F-1 Students: Why Status Compliance Matters Under the New DHS Rule
- Li Law Group
- 2 days ago
- 8 min read
The Department of Homeland Security has issued a final rule that changes how F-1 students are admitted to and maintain status in the United States. The rule is scheduled to take effect on September 15, 2026, subject to congressional review and any later DHS announcement.
Under the current system, most F-1 students are admitted for “duration of status,” shown as “D/S” on Form I-94. Under the new rule, most F-1 students will instead receive a specific expiration date—called an “Admit Until Date”—on the I-94.
This change makes it especially important for F-1 students to understand the difference between maintaining F-1 status and merely remaining physically present in the United States. A student may violate F-1 status before the I-94 expires, and a student who remains after the authorized period ends may begin accruing unlawful presence.
Either problem can affect employment, international travel, future visas, adjustment of status, and other immigration benefits.
What Is Changing for F-1 Students?
Most F-1 students admitted after the rule takes effect will receive a fixed period of admission based on the program end date shown on Form I-20, subject to a maximum admission period of four years.
The four-year period is not a lifetime limit on F-1 status. A student enrolled in a longer program may remain eligible to continue studying. However, the student generally must obtain an additional period of authorized stay before the existing period expires.
That may require the student to:
Obtain an updated and properly endorsed Form I-20;
File a timely extension-of-stay application with USCIS; or
Depart the United States and seek readmission with valid immigration documents.
An updated Form I-20 alone may no longer extend the student’s authorized stay. The student may also need USCIS approval or a new admission by U.S. Customs and Border Protection.
A Valid I-94 Does Not Excuse a Status Violation
The expiration date on Form I-94 is critically important, but it is not the student’s only responsibility. An F-1 student must also comply with the conditions of F-1 status throughout the authorized stay. A student may violate status even when the I-94 has not yet expired.
Common problems may include:
Working without authorization or beyond the authorized hours or dates;
Dropping below a full course of study without prior authorization;
Failing to attend or make appropriate progress in the authorized program;
Remaining after withdrawing or being dismissed from school;
Failing to obtain a timely program extension;
Transferring schools or changing educational objectives without following the applicable procedures;
Continuing practical training after the authorized period ends;
Failing to maintain a valid SEVIS record; or
Remaining after the authorized admission or grace period expires.
Some violations may be correctable. Others may require reinstatement, departure, or another immigration filing. The available options depend on the facts, timing, prior immigration history, and whether unauthorized employment occurred.
A student should not wait until the next visa interview, international trip, OPT application, or green-card filing to investigate a possible violation.
Unauthorized Employment Is a Serious Risk
Unauthorized employment is one of the most consequential F-1 status violations. F-1 students may work only when the employment is specifically authorized and all applicable conditions are satisfied. Depending on the circumstances, permitted employment may include certain on-campus employment, Curricular Practical Training, Optional Practical Training, STEM OPT, or employment based on severe economic hardship.
A student should not assume that work is permitted merely because:
The position is part-time, temporary, remote, or described as an internship;
The employer pays cash or issues a Form 1099 instead of a Form W-2;
The employer is located outside the United States;
The student is self-employed; or
The activity is unpaid.
Whether an activity constitutes unauthorized employment can be fact-specific. Even work performed without traditional wages may create an immigration issue.
Under the final rule, an F-1 student seeking an extension of stay must demonstrate maintenance of status and that the student has never engaged in unauthorized employment. A prior employment problem therefore may affect the student’s ability to obtain an extension under the new system.
Full-Time Enrollment and Program Changes Also Matter
F-1 students generally must pursue a full course of study unless a designated school official authorizes a reduced course load under the applicable rules. Students should obtain approval before dropping a class or reducing enrollment. Trying to correct the SEVIS record after the semester may be more difficult than obtaining proper authorization in advance.
The new rule also imposes additional restrictions on school transfers, changes in educational objectives, and changes in educational levels. Graduate-level students face particularly strict restrictions on transferring or changing educational objectives during a program, subject to limited exceptions.
Before transferring schools, changing a major, beginning another degree, or moving to a different educational level, a student should confirm that the proposed change complies with both the school’s procedures and federal immigration requirements.
Form I-94 Will Become a Critical Deadline
After the new rule takes effect, F-1 students should treat the Form I-94 expiration date as a firm immigration deadline. The expiration date on a visa stamp does not determine how long a person may remain in the United States. The visa generally allows the person to request admission; Form I-94 governs the authorized period of admission after entry.
After every international trip, an F-1 student should:
Download the latest Form I-94.
Confirm that the classification is F-1.
Review the Admit Until Date.
Compare the I-94 with the passport and Form I-20.
Address any error immediately.
Calendar the expiration date well in advance.
Students should keep copies of every Form I-94, Form I-20, employment authorization document, USCIS receipt, and approval notice. These documents may later be needed to prove continuous maintenance of lawful status.
What Happens to Students Who Currently Have D/S?
Students admitted for D/S before September 15, 2026, generally will not receive a new Form I-94 merely because the rule takes effect. However, they should not assume that D/S will continue indefinitely.
Under the transition provisions, a current student’s authorized period generally will be tied to the program end date on the Form I-20 that is valid on the rule’s effective date, subject to a maximum period of four years from the effective date and the applicable departure period.
International travel may also trigger the fixed-admission system. A student who leaves and reenters after the effective date generally should expect a new I-94 with a specific Admit Until Date.
Current students should review their I-20, SEVIS record, and immigration history before the effective date, especially if the program end date has passed, the SEVIS record is terminated or completed, the student changed programs or schools, there is an enrollment or employment problem, or international travel is planned.
Timely Extension Filings Are Essential
An F-1 student who needs additional time generally must obtain an updated Form I-20 and file an extension-of-stay application with USCIS.
The new rule permits an extension based on qualifying circumstances, including certain compelling academic reasons, documented medical conditions, or circumstances beyond the student’s control. Academic probation, suspension, or repeated inability or unwillingness to complete a course of study generally will not qualify by themselves.
USCIS must receive the extension application before the authorized period expires. Filing during the 30-day departure period may still be considered timely, but the student may lose the ability to continue employment or practical training while the application is pending.
When a properly filed extension application remains pending, the student generally is in an authorized period of stay and does not accrue unlawful presence solely because USCIS has not yet decided the application. Continued employment, however, depends on the type of authorization, the filing date, and other requirements.
If USCIS denies the extension after the authorized admission period has expired, the student and any dependents generally must depart immediately. DHS states that unlawful presence generally begins accruing the day after the denial.
The F-1 Grace Period Will Be Shorter
The final rule reduces the normal F-1 post-completion grace period from 60 days to 30 days for admissions under the new system. This gives students less time after completing a program or authorized practical training to depart, transfer to another qualifying program, pursue another authorized educational level, file an appropriate immigration application, or otherwise obtain permission to remain.
Students generally may not work during the departure grace period. They should begin planning for the next step before completing the program or practical training.
How Can a Status Violation Affect the Future?
The consequences depend on the type and duration of the violation. Potential problems may include:
Termination of the SEVIS record;
Loss of employment authorization;
Denial of an extension, change of status, OPT, or another immigration benefit;
A requirement to seek reinstatement;
Difficulty obtaining a new visa or returning after international travel;
Accrual of unlawful presence;
Problems adjusting status to permanent residence; or
Placement in removal proceedings.
A person who accrues more than 180 days of unlawful presence and then departs may become subject to a three-year inadmissibility bar. Accruing one year or more before departure may result in a ten-year bar. Exceptions and waivers may apply in some cases, so an individualized legal analysis is necessary.
Not every status violation automatically creates unlawful presence or a three- or ten-year bar. Nevertheless, the fixed-date system makes it easier to determine when an authorized period ends. Students should address potential problems early.
When Should an F-1 Student Consult an Immigration Attorney?
Consider obtaining legal advice before taking action if:
You are unsure whether you engaged in unauthorized employment;
You dropped below full-time enrollment or your SEVIS record was terminated;
Your program end date or I-94 expiration date is approaching;
You need additional time to complete your program;
You changed or want to change schools, majors, or degree levels;
You are considering reinstatement;
You received a request for evidence or denial from USCIS;
You plan to travel after a possible status violation;
You are applying for OPT, STEM OPT, a change of status, or permanent residence; or
You believe that you may already have overstayed.
The sooner the issue is reviewed, the more options may be available. A student should not leave the United States, continue working, or file an immigration application based solely on general online information when a possible status violation exists.
How Li Law Group Can Help
Li Law Group, LLC assists international students in Omaha, Nebraska, and throughout the United States with questions involving F-1 status, Form I-94 deadlines, extensions of stay, reinstatement, employment authorization, international travel, and future immigration options.
During a consultation, we can review Forms I-20, Form I-94 records, passport and visa records, SEVIS information, enrollment and employment history, CPT or OPT documents, and USCIS notices. We can then identify the potential issue, explain the risks, and discuss the available options based on the student’s individual circumstances.
If you have questions about your F-1 status—or are concerned that a mistake may already have occurred—contact Li Law Group, LLC before applying, traveling, or continuing an activity that may affect your status.
Frequently Asked Questions
Does the new rule limit F-1 students to four years in the United States?
No. The four-year limitation generally applies to a single period of admission, not the student’s total time in F-1 status. A qualifying student may seek an extension of stay or a new admission.
Will current F-1 students immediately lose D/S on September 15, 2026?
Generally, no new I-94 will be issued merely because the rule takes effect. However, the transition provisions establish an authorized period tied to the student’s Form I-20 and a maximum transition period. Travel or another immigration action may also result in a fixed I-94 date.
Will an updated Form I-20 automatically extend the I-94?
Not necessarily. An updated Form I-20 may need to be accompanied by a timely USCIS extension-of-stay application or a new admission by CBP.
Does a timely extension filing prevent unlawful presence while USCIS decides the case?
Generally, a properly and timely filed extension request places the student in a period of authorized stay while it is pending. Employment authorization is a separate question and depends on the particular activity and filing circumstances.
What happens if USCIS denies the extension after the authorized period expires?
The student and dependents generally must depart immediately. DHS states that unlawful presence generally begins accruing the day after the denial.
Sources
This article provides general information and does not constitute legal advice. Immigration rules and agency guidance may change. The DHS final rule is scheduled to take effect September 15, 2026, subject to congressional review and any subsequent DHS announcement.
