End of D/S: fixed-date admission for F-1 / J-1 / M-1 / I — full explainer (2026 update)

TL;DR — three lines

• Who is affected: F-1 (incl. OPT / STEM OPT), J-1 / J-2, M-1, and I nonimmigrants — anyone whose I-94 currently shows D/S.
• What changes: CBP will stamp a specific end dateon admission rather than open-ended D/S. Missing that date means automatic UP accrual, aligned with B/H/L overstays.
• What to do now: pull your latest I-94, watch for Federal Register publication, and if you need EOS / COS / AOS, schedule it early with your DSO and attorney.

Rulemaking timeline

1. 2025-08-28: DHS publishes NPRM in the Federal Register (Docket ICEB-2025-0001 / RIN 1653-AA95), proposing to end D/S admission for F/J/I. Full text
2. 2025-08-28 → 2025-09-29: Public comment period (~30 days).
3. 2026-06-22: Final rule clears OMB / White House (OIRA) review, entering the "awaiting Federal Register publication" state.
4. Pending: Federal Register publication.
5. Publication + 60 days (default): effective. Defer to the effective date stated in the official text.

Core difference: D/S vs fixed admission date

Downstream impact

1. UP accrual logic is rewritten

Today F/J/M UP accrual is governed by Guilford College v. Wolf (M.D.N.C. 2020), which reinstated the 2009 Neufeld framework: UP starts only after USCIS makes a formal violation finding or an IJ rules. Under the new rule, D/S admissions collapse into the date-certain model — UP auto-starts the day after the fixed date, and the 180-day / 1-year thresholds directly trigger the 3 / 10-year bars.

2. Cap-gap sequencing needs to be reworked

Cap-gap still auto-extends F-1 status and EAD to October 1, but because F-1 shifts from D/S to a fixed date, the three-way sequencing between the fixed admission date, cap-gap trigger, and H-1B effective date requires more careful planning. Wait for USCIS follow-on policy guidance.

3. EOS becomes routine

4-year undergraduate, 6-8 year PhD, 3-year STEM OPT — programs that outrun the initial fixed admission date are the norm, not the exception. Under the new rule, all of these populations need to file I-539 EOS before the date. A timely-filed pending EOS generally counts as authorized stay, but denial raises risk sharply.

4. §222(g) becomes a live risk

Under the new rule, overstaying the fixed date for F/J/M does not only start UP accrual — it directly triggers INA §222(g): the visa is voided and reapplication is required in the country of nationality (not just any third country). That psychological cost is meaningful for students already in the U.S.

What to do now — by role

F-1 (incl. OPT / STEM OPT)

• Pull your latest I-94 today; confirm it still shows D/S and SEVIS ID matches your I-20.
• If your program will run > 4 years, discuss post-rule EOS scheduling with your DSO.
• During OPT / STEM OPT, keep EAD renewals and SEVP portal reporting current to avoid stacking violations.
• Use the decision tree to locate yourself on the status axis.

J-1 / J-2

• Verify your DS-2019 program end date + 30-day grace; under the new rule that becomes a hard boundary.
• If §212(e) two-year home residency applies, schedule waiver planning with your sponsor separately — don't compound it with the new rule.

M-1

• M-1 already has a 1-year cap; the rule mainly changes EOS mechanics, not the underlying cap.

I (foreign information media)

• Foreign correspondents in the U.S. will need to manage admissions by specific end date; align renewal cadence with employer counsel.

HR / DSO / RO / immigration law firms

• Run a full F/J roster: program end, current I-94, next EOS filing date.
• Update onboarding materials that describe D/S — don't keep telling new hires "D/S has no end date" after the final rule takes effect.

Common misconceptions

• ❌ "OMB clearance = effective." OMB clearance only means White House review is done. Publication in the Federal Register plus a typical 60-day delay still comes next.
• ❌ "It won't apply to people already in the U.S." Rulemakings usually cover current admissions. Transition treatment depends on the final text — don't assume you're grandfathered.
• ❌ "End of D/S = end of OPT." OPT authorization and admission length are two different things. The rule targets admission length, not the OPT program.
• ❌ "Not published yet, so no rush." OMB → publication typically happens quickly, and once published the 60-day countdown starts. By then the window is tight.

Where to verify

• Regulations.gov · ICEB-2025-0001-0001 — full docket and comments
• Federal Register · NPRM full text (2025-08-28)
• reginfo.gov · RIN 1653-AA95 · rulemaking progress
• USCIS Policy Manual

This site provides general information only.