DHS Final D/S Rule and F-1 Status
Effective September 15, 2026
Purpose. This FAQ explains the major changes identified in Clayton State University’s DHS Final D/S Rule implementation summary from an F-1 international student perspective. Individual circumstances may vary, so students should contact International Education before taking actions that may affect F-1 status.
The DHS final rule changes the traditional Duration of Status (D/S) framework for many F-1 students. Under the new framework, some F-1 students may be admitted to the United States for a specific period of time with a fixed expiration date rather than simply being admitted for D/S. This means that maintaining an active SEVIS record and having a valid Form I-20 may no longer be enough by themselves. Students may also need to carefully monitor the expiration date listed on their Form I-94.
Form I-94 is your official U.S. arrival and admission record. Under the new rule, the expiration date on your I-94 may become an important immigration deadline. If you enter or re-enter the United States on or after September 15, 2026, you should review your I-94 immediately after entering the country and make sure the information is accurate. Do not assume that your I-20 program end date and your I-94 expiration date are automatically the same.
After every international trip and re-entry into the United States, retrieve your new Form I-94, review the admission classification and expiration date, keep a copy for your records, submit the new I-94 to Clayton State University International Education as requested, and contact International Education immediately if you notice an error or unexpected expiration date. International travel becomes more important because a student who previously had D/S may receive a fixed I-94 expiration date after re-entry.
The initial admission period will generally be connected to the length of the academic program listed on your Form I-20, subject to a maximum period of four years. Students whose programs require additional time may need to take additional immigration steps to remain legally in the United States.
Contact International Education well before your I-20 program end date or I-94 expiration date. Under the new framework, receiving a program extension from a DSO and obtaining an updated I-20 may no longer, by themselves, extend your authorized stay in the United States. Depending on your situation, you may also need USCIS approval for an extension of stay.
Not necessarily. A DSO-issued program extension and updated I-20 may no longer be sufficient by themselves to extend your authorized stay. You may also have an immigration deadline connected to your Form I-94 and, depending on your circumstances, may need a timely USCIS extension-of-stay filing.
Students who are physically present in the United States on September 15, 2026, who were admitted for D/S, have an active SEVIS record, and are maintaining F-1 status generally receive transition protection. Continue maintaining status and keep copies of your Form I-20, Form I-94, passport and visa documentation, and relevant SEVIS and immigration records. Future international travel may affect how you are admitted when you return.
If you were properly admitted for D/S and are maintaining F-1 status, transition protections generally apply to students already present in the United States when the rule becomes effective. However, your situation may change after future international travel because you may receive a fixed expiration date when you re-enter the United States.
Potentially, yes. A continuing F-1 student who previously had an I-94 marked D/S may return to the United States with a specific expiration date. Before international travel, consult International Education and make sure you understand how re-entry could affect your immigration timeline.
Contact International Education immediately. Do not assume that the later I-20 date automatically permits you to remain in the United States beyond an earlier I-94 expiration date. International Education may need to review your I-20, I-94, SEVIS record, and other immigration information together.
Missing an I-94 or related immigration filing deadline can have serious consequences, including loss of F-1 status, reinstatement issues, employment authorization problems, future immigration-benefit problems, and potential unlawful-presence consequences. Treat an I-94 expiration date as a major immigration deadline.
Do not wait until the last few weeks. Clayton State University plans to develop monitoring and alerts well in advance of relevant I-20 and I-94 deadlines. You should also independently monitor your documents and contact International Education as early as possible if you may need additional time.
Some academic changes may require closer immigration review. Before making a significant program change, consult International Education. Do not assume that an academic change approved by your department automatically satisfies F-1 immigration requirements.
Changes of educational level may require additional immigration review. Before beginning a new degree level, contact International Education so your SEVIS record, I-20, I-94, and immigration eligibility can be reviewed.
Transfers remain possible, but they may require closer immigration review. Before requesting a SEVIS transfer or accepting a transfer to another institution, speak with International Education to determine how your I-94 expiration date and other immigration deadlines may affect the transfer.
Contact Clayton State University International Education before completing the transfer process. Your current SEVIS status, I-20, I-94, program dates, and transfer timeline may need to be reviewed together.
OPT remains available. However, your Form I-20, Form I-94, Employment Authorization Document (EAD), OPT authorization dates, and program completion information may need to be reviewed together. Students approaching graduation should meet with International Education early.
Yes. The University’s summary states that STEM OPT remains available. Students should carefully monitor their I-20, I-94, EAD, and employment authorization dates together.
No. The University’s summary indicates that cap-gap remains available. Students who may qualify for cap-gap should work closely with International Education because multiple documents and expiration dates may need to be reviewed together.
No. Your F-1 visa and your authorized period of stay in the United States are different matters. Under the new framework, pay particular attention to the Form I-94 expiration date, as well as your I-20 and other immigration documents.
Depending on your situation, all of these dates may be important. Do not look at any single document in isolation. International Education may need to review your I-20 program dates, I-94 expiration date, F-1 visa, passport, EAD if applicable, SEVIS record, and employment authorization dates together.
Do not try to determine your immigration eligibility based only on the latest date shown. Contact International Education so the documents can be reviewed together.
No. Early intervention is one of the most important protections under the new framework. Contact International Education before your I-20 program end date approaches, your I-94 expires, international travel, significant program changes, degree-level changes, school transfers, requests for additional time, or immigration-related employment benefits.
Maintain organized copies of current and previous Forms I-20, Forms I-94, your passport identification page, F-1 visa, EAD cards if applicable, USCIS notices if applicable, and relevant immigration applications and approvals. Do not rely solely on the University to maintain your immigration documentation.
Clayton State University International Education plans to review active F-1 records; identify transition-protected and fixed-date students; track I-20 and I-94 deadlines; update student forms, communications, website information, and presentations; revise program-extension procedures; train DSOs and campus partners; coordinate review of significant program, transfer, and change-of-level actions; and seek professional immigration guidance when complex cases arise.
Beginning September 15, 2026, maintaining F-1 status may involve both your academic/SEVIS record and separate federal immigration deadlines. Do not assume that an active SEVIS record or valid I-20 automatically means you can remain in the United States indefinitely. Know your I-94 expiration date, review your I-94 after every international entry, monitor your I-20 program dates, and contact International Education early whenever you anticipate a change.
IMPORTANT NOTICE
This FAQ is intended to provide general information to Clayton State University F-1 students based on the University’s implementation summary of the DHS final rule. Individual immigration circumstances may vary. Students should contact the Clayton State University International Education Department for individualized F-1 advising before taking actions that could affect immigration status.