Proposed rule to eliminate ‘‘D/S” (Duration of Status)
5 May 2026
The proposed "Loss of D/S Rule" has moved to closer to the final publication stage. It is currently being reviewed by the Office of Information and Regulatory Affairs, and once approved, will be published in the Federal Register. We expect the effective date of the rule to be 60 days after the publication date.
14 November 2025
Final publication date for the D/S rule is still unknown, but given that DHS stated in its Notice of Proposed Rule Making (NPRM) that the final rule will be published at least 60 days prior to its effective date and given the academic calendar (many students graduating in the spring) - we might expect the final D/S elimination rule in Spring 2026.
Presuming the rule content finalized as it is as proposed, those immediately impacted include the following.
Post-docs on J-1 visas. If they are issued the DS-2019 for a 1- or 2-year increment because of funding limitations, they will have to apply for an extension to USCIS each year.
Any 1st year PhD student. PhD programs can routinely exceed four years – the maximum duration allowed under the proposed rule. Many PhD candidates might need to file for extensions in order to complete their degree.
Many engaged in graduate medical education. Foreign-born doctors participating in graduate medical education in the US must, will need to apply for extensions if their residency program exceeds four years.
Any Bachelors, Master’s, or PhD student pre-graduation who wants to apply for OPT. Given that DHS stated in its NPRM that the final rule will be published at least 60 days prior to its effective date and given the academic calendar (many students graduating in the spring) - we might expect the final D/S elimination rule to be published in spring 2026.
Note - you can also look the NPRM published by DHS (just search for "transition period ") to find the details from the agency (especially starting on p. 42084 and in new section 214.1(m) of proposed regulatory text).
30 September 2025
This is a proposed regulation to remove the Duration of Status (D/S) notation given to students upon admission to the U.S. If implemented as is, it would limit the duration of stay (D/S) allowed to international students and require extensions of stay to be filed with USCIS.
Background: F-1 students and J-1 students and scholars are admitted to the U.S. with a D/S notation, meaning they are admitted to the U.S. for “Duration of Status”, and not for a date-certain end date issued to most non-immigrant visitors. This means that if a student is studying at a U.S. college or university, they can extend their stay in the U.S. simply by requesting that extension from their immigration advisor at the admitting school. These immigration advisors, called “Designated School Officials” or DSO’s, review the reasons for the needed extension, enter the new end date in the Student and Exchange Visitor Information System ((SEVIS), and issue a new I-20 form, or DS-2019 form to the student or scholar. There is no required application to USCIS, no government application fee, and no lengthy processing delay based on government backlogs. This proposed rule changes the process for extensions and limits some other currently allowed F-1 and J-1 benefits such as changes of academic level, extensions, transfers, limits on length of programs.
If the rule is implemented as is, international students and scholars may face increased delays when applying to USCIS for status extensions, changes of academic programs, transfers to new schools; increased fees and government paperwork; and possible denials of requests based on USCIS interpretations of the academic requirements for each request. The comment period for this rule closes on October 27, 2025. The government must publicly address all submitted comments and make any needed changes prior to publishing the final rule.
