Important Reminder from GT Law Firm: Path to Status Clearance for F-1 Students in the US

Recently, Greenberg Traurig (GT Law Firm), a well-known US law firm, issued an important reminder to investing families who are considering or have already initiated EB-5 applications and adjustment of status, regarding changes to the US F-1 student status rules.

The following is the main content shared

by the GT Law Firm attorney team:

The US Department of Homeland Security recently published a rule eliminating "Duration of Status" (D/S) for F-1 students, J-1 exchange visitors, and certain other nonimmigrant categories.

The rule is scheduled to take effect on September 15, 2026.

Under the new regulatory framework, F-1 students will no longer be admitted to stay in the US for the duration of their academic program, but will instead receive a fixed expiration date on their Form I-94.

This change makes careful monitoring of immigration timelines even more critical. Going forward, F-1 students will not only need to track academic program dates, Form I-20 validity, and OPT timelines, but also pay close attention to the expiration date listed on Form I-94. If additional stay in the US is needed beyond the I-94 expiration date, students may need to file an application for extension of stay with the US Citizenship and Immigration Services (USCIS) or pursue other appropriate immigration strategies.

For applicants preparing to file EB-5 petitions and adjust status, this change highlights the importance of advance planning and careful timing. Filing an EB-5 petition (Form I-526E) does not provide temporary immigration status or authorization to stay in the United States. Students must continue to maintain valid F-1 status or another lawful status prior to filing an application for adjustment of status (Form I-485).

For clients with pending EB-5 petitions, it remains crucial to continue tracking F-1 status, including the I-94 expiration date, I-20 validity, OPT authorization dates (if applicable), and any other relevant immigration deadlines. If any dates are nearing expiration, or if there are changes in academic status, OPT developments, employment changes, or international travel plans, please be sure to notify the legal team in advance so that appropriate response strategies can be evaluated in a timely manner.

Once a properly filed application for adjustment of status (Form I-485) is submitted, the applicant is generally considered to be in a period of authorized stay while the application is pending with USCIS. However, depending on the specific circumstances of the case, whether to continue maintaining the original F-1 status remains an important consideration.

Of particular note, GT Law Firm is continuing to evaluate the interaction between this new rule and USCIS's May 2026 policy memorandum regarding adjustment of status adjudications. This guidance introduces additional considerations regarding how USCIS assesses the timing and circumstances of adjustment of status applications. Therefore, in certain cases, continuing to maintain F-1 status during the pendency of the adjustment of status application may hold significant strategic value and risk management implications.

Therefore, GT Law Firm advises clients to:

• Closely monitor I-94 expiration dates, I-20 validity, OPT authorization dates (if applicable), and other relevant immigration timelines;

• Be sure to notify the legal team well in advance of any expiration dates, changes in academic status, OPT developments, employment changes, or planned international travel;

• Consult with the professional team before allowing F-1 status to lapse or changing current immigration strategies.

GT Law Firm is continuing to analyze the aforementioned policy changes and their practical impact on EB-5 investors, and will provide further professional guidance based on additional information released by USCIS and the progress of the new rule's implementation.

Greenberg Traurig (GT Law Firm), established nearly 60 years ago, has 49 offices in 15 countries worldwide with over 2,850 attorneys, making it the largest law firm in the United States. From 2008 to 2025, it ranked first in the number of lawyers on the Best Lawyers in America list. GT Law Firm's Immigration & Compliance Practice has been continuously recognized by Chambers USA as the top immigration practice in the nation from 2013 to 2024!

GT Law Firm is also a long-term partner of Worldway Group. Over the years, both parties have maintained close communication on matters such as US immigration policies, EB-5 investment immigration, and client identity planning. The GT Law Firm attorney team has also visited Worldway Group multiple times to share US immigration policy updates and professional legal advice with investing families.