On July 17, 2026, DHS published a final rule that would end open-ended "duration of status" for F-1 students and J-1 exchange visitors, replacing it with a fixed I-94 date. It is scheduled to take effect September 15, 2026, but it is still subject to congressional review, so treat that date as a planning target, not a certainty.
If duration of status goes away, your F-1 employees on CPT, OPT, and STEM OPT get a fixed I-94 date instead of open-ended status. Here are direct answers to the questions you are asking, starting with what D/S means and ending with who has to pay for what. This guide focuses on the F-1 side, since that is where most HR teams spend their time. Your J-1 employees work differently, and that is covered separately near the end.
D/S stands for "duration of status." It is the notation printed on the I-94 for your F-1 students and J-1 exchange visitors instead of a fixed end date. It means the person can stay as long as they remain enrolled, employed under OPT or STEM OPT, or otherwise following the rules of their program. The I-94 itself does not carry an end date, though their I-20, DS-2019, and EAD still do.
That I-94 piece is what would go away. In its place, your F-1 and J-1 employees would get a fixed date on the I-94, the same way your H-1B and L-1 employees already do.
It is printed on the Form I-94, in the field that shows how long someone is authorized to stay in the country. For your F-1 and J-1 employees today, that field may say "D/S" instead of a date.
The I-94 is the government's record of how long someone is authorized to stay in the country. CBP usually creates one when a person enters the United States, but USCIS also issues an updated I-94 when it approves an extension of stay or change of status. For your F-1 and J-1 employees, this is the document that would show a fixed end date once D/S goes away.
Directly from CBP at i94.cbp.dhs.gov, using their name, date of birth, and passport information. It takes a few minutes and it is free. You do not need to involve the school or an attorney just to pull the record.
CPT remains authorized by the DSO on Form I-20. It does not require Form I-765 or a separate EAD.
The fixed I-94 date still matters, though. If your employee's program or CPT authorization extends beyond their current admission period, they may need to file Form I-539 or seek a new admission.
- CPT fits within the current admission period: No extra filing. The DSO authorizes it on the I-20 the same way as always.
- CPT would extend beyond the current admission period: A timely filed extension may let existing CPT authorization continue for up to 240 days, until USCIS decides, or until the DSO-authorized CPT end date, whichever comes first. Review the I-94, I-20, and USCIS receipt notice together before allowing employment to continue past the I-94 date.
- Currently on CPT: Continues under the DSO-authorized I-20, but confirm the CPT period does not run past the current I-94 date.
March 18, 2027 is primarily relevant to the OPT and STEM OPT transition exception below, not to CPT.
Unlike CPT, post-completion OPT goes through USCIS, so both the D/S-to-fixed-date change and the March 18, 2027 date matter to you here.
STEM OPT files the same way as OPT, since it is also a Form I-765 filing to USCIS. The main difference is timing: most STEM OPT applicants have already been through an initial OPT period, so check whether they are still on D/S or already picked up a fixed I-94 date along the way.
Through USCIS, not through the school. The employee files Form I-539 to extend their stay, along with any updated program paperwork their school or program sponsor issues. It is a federal filing, done online or by mail, and it can be filed while the person is still in the country.
Not automatically. Here is how the pieces break down:
As of 2026, here is what to budget for:
- Extension of stay (Form I-539): $420 online or $470 on paper. USCIS no longer charges a separate biometrics fee for most of these filings.
- OPT or STEM OPT work permit (Form I-765), if also needed: A separate fee on top of that, roughly $470 to $520.
As of this writing, premium processing is not available for the extension of stay filing, so there is no way to pay for faster turnaround on that piece.
Fees change, so check USCIS's current fee schedule before quoting a number to anyone.
No. The extension of stay is filed from inside the United States. Someone only needs to leave and re-enter if they want to travel anyway, if their extension gets denied, or if they choose to seek a fresh admission at the border instead of filing. None of those are required just to renew.
As early as possible. USCIS generally lets people file their extension of stay starting around six months before their current authorized stay ends. That is general guidance rather than a hard cutoff, so confirm the exact window with your immigration attorney or on USCIS's site rather than treating it as a fixed rule. USCIS processing times for these filings can also run several months on their own, so waiting until close to the expiration leaves little room for error.
A practical target: start the conversation with the employee around the six-month mark, then adjust based on the processing times currently posted for the relevant USCIS service center.
Once D/S goes away, you have two dates in play for anyone on OPT or STEM OPT: the fixed date on the I-94 and the expiration date printed on the Employment Authorization Document. The rule is designed to line these up, but do not assume they match. Confirm both, and treat an earlier I-94 date as a reason to review the situation, not as an automatic deadline.
The F-1 departure period after a program or OPT ends is shrinking from 60 days to 30 days. That gives your employee half the time to wrap up, transfer programs, change status, or leave the country compared to today.
Missing a fixed I-94 deadline without a timely filed, pending extension is serious. Unlawful presence can start accruing the day after the I-94 expires, with no formal finding from USCIS required first. If an extension application is denied, there is generally no additional departure period, your employee needs to leave right away. Confirm the specific consequences with your immigration attorney before assuming there is any buffer.
There is no CPT, OPT, or STEM OPT equivalent for J-1. Work authorization for most J-1 categories comes through the approved exchange program and Form DS-2019 rather than a separate EAD.
If the program will continue beyond the fixed I-94 date, the sponsor must provide an updated DS-2019, and your employee must also request an extension of stay from USCIS. An updated DS-2019 by itself does not extend lawful status beyond the I-94 date. A timely filed extension may let your employee continue authorized program activities and employment while the application is pending, subject to the rule's time limits.
Coordinate the DS-2019, I-94, and USCIS filing with the program sponsor and your immigration attorney directly rather than applying anything from the F-1 sections above.
Start with a simple tracking sheet: every F-1 and J-1 person, their I-94 date, program end date, and EAD date, all in one place next to the visa tracking you already do for H-1B and other categories. Set your own internal alert well before the six-month filing window opens, not after.
Give employees one clear point of contact for questions, whether that is HR or immigration counsel, so nobody is guessing about deadlines or who pays for what. And keep an eye on the effective date itself. Between now and September 15, 2026, watch for a delay, a change, or a termination notice from DHS, and be ready to adjust the plan either way.
This article is for informational purposes only and does not constitute legal advice. Consult qualified immigration counsel before making decisions about your sponsored workforce.
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