Department of Homeland Security F·J·I Visa D/S (Duration of Status) Abolishment

On May 5, 2026, DHS submitted a final rule to OMB/OIRA for review that abolishes the D/S system for F, J, and I visa classifications. The full text of the final rule has not yet been published in the Federal Register, so the actual effective date and detailed transition provisions will need to be confirmed in the final published version. The D/S system has been the framework for U.S. student visa operations since 1978, allowing individuals to maintain their status as long as their academic program remains active by stamping ‘D/S’ on their I-94 instead of an expiration date, thereby automatically extending their status without a specific expiration date.

If the OIRA review concludes quickly and the final rule is published and takes effect this summer, it's possible that students entering in the fall 2026 semester will be issued a specific expiration date on their I-94 instead of D/S. However, the actual implementation date will depend on when the final rule is published in the Federal Register and its effective date. In today's column, we will summarize the key points of the final rule and what students starting this fall semester should be aware of.

1. From ‘stay as long as you have academic standing‘ to 'must leave when the date ends'

“The I-94 for current F/J visa holders has ‘D/S’ instead of an expiration date. The core of this final rule proposal is to change that ‘D/S’ to a specific date.”

D/S stands for Duration of Status, which is a system where you do not need a separate visa extension or stay application as long as you continue your studies normally. This is the most significant feature that distinguishes American student visas from those of other countries.

The final rule submitted to OMB on May 5th has two pillars. First, it ties the admission period for F, J, and I visas to the program end date on the I-20 or DS-2019, with a maximum limit of four years. This means that programs originally designed to take 5-7 years, such as PhDs, integrated programs, and medical school, must be completed within four years. Students who need more time will have to apply for an extension of stay (EOS) using Form I-539 with USCIS, and the NPRM also specifies fingerprinting for the EOS process.

The basis is the NPRM (RIN 1653-AA95, Docket ICEB-2025-0001, FR 2025-16554) published in the Federal Register on August 28, 2025. Approximately 22,000 comments were received by the comment deadline of September 29, with numerous international education organizations submitting opposing comments. A similar attempt was made during the Trump administration in September 2020 but was withdrawn by the Biden administration in July 2021.

2. 24 months of language study, change of major in the first year of undergraduate studies, and a 30-day grace period

“The NPRM includes a cumulative stay of 24 months for language training, a restriction on changing majors in the first year of undergraduate studies, and a reduction of the grace period after graduation for F-1 students from 60 to 30 days.”

At first glance, the "4-year cap" seems to fit perfectly with the typical schedule of Korean undergraduates. However, the small clauses embedded in the main text deliver a significant shock to the students.

First, language studies abroad. The NPRM limits the total cumulative stay for F-1 language studies (ESL) programs to 24 months, including vacation and break periods between semesters within that 24-month period. While transferring to an undergraduate program after a year of language studies is possible, it's a structure where extending language studies to decide on a career path is difficult to recommend.

Second, F-1 undergraduate students have restrictions on changing their major in their first year of enrollment, and graduate students face even stricter limitations. This trend weakens flexibility, such as declaring a major within one year of undeclared admission or changing tracks in the first year of a master's program.

Third, there is the grace period after graduation. For F-1, it will be reduced from 60 days to 30 days, while the existing 30 days will be maintained for J-1. This means F-1 students, who had two months to arrange their OPT application and departure schedule, will now only have one month.

The heaviest change is the automatic accrual structure for unlawful presence. Under the current Duration of Status (D/S) system, unlawful presence accrues the day after USCIS or an immigration judge formally determines a status violation. The Trump administration's USCIS attempted to change this in a 2018 memo (PM-602-1060) so that unlawful presence would automatically accrue the day after a student committed a status violation. However, the ruling in Guilford College v. Wolf (M.D.N.C., Feb. 2020) permanently invalidated this memo for violating the Administrative Procedure Act (APA), thus maintaining the post-determination accrual method. This NPRM (Notice of Proposed Rulemaking) achieves the same effect by abolishing D/S. Once an I-94 expiration date passes, unlawful presence will accrue the next day without any separate official determination. If this exceeds 180 days, the three-year bar to admission (INA §212(a)(9)(B)) is activated, and if it exceeds one year, the ten-year bar is activated. Students whose I-539 applications for extension of stay are denied or who miss their expiration renewal dates will unknowingly begin accruing unlawful presence.

3. PhD/Integrated Program/STEM OPT — People who feel the 4-year timeframe is too restrictive

“The average duration of a doctoral program in the United States is between 5 to 7 years depending on the field, and integrated programs, medical school, and law school often take longer.”

Fields where Korean students are significantly represented include engineering, natural sciences, business, and arts, along with integrated master's/doctoral programs. Instead of flexibly handling the 4-year cap, this rule is designed for students who have fulfilled their duration to apply for an extension of student status (I-539) with USCIS to receive additional time.

Before their visa expires, students should work with their school's Designated School Official (DSO) to finalize their academic progress and thesis status to prepare their EOS package. The NPRM retains fingerprinting during the EOS review stage, so the establishment of new fingerprinting fees upon the final rule's implementation remains a variable.

The career ladder for F-1 Bachelor's degree holders, which includes 12 months of OPT + 24 months of STEM OPT, must also be redrawn above the 4-year cap. Four years of undergraduate study + 12 months of OPT mathematically become five years, and in STEM fields, it extends to seven years. Even if the OPT/STEM OPT periods themselves are not shortened, it is highly likely that there will be a process of applying for a separate I-539 extension of status to ensure that the I-94 expiration date and EAD validity period do not misalign.

J-1 also falls under the same framework, but since the time limits for the J category vary by subcategory (e.g., up to 5 years for professors/research scholars, 2 years for au pairs), it is necessary to individually confirm with the DSO/RO how the uniform 4-year cap combines with existing limits. While SEVIS is operated by SEVP under DHS's ICE, the authority for J program sponsor designation lies with the Department of State (DOS), and the DS-2019 is issued by a DOS-designated sponsor. For J-1, you must coordinate with the DOS sponsor and the school's RO (Responsible Officer) to review schedules.

4. The September new semester: what students need to prepare now

“According to ICE's 2024 SEVIS by the Numbers report, there are 61,277 active SEVIS records (F, M, and J combined) for South Korean nationals. Based on IIE Open Doors 2024-25 statistics, around 42,293 Korean students are studying in the U.S., ranking third after India and China.”

According to the same statistics, the number of new international students in the fall of 2025 decreased by approximately 17% compared to the previous year. Considering an analysis by Inside Higher Ed indicating that the global denial rate for F-1 visas has reached 35%, the pressure felt by Korean students around the start of the new semester in September appears to be greater than average.

There are four positions to consider from a practical standpoint. First, re-examine the expiration dates of your I-20 and DS-2019. The expiration date of your new I-94, issued after activation, is likely to be the shorter of the two dates: the expiration date of your I-20/DS-2019 or four years from your entry date. Therefore, it is necessary to check in advance with your school's DSO about the possibility of an extended graduation date.

Students considering OPT/STEM OPT as a career path should keep both the school's OPT office and an attorney on standby. A proactive extension of status (EOS) plan is crucial to prevent discrepancies between the EAD validity period and the new I-94 expiration date. Students planning a trip to Korea must obtain a travel signature on their F-1 I-20 or J-1 DS-2019 before departing, and should also check their visa interview schedule and SEVIS record renewal dates concurrently. For F-2/J-2 dependents (spouses/minor children), their status will increasingly be structured to expire simultaneously with the primary applicant's I-94. Families where parents are on sabbatical as J-1 researchers should be aware that their children's school schedules and their own status extension timelines may be simultaneously impacted.

Closing remarks

‘The principle of ‘staying as long as you have academic standing’ entered its consolidation phase as of May 5th. Once the final rule is published in the Federal Register and takes effect 60 days later, Korean freshmen entering in the September semester will have a specific expiration date stamped on their I-94 instead of 'D/S'. While the four-year duration itself does not significantly conflict with undergraduate schedules, the family schedule must be reconfigured because language training, major declaration, OPT, STEM OPT, and the H-1B path must all be accommodated within those four years.

Students already enrolled in a program should be cautious about entry, re-entry, and school transfer schedules before and after the effective date. While the NPRM proposes a transition rule for existing D/S entrants, it is not yet confirmed if it will be adopted as is in the final rule. Therefore, current students must carefully review their departure, re-entry, inter-school transfer, and OPT application schedules before and after the effective date. Practical actions can be summarized into three points: First, have school DSO, academic advisors, and family review a one-page calendar together. Second, compare the end dates of I-20/DS-2019 and the four-year cap from the entry date. For students whose estimated graduation dates exceed four years, prepare to file a change of status application (I-539) starting 4-6 months before the expiration. Third, students seeking OPT/STEM OPT should complete pre-checks to ensure their EAD validity period does not conflict with their I-94 expiration date.

Disclaimer: This column is for general information purposes only and is not legal advice for your specific case. You should always consult with an attorney who specializes in immigration law for your individual case.

Law Offices of Jin D. Cho

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