USCIS. Both options to extend the period of stay have costs and benefits, and students and scholars should be sure to consult with their academic immigration advisor, or personal immigration attorney about which path is best for them.
