The U.S. Department of Homeland Security (DHS) has officially repealed the F-1 visa Duration of Status (D/S) system, which had been in place for nearly half a century. The new rule takes effect on September 15, 2026.

The U.S. Department of Homeland Security (DHS) has officially repealed the F-1 visa Duration of Status (D/S) system, which had been in place for nearly half a century. The new rule takes effect on September 15, 2026.

Moving forward, international students will no longer benefit from the lenient rule allowing legal residence merely by maintaining full-time enrollment. The I-94 will now carry a fixed expiration date, with a 4-year maximum stay limit. Restrictions on school transfers and major changes have been tightened, and the post-graduation grace period has been drastically shortened.

This new policy is more than a regulatory revision on paper; it will fundamentally reshape everyone’s U.S. study-abroad plans. This article compiles the 13 most frequently asked questions, cuts through dense regulatory jargon, and provides actionable implementation strategies.

## 1. What if you pick the wrong major? Clear restrictions on internal transfers and major changes for undergraduates and graduate students

Many students find their selected major is not a good fit after enrollment, yet the new policy imposes strict requirements:

✅ Undergraduate students: In most cases, internal major changes and SEVIS school transfers are prohibited during the first year of study. Special approval is only available under extremely rare SEVP circumstances such as natural disasters or institutional closure. The safe approach is to complete the first academic year in full, then apply for an internal major change or cross-institutional transfer after the academic year ends.

✅ Master’s and doctoral students: Changing research tracks or transferring to another school is almost not permitted during studies, with very narrow exceptions.

Graduate students have only three viable options:

1. Complete the current degree program, and only pursue further advanced studies afterward (e.g., continue from a master’s to a doctoral program; studies at the same academic level are not recognized).

2. Withdraw from the program and depart the U.S. if you cannot continue your studies.

3. File Form I-539 to change to another nonimmigrant visa classification.

💡 Key advice: Graduate program and major selection must be finalized carefully at the outset. Do not count on adjustments after admission, as this carries extreme time costs and immigration status risks.

## 2. Who qualifies for the grandfather clause? Critical pitfall for current students already in the U.S.

A limited transition period applies; this is not a permanent grandfather policy. Students physically present in the U.S. on September 15 with an I-94 still marked D/S will not be forced to switch to fixed-term status immediately. They may continue studying until their I-20 program end date, but their maximum stay cutoff is locked at September 14, 2030, plus the original 60-day grace period.

⚠️ Major red line: If you travel outside the U.S. and re-enter on or after September 15, CBP will issue an I-94 with a fixed expiration date, and you will immediately be subject to the new rules.

Simple summary: Remain in the U.S. without international travel to retain the old policy. Once you leave and re-enter the country to resume studies, your immigration status rules switch entirely.

Additional transition benefit for OPT: Students holding D/S status in the U.S. who file OPT / STEM OPT Form I-765 applications before March 18, 2027, do not need to concurrently submit Form I-539 for extension.

👉 Practical reminder: Students under the transition period should avoid unnecessary international travel. Do not delay OPT submissions until after March 2027.

## 3. How is the 4-year maximum stay calculated? Can you reset the time limit indefinitely by returning home and re-entering?

1. New students entering under the revised rules:

The 4-year window starts from the date of this entry. Customs will set the expiration date as the earlier of your program end date or your entry date plus four years. If you return to your home country and re-enter mid-program, the stay clock resets.

2. Existing students under the transition period:

Their 4-year cap does not start from their initial entry date. It uniformly begins on the effective date of September 15, 2026, with a latest cutoff of September 14, 2030.

Important trap to avoid: Resetting the stay clock does not equal unlimited status extension. The policy explicitly bans enrollment at the same academic level or at a lower level. Abandon the idea of “finishing a master’s, briefly returning home, then re-entering for a second master’s to extend status.” Re-entry only resets the stay duration; restrictions on academic level remain unchanged. The only legal path is upward academic advancement.

## 4. Timeline for Form I-539 extension applications! Severe consequences for even one day of overstay

✅ Hard deadline: USCIS must receive your complete application package before your current I-94 expires. Applications received after expiration will be automatically invalid.

✅ Recommended timeline: The official minimum suggestion is to file 45 days in advance. Current processing times generally range from six months to one year, plus biometrics and background checks. Most university international student offices recommend starting preparations 3–4 months early. Some schools require all materials to be ready by August 15.

✅ Critical protection: If you timely submit Form I-539 before expiration, you maintain authorized stay while awaiting adjudication. This period does not accrue unlawful presence, and you may attend classes normally.

❌ Severe consequences: Applications filed after I-94 expiration are highly likely to be denied. Unlawful presence begins accruing the day after expiry with no buffer.

## 5. Is there recourse if an extension application gets denied?

USCIS explicitly states: No additional departure grace period will be granted after an extension denial. The applicant and accompanying dependents must arrange departure promptly.

Consequences of unlawful presence: If you overstay for more than 180 days, you will be barred from re-entering the U.S. for 3 years upon departure. Overstay exceeding one year triggers a 10-year re-entry bar.

Two remedial approaches:

1. File a Motion to Reopen/Reconsider if you have new evidence and valid objective grounds.

2. Depart the U.S. cleanly and reapply for a new visa for future entry.

⚠️ Do not remain in the U.S. and fight the denial. Upon receiving a denial notice, contact your school’s international student office and an immigration attorney immediately for assessment. Do not wait or delay.

## 6. Defining line between old and new rules: Does pending extension adjudication count as unlawful overstay once the I-94 expires?

The biggest difference between the old and new policies:

- Under the legacy D/S system: Unlawful presence only starts once USCIS formally terminates your status.

- Under the new fixed-expiration I-94 rule:

① If Form I-539 is successfully submitted before your I-94 expires: The pending adjudication period counts as authorized stay.

② If no extension is filed, or the application is submitted late: Unlawful presence starts the day after your I-94 expires.

In short: Timely filing of an extension application is your only safety valve to preserve immigration status under the new rules.

## 7. Will CBP automatically issue an I-94 valid for the full 4 years?

It is not a blanket 4-year issuance. Customs follows the rule of taking the earlier date between your program duration and the 4-year maximum cap:

- 2-year master’s program: The I-94 expiration date generally aligns with your graduation date plus 30 days.

- 4-year undergraduate program: Expiry will be close to the 4-year mark from entry.

- 5–6-year doctoral program: You will initially receive a 4-year I-94. You must file Form I-539 extension in advance to cover the remaining studies.

## 8. Grace period reduced from 60 days to 30 days — do not confuse these two time windows

Many students mix up two separate timelines:

1. Post-graduation status grace period: 30 days. Within this window, you must depart, file for OPT, transfer schools, or change visa classification.

2. OPT filing window: From 90 days before graduation to 60 days after graduation.

Key misconception: The 60-day OPT application window is not equivalent to the 30-day status grace period.

Best practice: Submit your OPT application before graduation whenever possible; do not rely on the 30-day post-graduation grace period as a safety net.

## 9. OPT approval delayed. Will your status lapse if the grace period ends before your EAD arrives?

Two scenarios apply:

1. Current students under transition with D/S status (filing Form I-765 before March 18, 2027):

OPT applications alone maintain status; no separate Form I-539 is required. You remain in valid status while waiting for the EAD card.

2. Holders of fixed-expiration I-94 under the new rules:

If your I-94 expires before OPT adjudication finishes, Form I-765 (OPT) and Form I-539 (extension) must be submitted together. Filing only OPT without an extension exposes you to overstay risk once your I-94 expires.

Practical advice: OPT processing typically takes 3–5 months. File at the earliest available opportunity if possible. Confirm with your school whether supplementary extension documents are needed well before your I-94 expiration. Do not take chances.

## 10. Second master’s pathway closed! What legal U.S. stay options remain if your OPT H1B cap petition is not selected?

The previous common strategy — complete a master’s degree, then enroll in a second master’s after OPT expires to keep participating in H1B cap lotteries — is blocked by the new rule.

Available compliant pathways:

1. Pursue advanced studies: Continue from a master’s to a doctoral program (higher-level study remains permitted). Use doctoral status plus CPT/OPT to keep applying for the H1B cap.

2. Secure direct H1B sponsorship from an employer, abandoning the “study as a fallback” strategy.

3. Change to another visa classification if eligible (e.g., H4 dependent visa).

4. For applicants selected for H1B awaiting adjudication, the existing Cap-Gap protection remains unchanged.

Planning note: When applying for a master’s program, map out your long-term career path upfront. Do not treat a second master’s as a backup if your H1B lottery attempt fails.

## 11. Are there changes to STEM OPT rules?

Positive news: The 36-month validity period for STEM OPT and its mandatory eligibility requirements (STEM major, E-Verify employer, Form I-983 training plan, 150-day maximum unemployment limit) remain unchanged.

Changes apply only to supporting procedures: After the transition period ends, STEM OPT applicants must concurrently file Form I-539 to maintain residence.

Existing protections remain: You retain 180 days of automatic employment authorization while waiting for a new STEM OPT application to be adjudicated upon expiration of your current STEM OPT.

A second STEM OPT still requires earning a higher-level degree, consistent with the ban on same-level enrollment.

## 12. Are CPT and Day-1 CPT still available?

The statutory text governing CPT itself has not been amended. Legitimate, program-required Day-1 CPT remains legal.

However, three layers of restrictions substantially raise risk levels:

1. You cannot use a second master’s program to obtain Day-1 CPT for status extension; same-degree applications are closed. Only higher-level doctoral programs qualify.

2. Accumulated full-time CPT exceeding 12 months permanently disqualifies you from OPT. All stay time is also subject to the 4-year maximum cap.

3. DHS has strengthened enforcement scrutiny, cracking down heavily on programs where the primary purpose is employment rather than academic study.

Objective conclusion: Genuine on-campus CPT remains unaffected. But the arbitrage model relying on CPT to maintain long-term immigration status is no longer viable.

## 13. If OPT expires and H1B is not selected, will failure to depart within 30 days leave a permanent immigration record?

Yes. Except for applicants covered by Cap-Gap protection, you only have a 30-day window after OPT ends to arrange next steps.

Overstay records will adversely affect all future U.S. visa applications:

>

> 180 days of overstay: 3-year bar upon departure

> 365 days of overstay: 10-year bar upon departure

# Closing | How should we adjust U.S. study plans under this new policy?

The policy direction is clear: Authorities are tightening pathways that rely on student status for long-term residence, shrinking the gray area of “using studies to wait for work visas.”

Guidance for two groups of families:

✅ Goal: Return to China after graduation

Minimal impact under the new policy. Complete your academic program as originally planned; no complicated extra immigration steps are required.

✅ Goal: Seek employment and build a long-term career in the U.S.

Full advance planning is mandatory: Prioritize majors and industries with higher availability of H1B sponsorship. Engage employers actively during OPT. Abandon the mindset of using a second master’s as a safety net. If you have the interest and qualifications, consider a doctoral track to extend your time horizon.

✅ General recommended stable plan (best for international student families):

Primary path: Finish your degree successfully and strive for H1B sponsorship from a legitimate employer.

Backup plan: If your H1B lottery attempt fails, depart cleanly within regulatory time limits and avoid overstay records. Do not pin all hopes on “staying in the U.S.” Prepare contingency plans for both staying and returning home.

This policy interpretation is based on the final rule published by DHS and is for planning reference only. It does not constitute immigration legal advice.

Vine Education specializes in career coaching for North American international students. For high-demand tracks including Investment Banking, Quantitative Finance, Research, Financial Data, Risk Management, AI + Finance, we provide end-to-end support covering career strategy, role positioning, technical skill building, networking, resume refinement, interview coaching and internship applications.