Duration of Status Final Rule: Explainer for English Language Programs

On July 17, 2026, the U.S. Department of Homeland Security (DHS) published its final rule replacing Duration of Status (D/S) with fixed periods of admission for F-1 students and J-1 exchange visitors. The rule takes effect on September 15, 2026, introducing significant changes to how international students maintain lawful status while studying in the United States.

For English language programs (ELPs), these changes affect far more than immigration procedures. They influence admissions, advising, student progression, program planning, pathway partnerships, and institutional operations.

EnglishUSA has compiled this resource connected to the provisions of the final rule that are most relevant to English language programs and highlights practical considerations as institutions prepare for implementation. It is intended as an informational resource and does not constitute legal advice. The rule is complicated, and we will update this page as insights and understanding progresses.

• Transition Provisions

• Fixed Periods of Admission and the Admit Until Date (AUD)

• Extension of Stay (EOS) Process

• 24-Month Lifetime Limit on English Language Training

• Limits on F-1 Transfers and changes of educational objectives 

• Pathways / Movement under the same I-17 

Transition Provisions

The rule includes transition provisions that distinguish between students already present in the United States before September 15, 2026, and students entering on or after the effective date. Understanding which rules apply to which students is an important first step in preparing for implementation.

• Students CURRENTLY in the U.S. under Duration of Status do not need a new I-94 after September 15, 2026. They retain the 60-day grace period. 
• Students who first enter the United States on or AFTER September 15, 2026, become subject to the new fixed period of admission framework and will receive an Admit Until Date (AUD) on their Form I-94.
• Continued attendance students who depart and reenter AFTER September 15, 2026  will be subject to the new framework (AUD with 30-day grace period)

What This Means for English Language Programs

Prior to September 15, 2026, programs should simultaneously advise applicants, admitted students, and currently enrolled students about fixed admissions periods and the move to an AUD on the I-94.  Appropriate ELP staff should understand how the rule impacts each student’s study plan. 

Key Considerations

• Identify which students will remain under D/S and which will transition to the new framework.
• Ensure consistent communication across admissions, DSOs, and student services.
• Develop a communication plan for current and prospective students.

Fixed Periods of Admission and the Admit Until Date (AUD)

Beginning September 15, 2026, newly admitted F-1 students will no longer receive Duration of Status (D/S) on their Form I-94. Instead, they will receive an Admit Until Date (AUD), a specific date indicating how long they are authorized to remain in the United States. In most cases, the AUD will correspond to the program end date listed on the student's Form I-20, plus the applicable grace period (30 days). Students who need additional time beyond their authorized stay generally must obtain approval from U.S. Citizenship and Immigration Services (USCIS) through an Extension of Stay (EOS).

What This Means for English Language Programs

For students entering the U.S. to study in English language programs, the AUD upon initial entry is restricted to a lifetime aggregate of 24 months or the length of program on the I-20, whichever is shorter (see 8 § CFR 214.2(F)(5)(A)).  For ELPs, the projected completion dates become increasingly important because they help establish a student's initial authorized period of stay. Unlike many academic degree programs, language acquisition is highly individualized. Students progress at different rates depending on their proficiency level, educational background, attendance, and learning goals.

If a student completes their program before the end date on their Form I-20, they do not keep the extra time on their I-94. The school will update (i.e., shorten) the student's program end date in SEVIS. After the program ends, the student has 30 days to leave the United States or apply to stay by applying  to change to another legal status. More information on transfers coming soon. 

Scenario: Admit Until Date
A language training student has an initial I-20 for a 2-month program of study, October 15, 2026 to December 15, 2026. They enter the US on October 1st. The correct AUD for this student is January 14, 2027 (I-20 program end date + 30 days).

Key Considerations for ELPs

• Review program policies on extending a registered student’s program of study. How long can you extend for?  Do you need to see new financial docs?
• Review policies on program length and how initial I-20 or DS-2019 program dates are established. 

  • How much funding do you need to see to issue a 2-year or more I-20? (Academic year for a clock hour program = 26 weeks)

• What is your plan for informing prospective, admitted, and current students about any changes in program policy?

• How will you inform internal and external stakeholders of any changes?

Extension of Stay (EOS) Process

After September 15, 2026, students who require additional time beyond their authorized admission period generally must submit Form I-539 to USCIS before the program end date on their I-20 or DS-2019. English language training students cannot extend their stay beyond the 24-month ESL limit. 

The I-539 application includes a filing fee (currently $420 if applying online) and may require an interview, biometrics, or other documentation. Students who timely file an EOS application may generally continue pursuing a full course of study while the application remains pending. However, they should consider the possibility that USCIS may deny their application. 

What This Means for English Language Programs

Extension of Stay introduces a new advising responsibility for many English language programs. Students will seek guidance regarding filing timelines, required documentation, processing times, travel, and the implications of pending applications. DHS has opted to provide flexibility by allowing F and J non-immigrants to either file for an EOS or depart and reenter the United States to extend their stay. Each option has advantages and disadvantages, and the decision is up to the individual. Remember that while presenting options and relevant factors to consider is something that ELP advisers may be expected to do, actually recommending which option to choose (i.e., EOS or travel/reentry) is more akin to legal advice. Students and exchange visitors who need assistance in making these decisions and formulating immigration strategies should be referred to an experienced immigration lawyer.

Key Considerations for ELPs

• Anticipate increased coordination among DSOs, admissions personnel, and student services offices
• Establish processes for tracking and monitoring the I-20 end date / AUD / potential need for EOS
• Plan on frequent and consistent communication regarding EOS (collectively and individually)
• Review advising procedures regarding EOS timelines.
• Understand how travel may affect pending EOS applications.

24-Month Lifetime Limit on English Language Training

The final rule establishes a 24-month aggregate lifetime limit on English language training for F-1 students beginning September 15, 2026. Time completed before the effective date does not count toward the limit. The aggregate period includes authorized study, vacations, breaks, and leaves of absence (including medical), and English language training students may not extend their stay beyond the 24-month maximum.

What This Means for English Language Programs

This provision may significantly affect advising for students who begin at lower proficiency levels, transfer between English language programs, interrupt their studies, or require additional instructional time. Programs may also receive questions regarding how previous English language training will be tracked across institutions.

Any programs completed before the effective date of the rule will not be counted towards the limits for ELT or other programs. In addition, the lifetime limit of 24 months for ELT will be applied prospectively.  The 24-month lifetime limit would begin counting for students after the rule takes effect.

Key Considerations & Questions

• Review policies on program length and how initial I-20 or DS-2019 program dates are established including how much funding you need to see documented.
• The lifetime limit applies prospectively beginning September 15, 2026.
• For ELT students entering the US on or after September 15:
  • The I-20 program start date determines the start of the 24-month limit if the I-20 has a program of study of over 24-months.
  • The I-20 program end date determines the AUD if the program of study is less than 24-months.
• Understand and advise students accordingly on how breaks, vacations, and leaves of absence count toward the aggregate limit.
• Students may require earlier advising regarding impact on long-term study plans.
• Monitor future DHS, USCIS, and SEVP guidance as implementation continues.

Questions for DHS

• When issuing an initial Form I-20 for a language training student, should the program dates reflect the total time needed to complete all levels of the program, or only the sessions or semesters for which the student has applied?
• How will Customs and Border Protection (CBP) manage the 24-month ESL limit and the AUD for language training?
• How is the AUD determined for language training students on break, vacation, or leave of absence returning to the US after September 15?
• After September 15, how will CBP determine the AUD for an initial F-1 student who previously studied ELT after the effective date? 
• F-1 students in the U.S. on September 15, 2026 will retain Duration of Status. Will DHS enforce the 24-month ELT limit for continuing students who retain D/S but have an I-20 program end date beyond the 24-month ELT limit that starts on September 15?

Scenario/Questions: Applying the 24-Month Lifetime Limit Across Multiple ELT Programs

A language training student enters the U.S. with a 2-month I-20 (October 15–December 15, 2026) and receives an AUD of January 14, 2027. They leave on December 16, 2026, and their SEVIS record is completed. Later, they return with a new I-20 from a different English language program for August 15, 2027–August 15, 2029 (24 months). 

• How will CBD determine the AUD in this scenario? Will they deny admission if the I-20 program dates exceed the 24-month limit? 
• How will ELPs know whether a student has previously studied ELT and how much of their lifetime limit they may have used since they do not have access to previous SEVIS records. It is also unclear how USCIS will track this due to changes of passport numbers and name changes throughout an individual’s lifetime.

Limits on F-1 transfers and changes of educational objectives

The final rule establishes new restrictions affecting transfers, changes in educational objectives/levels, and progression between educational levels. It introduces the concept of “educational objectives,” which should be understood as “majors or educational levels”. Under the rule, Language Training is an educational objective. The rule states that Language Training students (or Associate or Bachelor level students) may not “transfer or change educational objectives, i.e., majors or educational levels, within the first academic year of a program of study, unless an exception is authorized by SEVP for extenuating circumstances.” 

After completing a program of study at a particular educational level, F-1 students are barred from pursuing a subsequent program at the same or lower educational level. SEVP's Elimination of Duration of Status FAQ, under ‘Once I complete my current program of study, can I enroll in a new program at a different educational level?’, states, “yes,” but students must enroll in a new program of study at a higher education level. They are prohibited from reverse or lateral matriculation after they have completed their program of study at that education level. 

What It Means for English Language Programs

The rule restricts transfers or changes in educational objectives/levels during the first academic year unless 1.) SEVP allows an exception, or 2.) program completion. These parameters impact ELPs in specific ways. 

F-1 transfers to another ELP without program completion

Paragraph (8)(i)(D) of the rule prohibits transfers and changes in educational objectives for language training students until they have completed their first academic year of a program of study at the school that issued their Form I-20, unless SEVP authorizes an exception for "extenuating circumstances."

SEVP Policy Guidance from 2014 defines an academic year as:

• Twenty-six weeks of instructional time for a program offered in clock hours

• Thirty weeks of instructional time for a program offered in a combination of credit and clock hours

A student enrolled in English Language Training (ELT) must enroll for an academic year at the ELP that issued the initial I-20 or seek an exception from USCIS before transferring to a different ELP (under a different I-17). 

F-1 transfer to another ELP after program completion at the initial ELP

8 CFR 214.2(f)(v)(ii)(C) states that an F-1 student who has “completed a program after September 15, 2026, at one educational level may not maintain, be admitted, or otherwise be provided F-1 status through a program at the same educational level or a lower educational level.” This means a student who has completed English Language Training (ELT) at an ELP may be barred from transferring to another ELP unless allowed an exception by USCIS.

In April 2026, SEVIS added the following question when completing a program or transferring a record:

 "Did the student, or will the student, receive a degree, diploma, certificate, transcript, or other similar document indicating completion of all curricular requirements for the program of study at your institution?" (Yes/No) 

The question is currently optional, but it may become required beginning September 15, 2026.

Scenario: Program Completion & Transfer

An F-1 student enrolls at a university-based ELP in Virginia on October 1, 2026. They have a 4-month language training I-20, and the AUD on their I-94 is March 1, 2027 (program end date + 30 day grace period). Before the I-20 expires, they seek to transfer to an independent ELP in Massachusetts. In SEVIS, the DSO at the ELP in Virginia indicates that the student completed their program of study by answering yes to the above question. The student timely submits an EOS with the transfer-pending I-20. 

• Would USCIS approve a transfer to another ELP if the student completes a program of study at their initial ELP? 

• Would they approve the transfer in this case, even if it occurs in less than an academic year? 

SEVP needs to clarify this, as there is much variety in ELP curriculum and the levels offered. For example, some ELPs only offer a General English curriculum while others focus on English for Academic Purposes or Exam Preparation. Some also offer fixed program dates (e.g. fixed start and end dates for a fixed period) and others offer flexible dates (e,g, no fixed start or end dates, aka rolling enrollments).

Key considerations for ELPs about transfers to another ELP

• Review program policies for completion and understand how they impact a student’s transfer to a new ELP. 

• When transferring or completing an I-20 in SEVIS, how will your program respond to this question:

  • "Did the student, or will the student, receive a degree, diploma, certificate, transcript, or other similar document indicating completion of all curricular requirements for the program of study at your institution?" (Yes/No) 

• Because the program dates on the I-20 will determine the Admit Until Date (AUD), review policies on program length and how initial I-20 program dates are established. 

  • Are the I-20 program dates set by:

    • The time it takes to complete all levels of the ELP?

    • The number of sessions/terms the student plans to enroll?

• How will your ELP track the AUD and I-20 program end dates to ensure students can timely file an EOS with USCIS for transfers to a new ELP

• What is your plan for informing prospective, admitted, and current students about any changes to transferring to a new ELP? How will you inform internal and external stakeholders of any changes?

Questions for DHS about transfers to another ELP

• No nationally recognized English completion standards exist because language learning is unlike pursuing a degree or certificate. How will DHS determine completion of English language training given the wide variation in curriculum, student proficiency levels, level-progression policies, and student learning outcomes across programs and institutions?

• Will completion of a program of study at the initial ELP bar a student from transferring to a different ELP (assuming study is within the 24-month ESL limit)?

• How will the 24-month ESL limit be counted when a language training student transfers to a new ELP?

  • For example, if there is a two-month break between ending at School A and starting at School B, will the break count toward the 24-month limit?

• Will exit and reentry allow a student to transfer to a new ELP even if they have enrolled at the initial ELP for less than an academic year?  Will CBP enforce the limit of lateral transfers at entry?

F-1 transfers to a degree program following completion of a course of study

8 CFR 214.2(f)(v)(ii)(B) provides that “an F-1 student who has completed a program in the United States at one educational level and begins a new program at a higher educational level is considered to be maintaining F-1 status.” This means a student who has completed English Language Training (ELT) at an ELP could be allowed to transfer to a degree program, even if the program of study is less than an academic year.  SEVP’s FAQ reiterates this in the ‘Maintaining Status for F Students’ section. 

Scenario: Transfer to Degree Program

 An ELT student is issued an I-20 with program dates of August 2026 through December 2026 for a four-month course of study. The student completes those four months, is admitted to a degree program beginning in January 2027, and the SEVIS record is transferred before the ELT I-20 end date. During the transfer, the DSO answers "Yes" to the question indicating that the student completed all curricular requirements for the program of study. The student remains in the United States and timely files an Extension of Stay (EOS) using the transfer-pending degree program I-20.  The student must maintain a full course of study while the EOS is adjudicated.

Given SEVP’s FAQ and 8 CFR 214.2(f)(v)(ii)(B), the EOS should be approved because the student completed their program of study at the ELP. However, it is unclear how DHS will act if the DSO indicates in SEVIS that the student did not complete the course of study.  (For example, if they did not complete the highest level offered but did complete all the weeks in which they were originally enrolled.)

Key Considerations for ELPs about transfers to a degree program

• Review program policies for completion and understand how they impact a student’s transfer to a degree program. 

• When transferring an I-20 to a degree program in SEVIS, how will your program respond to this question?

  • "Did the student, or will the student, receive a degree, diploma, certificate, transcript, or other similar document indicating completion of all curricular requirements for the program of study at your institution?" (Yes/No) 

• Because the program dates on the I-20 will determine the Admit Until Date (AUD), review policies on program length and how initial I-20 or DS-2019 program dates are established. 

  • Are the I-20 program dates set by:

    • The time it takes to complete all levels of the ELP?

    • The number of sessions/terms the student plans to enroll?

• How will your ELP track the AUD and I-20 program end dates to ensure students can timely file an EOS with USCIS for transfers to a degree program?

• Will the student be able to complete the curricular requirements for program completion before the I-20 program end date so they can get the transfer-pending I-20 and timely file the EOS? 

• What is your plan for informing prospective, admitted, and current students about any changes to transferring to a degree program after ELT? How will you inform internal and external stakeholders of any changes?

Questions for DHS about transfers to a degree program

• No nationally recognized English completion standards exist because language learning is unlike pursuing a degree or certificate. How will DHS determine completion of English language training given the wide variation in curriculum, proficiency outcomes, and student learning outcomes across programs and institutions?

• Will completion of a program of study at the initial ELP ensure that a language training student can transfer to a degree program even if they have enrolled for less than an academic year? 

• How will DHS handle mid-session transfers to a degree program? 

  • For example, when a student withdraws early from a 4-month program of study to transfer to a degree program. In this case, the student will not complete the program of study, but has gained admission to a degree program. Will DHS approve the transfer? 

• How will DHS use a DSO’s answer to this question when adjudicating an EOS for transfer to a degree program? 

  • "Did the student, or will the student, receive a degree, diploma, certificate, transcript, or other similar document indicating completion of all curricular requirements for the program of study at your institution?" (Yes/No) 

Movement under the same I-17 / Pathway Programs / Conditional Admission

The preamble of the rule states:

"DHS does not consider movements between campuses, that is, between instructional sites listed under a singular Form I-17 petition, to constitute a transfer or change in educational objective for the purposes of this rule. Transfers between campuses on the same Form I-17 will be reclassified as campus reassignments.

Within SEVIS, DHS plans to introduce functionality that will allow students to be reassigned from one campus to another within a certified Form I-17. However, this functionality will not permit reassignments between schools with separate Forms I-17. As these modifications are implemented, SEVIS users will be updated, as needed, via Broadcast Messages and Release Planning Guides once the changes have occurred."

It remains to be seen how this new functionality will work in SEVIS, but it will impact pathway programs, conditional admission, and transfers to a degree program under the same Form I-17. 

Pathway programs

In 2016, SEVP issued Policy Guidance S7.2: Pathway Programs for Reasons of English Proficiency. It defines a pathway program as “a postsecondary program of study combining credit-bearing and developmental ESL coursework to prepare a student who is unable to meet the English proficiency standards for admission. Such a program leads into an SEVP-certified degree program.”

Scenario A

• An F-1 student is admitted to a 4-month pathway program at a university in Pennsylvania that begins January 2027. They arrive and have an AUD on the I-94 based on the pathway program I-20. They complete the 4-month program in April 2027 by taking both credit and non-credit coursework, and they meet the requirements for admission to the undergraduate program at the same university. They will start the degree program in August 2027. The pathway program and degree program are included on the university’s Form I-17.

In this instance, it appears that an EOS requesting a change of level will not be required because of yet-to-be-created SEVIS functionality allowing campus reassignments under the same Form I-17. 

However, in cases where the pathway program and the degree program are not under the same Form I-17, an EOS would be required for I-20 transfers to a new school (i.e. new I-17). 

Scenario B

An F-1 student is admitted to a university pathway program in Ohio. The university has a formal articulation agreement with a separate college in Michigan that recognizes successful completion of the Ohio pathway program as meeting its English language proficiency requirement for admission. The student completes the four-month pathway program in December 2026, successfully finishing both credit-bearing and non-credit coursework. They satisfy all requirements for admission to the undergraduate degree program at the Michigan college and are scheduled to begin their studies in January 2027.

The pathway program and the undergraduate degree program are under separate Forms I-17 because they are offered by two different SEVP-certified schools.

In both scenarios, an EOS would be required if the program end date on the degree program I-20 is after the Admit Until Date on the student’s I-94. The request for change of level or I-20 transfer must be made to the DSO before the program end date listed on the Form I-20, and an EOS must be timely filed. 

After September 15, 2026, students in language training pathway programs may benefit from entering the U.S. using the language training pathway I-20 and then timely filing an EOS when admitted to the degree program. If the EOS is approved based on the degree program I-20, the student would receive a new period of admission tied to the degree program end date, reducing the likelihood of needing another EOS before completing the degree. This approach could also lower the risk of a future EOS denial if additional time is needed to finish the degree beyond the initial four-year admission period. 

Conditional admission to a degree program

SEVP issued Policy Guidance S13.1: Conditional Admission in 2016. It defines conditional admission as “an agreement between a school and a student to tentatively admit the student into a program of study for which the student does not meet all standards for admission. This agreement is contingent upon the student successfully meeting a school-specified set of supplemental conditions intended to fully qualify the student for the program.”  SEVP rules prohibit DSOs from issuing a Form I-20 to students who have only been conditionally admitted. Students must first meet all admission requirements for the program on the Form I-20, including any English language requirements, before a Form I-20 can be issued.

In most cases, a student who receives conditional admission from a university or college is first issued a Form I-20 for a language training program. After the student meets the English language requirements outlined in the conditional admission offer, they transfer their SEVIS record to the degree program and receive a new Form I-20 for that program.

Under the new rule, it appears that an I-20 transfer will not be needed if the English language program and the degree program are under the same Form I-17. However, an EOS would be required if the program end date on the degree program I-20 is after the Admit Until Date on the student’s I-94. 

An EOS would be required for transfers in cases where the student would transfer to a different university or college (i.e. different Form I-17).

Questions for DHS about movement under the same I-17

• For pathway and degree programs under the same Form I-17, can the initial Form I-20 include the time for the pathway program and the degree program?

  • For example, the student is admitted to an 8-month pathway program. Can the initial I-20 include the 8 months and the 4-year degree program? 

• Can a university or college-affiliated ELP with a separate Form I-17 qualify as part of a pathway program with the university if the degree program is under a different Form I-17 than the ELP?

• Can an independent ELP/pathway provider partnered with a university ever qualify for “campus reassignment” in cases where the ELP and degree program are on different Form I-17s?