Duration of Status Final Rule Explainer for English Language Training

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 in 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 insight and understanding progresses.

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

Extension of Stay (EOS) Process

24-Month Lifetime Limit on English Language Training

Transition Provisions

Limits on F-1 Transfers and changes of educational objectives (coming soon)

Pathways / Movement under the same I-17 (coming soon)

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.

AUD Date Scenario:

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.

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 [NOTE FROM GOOGLE DOC: Should make reference to transfer procedures, as this scenario assumes either a return home or a change to another status] to change to another legal status. More information on transfers coming soon. 

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.

  • Admit for the length of the program or per session/term applied to? (is this a question for DHS or just one to consider?]

  • How much funding do you need to see? 
• 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

• 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? 

Scenario/Question: 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.

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.

• Students already 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 entering the U.S. on or after September 15, 2026 will receive an AUD on their I-94  that includes a 30-day post-completion grace period.

• 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 & Questions 

• New regulatory concept of “educational objectives," which the rule generally defines as "majors or educational levels."

• “An F-1 student at any level below the graduate degree level 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.” (Revised 8 CFR 214.2(f)(5)(ii)(A))

• An F-1student who completes a program of study after September 15, 2026 and wishes to begin a subsequent program would be limited to subsequent programs at a higher educational level. (8 CFR 214.2(f)(v)(ii)(C)) & 8 CFR 214.2(f)(v)(ii)(B)

  • Transfer to a degree program: Limited to the academic year requirement because of I-20 program completion?

  • But a lateral transfer to another ELP would not be allowed?

    • How will USCIS define completion of ELT?

  • A student at the degree program level would be prohibited from transferring to a language training I-20 (no reverse matriculation)
    
    

• Movement between campuses under the same I-17

  • “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.”

  • No EOS for “movement”  or change in educational level under the same I-17?

  • EOS to extend beyond the AUD

• F-1 transfer to a higher education level (bachelors, masters, etc.) may be allowed 

• Review transfer advising procedures.

• Coordinate pathway advising with partner institutions.

• Monitor future guidance regarding educational objectives and program completion.