If you are currently on an F-1 visa, waiting for another H-1B opportunity, or planning your next academic move through a Day-1 CPT program, the recent DHS rule update is something you should closely monitor.
The proposed rule could significantly reshape key parts of the U.S. F/J/I visa system, including how long students can stay, whether same-level degrees are allowed, how transfers work, and how much time students get after completing their program.
On June 17, 2026, the DHS rule completed OIRA review, moving one step closer to official publication. However, the rule is not final and not in effect yet. Current F-1 regulations, including Duration of Status (D/S), still apply.
In this guide, we break down what is being proposed, what is confirmed today, and how students should plan their next academic step strategically.
Key Changes Proposed Under the DHS Rule
If implemented as proposed, the rule could introduce four major changes:
1. Fixed Period of Stay Instead of D/S
F-1 students may no longer be admitted under Duration of Status. Instead, they may receive a fixed admission period with a specific end date.
2. Restrictions on Same-Level Degree Programs
Students who already completed a U.S. degree may face restrictions on pursuing another program at the same academic level. This could directly impact second master’s planning.
3. Stricter Transfer and Program Change Rules
Undergraduate students may need to complete at least one academic year before transferring schools
Graduate students may face stricter limits on changing programs after enrollment
4. Shorter Grace Period
The current 60-day grace period after program completion may be reduced to 30 days, limiting time for transfers, job search, or status changes.
DHS D/S Rule Timeline
- 2020: Initial proposal introduced to replace D/S system
- 2021: Proposal withdrawn
- August 28, 2025: New proposed rule published
- September 29, 2025: Public comment period closed
- May 5, 2026: Final rule submitted for OIRA review
- June 17, 2026: OIRA completed review (“Consistent with Change”)
What happens next?
The rule must still be published in the Federal Register before it becomes official. Until then, current immigration rules remain unchanged.
What Does OIRA Review Mean?
OIRA (Office of Information and Regulatory Affairs) is part of the White House regulatory process that reviews federal rules before publication.
“Consistent with Change” means:
- The rule completed federal review
- Changes were made during review
- It is closer to publication
However, it does NOT mean:
- The rule is active
- The rule is final
- Students must follow new rules
Only publication in the Federal Register makes it official.
What F-1 Students Should Do Now
At this stage, no legal changes are in effect. However, planning ahead is important if you are:
- Near OPT expiration
- Considering a second master’s degree
- Exploring Day-1 CPT options
- Waiting for H-1B lottery results
- Planning long-term academic pathways
Students should focus on flexible planning rather than reacting to speculation.
University Options for Day-1 CPT & Doctoral Pathways
If future rules restrict same-level degree transitions, many students may shift toward doctoral-level programs for long-term academic continuity.
Below are commonly explored Day-1 CPT–eligible doctoral pathways:
Why Doctoral Programs Are Becoming More Important
If second master’s options become restricted in the future, doctoral programs may become a more structured academic pathway.
However, students should consider:
- Limited seat availability
- Longer admission timelines
- Higher documentation requirements
- Early intake closures
This makes early planning critical, especially for students with expiring OPT or limited H-1B opportunities.
Key Takeaway
The DHS D/S rule has NOT taken effect yet.
- F-1 D/S system is still active
- CPT and Day-1 CPT remain legal under current rules
- Second master’s programs are still available
- No immediate changes are required
However, students should begin evaluating backup academic options early instead of waiting for final implementation.
Final Thoughts
The DHS rule is moving closer to publication, but it is still not law. Until the final rule is published in the Federal Register, F-1 students remain under current immigration regulations.
The key is not urgency, but preparedness—understanding your academic options early can help you make better decisions when timelines become tight.
For more updates on CPT, F-1 visa changes, and Day-1 CPT programs, stay connected with CPT Hunt.
Disclaimer: This content is for informational purposes only and not legal advice please consult a qualified advisor before taking action.
People Also Ask
1. Is the DHS D/S rule for F-1 students active in 2026?
No. The DHS D/S rule has completed OIRA review but is not yet published in the Federal Register, so it is not in effect.
2. What does OIRA review mean for F-1 visa students?
OIRA review is a White House regulatory step. It means the rule is under final review but is not legally active or enforceable yet.
3. Will the DHS rule affect CPT or Day-1 CPT programs?
There is no official rule affecting CPT or Day-1 CPT yet. Students must continue following current F-1 regulations until a final rule is published.
4. Can F-1 students still pursue a second master’s degree in the U.S.?
Yes. Second master’s programs are still allowed under current immigration rules. Proposed restrictions are not yet implemented.
5. What should F-1 students do after OPT expires in 2026?
Students should evaluate options early, including CPT-based programs, second master’s, or doctoral pathways, depending on long-term immigration goals.
