On July 17, 2026, DHS published a final rule ending Duration of Status (D/S) for F-1 students and J-1 exchange visitors. Individuals admitted in F or J status will generally receive an I-94 with a fixed “admit until” date tied to the length of their authorized program, not to exceed four years. For students planning to transition into a work visa after graduation or OPT, this rule changes your timeline in ways you need to plan for now.
What Changed
Under D/S, your I-94 showed no fixed departure date. As long as you maintained status, you were generally fine. That is over. Under the new rule:
- F and J nonimmigrants are admitted for a fixed period up to 4 years – tied to their program end date on the I-20 or DS-2019
- Anyone who wants to stay beyond their I-94 end date must file a formal Extension of Stay (EOS) with USCIS or depart the U.S. and re-enter
- Staying past the I-94 end date without an EOS means accruing unlawful presence – which can trigger the 3-year or 10-year bar upon departure
- The post-completion grace period for F-1 students is cut from 60 days to 30 days
For students already in valid D/S status before September 15, 2026, a transition period applies – they can generally remain until their current I-20 program end date, not to exceed September 15, 2030. However, any international travel after September 15, 2026 immediately converts them to the fixed-date regime. A single trip home triggers the change.
What Has Not Changed
It is worth being clear about what this rule does not touch:
- OPT and STEM OPT remain available as programs – 12 months post-completion, plus 24 months STEM extension
- The H-1B cap-gap protection is preserved for eligible F-1 students with timely filed petitions
- CPT is unchanged
- The rule does not eliminate any work authorization programs – it changes how the I-94 is managed during those programs
What has changed is the administrative reality: Maintaining status during OPT or STEM OPT will now require greater coordination between employment authorization and the I-94 validity period. In many cases, this will require filing an Extension of Stay with USCIS, although the rule includes temporary transition provisions for certain timely OPT and STEM OPT applicants. DSOs can no longer handle this through SEVIS alone.
How This Affects Work Visa Transitions
For any student approaching the end of their F-1 status and planning to move into a work visa, the compressed grace period and fixed I-94 dates demand earlier action than the old system ever required. The most common pathways – and how this rule affects each:
- H-1B: Cap-gap is preserved. But students who do not win the lottery and remain on STEM OPT need to proactively manage I-94 end dates and file EOS if needed while pursuing another lottery cycle.
- O-1 / L-1: A change of status must be filed before the I-94 expires. Under D/S this was more forgiving. Under the fixed-date system, a lapse in status before adjudication carries real consequences.
- TN visa: For Canadian students – this is often the cleanest and fastest path forward, and worth planning for early.
The TN Visa: Why It Works Especially Well for Canadian Students
The TN visa is available to Canadian citizens under USMCA for 63 designated professional occupations – engineers, accountants, computer systems analysts, scientists, lawyers, and more. It has no annual cap, no lottery, and no lengthy USCIS petition process. Canadian citizens apply directly at a U.S. port of entry – including at pre-clearance locations like Toronto Pearson – and typically receive same-day adjudication.
For a Canadian F-1 student whose I-94 end date is approaching, the TN offers something the other pathways cannot: speed and certainty. A qualifying job offer in a TN-eligible occupation, combined with the right credentials, means a Canadian student can depart to Canada and re-enter the U.S. in TN status – receiving a fresh 3-year admission – without waiting on USCIS processing times or lottery results.
A few things Canadian students should know about this pathway:
- The role must qualify under one of the 63 TN occupations. The job offer letter and credentials need to match the specific occupation category – not every post-graduation job will fit.
- You can also file a change of status from F-1 to TN from within the U.S. through USCIS, but this adds time and cost, and the I-94 must remain valid through approval.
- Departing and re-entering at the border is generally faster and results in a clean 3-year TN admission rather than an extension of a D/S transition period.
What Canadian Students Should Do Before September 15, 2026
The window before the effective date matters. Here is what to focus on:
- Know your I-94 end date. If you are currently in D/S status, your transition deadline is tied to your I-20 program end date, capped at September 15, 2030 – but any international travel after September 15 converts you immediately to a fixed date.
- Plan international travel carefully. A trip home to Canada after the effective date is not just a visit – it changes your admission framework when you return.
- Start your work visa planning now. The 30-day grace period leaves very little time to figure things out after graduation. If you have a job offer or a qualifying occupation in mind, begin the conversation with an immigration attorney well before your program ends.
- If you have a TN-eligible job offer, evaluate whether a change of status from within the U.S. or a border application makes more sense for your timeline and situation.
Conclusion
The end of D/S is the most significant change to the student visa system since 1979, and it affects anyone planning to stay in the United States after graduation. Fixed I-94 dates, a 30-day grace period, and new EOS requirements mean the old strategy of figuring it out after graduation no longer works. For Canadian students with a qualifying job offer, the TN visa remains one of the fastest and most reliable paths to lawful work status in the U.S. – and under this new rule, it is more strategically valuable than ever.
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Sources
- DHS Final Rule – Establishing a Fixed Time Period of Admission, Federal Register Vol. 91, No. 136 (July 17, 2026)
- 8 CFR Parts 214, 248, and 274a
- SEVP – Elimination of Duration of Status Quick Facts (July 2026)
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REBECCA KROLL is an Associate Attorney at Richards and Jurusik who practices exclusively in U.S. immigration law, focusing on both business and family-based immigration. She assists clients with employment-based visas, marriage and family cases, and the U.S. citizenship process. (Full Bio)
