Final Rule on F-1/J-1 Duration of Status (D/S)

The formal title of the rule is: “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media”. Access the text of the rule

On July 17, 2026, the U.S. Department of Homeland Security (DHS) published the final rule, which eliminates the duration of status (D/S) admission period for F and J students/scholars. Effective September 15, 2026, F and J students/scholars will instead be admitted for a fixed period of stay based on the program end date listed on their Form I-20/DS-2019, up to a maximum of four years. In addition to this admission period, students may enter the United States up to 30 days before their program start date and remain for up to 30 days after their program end date. Their authorized period of stay will be reflected as a specific Admit Until Date on their Form I-94.

Under the old system, students admitted for D/S could remain in the U.S. as long as they maintained valid immigration status and continued their academic program or authorized practical training.

Under the new rule, F-1 and J-1 students are admitted to the United States for a specific period of time that is tied to the dates of their academic program, up to a maximum of four years at a time unless USCIS approves an Extension of Stay. Your Form I-94 will list an Admit Until Date that is generally based on the program dates shown on your Form I-20 or DS-2019, subject to the four-year maximum. In addition, students may be admitted up to 30 days before their program start date and are generally granted a 30-day grace period following their program end date. These pre-program and post-program periods do not count toward the four-year maximum period of admission.

Your authorized stay end date is listed on your Form I-94 under the “Admit Until Date.” Because admission information can change with each entry into the United States, it is important to review your Form I-94 after every re-entry to confirm that the information is accurate and that you understand the date through which you are authorized to remain in the country.

Please note that if you were admitted to the U.S. for the Duration of Status (before the final rule went into effect on September 15, 2026), your Form I-94 will not show the “Admit Until Date”.  Your “Admit Until Date” will be determined by the Program End Date on your Form I-20 or DS-2019, or the end of your OPT or STEM OPT extension that is valid on the final rule’s effective date, not to exceed Nov. 14, 2030 (four years, plus a 60-day departure period for F-1 students or four years, plus a 30-day departure period for J-1 Exchange Visitors).

No. You do not automatically receive four years of authorized stay. The length of your stay in the United States is tied to the duration of your academic program. If your program is shorter than four years, your authorized stay will end earlier. Generally, your admission period is based on the program end date listed on your Form I-20 or DS-2019, with the ability to enter the United States up to 30 days before your program begins and remain for the applicable grace period following the completion of your program.

If your academic program extends beyond four years, you must apply for an Extension of Stay with USCIS before your current I-94 expires. To do so, you will first need to obtain an updated Form I-20 or DS-2019 reflecting your extended program dates. You must then file Form I-539 with USCIS, pay the required filing fees, and complete biometrics, if requested by USCIS. Approval of the Extension of Stay application is required in order to remain in the United States beyond the end date listed on your original I-94.

To remain in the United States beyond the expiration date on your current I-94, you must first request a program extension from your DSO and obtain an updated Form I-20 or DS-2019 reflecting the extended program end date. Once you receive the updated document, you must file Form I-539 with USCIS before your current I-94 expires. After the I-539 is submitted, you may remain in the United States while USCIS processes your extension request, even if your I-94 expires during the pending adjudication period.

Under the new rules, F-1 students generally receive a 30-day grace period following the completion of their academic program, while J-1 exchange visitors continue to receive a 30-day grace period. However, certain transition provisions may temporarily preserve the traditional 60-day grace period for F-1 students who were previously admitted under Duration of Status (D/S).

As a result, many current students may continue to receive the traditional grace periods that have historically applied: 60 days for F-1 students and 30 days for J-1 exchange visitors. The specific grace period available will depend on how and when the student was admitted to the United States and any applicable transition rules.

If you complete your degree program earlier than expected, your Form I-20 or DS-2019 will be updated to reflect your actual program completion date. Your grace period will begin immediately following your last required enrollment date, and you may not remain in the United States until the original I-94 expiration date simply because additional time remains on your admission record. Once you have completed your program, your immigration timeline is based on your actual completion date and the applicable grace period.

Before your grace period ends, you must take action to maintain lawful status. This may include departing the United States, filing an application for an Extension of Stay if eligible, or filing an application for a Change of Status with USCIS.

If you are physically present in the United States on the effective date of the final rule and were admitted for duration of status (D/S), you do not need to apply for an Extension of Stay (EOS) at that time.

Under the transition provisions, you may remain in the United States until the Program End Date listed on your Form I-20 or DS-2019 or the end of your approved post-completion OPT or STEM OPT that is valid on the effective date of the rule, whichever applies. Your authorized stay under this provision may not extend beyond November 14, 2030 (four years after the rule’s effective date, plus a 60-day departure period).

Upon returning to the United States, you may be admitted with a new fixed period of admission, which is the Program End Date on your Form I-20/DS-2019, up to a maximum of four years (plus a 30-day departure period).

If you need additional time beyond your Admit Until Date (AUD) to complete an authorized period of post-completion Optional Practical Training (OPT) or STEM OPT, you must apply for an Extension of Stay (EOS) with U.S. Citizenship and Immigration Services (USCIS).

To apply you must do the following:

Work with ISO to:

• Recommend post-completion OPT or STEM OPT
• Recommend an Extension of Stay (EOS), and
• Issue an updated I-20

You will then need to timely file the EOS application with USCIS, including all required supporting documentation. And, then apply for employment authorization with USCIS.

Current F-1 students who were admitted for duration of status (D/S), are physically present in the United States when the final rule takes effect on September 15, 2026, and timely file an application for post-completion OPT or STEM OPT by March 18, 2027, will not be required to file a separate Extension of Stay (EOS) application.

However, if you travel before filing for post-completion OPT or STEM OPT and are readmitted into the United States with a fixed period of admission: These students must file both an EOS application and an application for post-completion OPT or STEM OPT.

If your OPT or STEM OPT application is denied after your Form I-94 has expired, you generally become out of status immediately upon denial and may begin accruing unlawful presence. In this situation, you should make plans to depart the United States as soon as possible. A denial notice does not typically provide an additional grace period unless one is specifically granted in the notice, which is uncommon.

If your Form I-94 remains valid at the time your OPT or STEM OPT application is denied, you may generally continue to remain in the United States until the I-94 expiration date. However, because the consequences of a denial can be significant, students should carefully review the denial notice and consult with their international student office or qualified immigration counsel regarding their specific circumstances.

If you are an F-1 student with a timely filed, cap-subject H-1B petition and you qualify for a cap-gap extension, you will not need to submit a separate EOS application. Your F-1 status may continue through the cap-gap period until your H-1B petition is approved or until April 1 of the applicable fiscal year, whichever comes first.

If you need additional time beyond your Admit Until Date (AUD) to complete a period of post-completion Academic Training, you must apply for an Extension of Stay (EOS) with U.S. Citizenship and Immigration Services (USCIS).

To apply you must do the following:

Work with ISO to:

• Recommend an Extension of Stay (EOS), and
• Issue an updated DS-2019

You will then need to timely file the EOS application with USCIS, including all required supporting documentation. And, then request employment authorization with ISO.

Yes, after the new rule is in effect on September 15, 2026, you will need to file a formal extension application (Form I-539) with U.S. Citizenship and Immigration Service (USCIS).  Previously, scholars could extend their program’s end date with the ISO.  The new rule requires a formal government application and approval for the scholar for the J-1 program extension.

After each time you re-enter the United States, you should retrieve your new Form I-94 and carefully verify the “Admit Until” date. Your most recent I-94 can always be accessed on the government’s I-94 website. You should then upload your I-94 to URcompass so that ISO can review it. If the date appears incorrect or does not match your expectations, you should contact ISO for assistance as soon as possible.

Traveling outside the United States while your Extension of Stay application (Form I-539) is pending does not automatically cancel your application. However, you must still respond to any Requests for Evidence (RFEs) from USCIS, even while you are abroad. When you return to the United States, U.S. Customs and Border Protection (CBP) may issue you a new Form I-94. This new admission can affect your pending Extension of Stay application.

If your I-539 is still pending and your current admission period has not yet expired, CBP may admit you for the remaining time on your current Form I-20 or DS-2019. In this situation, your Extension of Stay application is usually not considered abandoned.

However, USCIS may consider your pending Extension of Stay application abandoned if you travel outside the United States and are successfully readmitted with a new Form I-20 or DS-2019. In that case, the new Form I-94 issued when you reenter the United States will determine how long you are allowed to stay.

It is very important that you respond to all Requests for Evidence (RFEs) and attend any biometrics appointments. If USCIS sends an RFE while you are outside the United States, you are still required to respond by the deadline given. Not responding on time can result in your application being denied for abandonment.

To avoid problems, make sure someone you trust is checking your mail and email regularly, so you do not miss any USCIS notices.

Yes. At each time you enter the United States, CBP can issue a new Form I-94 and set a new “Admit Until” date. You do not automatically receive a new 4-year stay with each entry. Instead, the length of your stay depends on the specific admission you are given at the border.

If your Extension of Stay application is still pending, CBP may admit you based on your current program dates or the end date of your current employment authorization, if applicable.

If your Extension of Stay is approved, CBP may admit you up to the new approved end date on your updated documents.

In all cases, your Form I-94 “Admit Until” date is what determines how long you are allowed to remain in the United States.

Only in certain situations. In general, you may move to a higher educational level, such as from a bachelor’s degree to a master’s degree, or from a master’s degree to a doctoral program.

However, starting a second program at the same level or a lower level is generally not permitted under these rules. This may require travel and consultation with ISO.

If you do move to a new program or level, you may need to obtain a new Form I-20, complete a SEVIS transfer if applicable, and file an Extension of Stay with USCIS if you need additional time to remain in the United States.

Graduate students generally may not change majors after beginning a graduate program and may not transfer to another school during the same graduate-level program. In most cases, a change in academic objective or school is not permitted once a graduate program has started. However, moving from a master’s program to a doctoral program may be allowed after the master’s degree has been completed.

Undergraduate students have more flexibility, but there are still restrictions. In general, undergraduate students must complete at least one academic year before changing majors or transferring to another school. They must also maintain valid immigration status and remain in good academic standing in order to make these changes.

If your new academic program goes beyond the end date listed on your Form I-94, you must file Form I-539 to request an Extension of Stay. If you do not obtain approval, you may lose your lawful immigration status.

If the extension request is denied, you will be considered out of status, and your SEVIS record may be terminated.

Students must apply for an extension of stay (EOS) and U.S. Citizenship and Immigration Services must receive their Form I-539 before the student’s authorized period of admission (as indicated by the Admit Until Date) expires. Students may apply for an EOS starting 180 days before their authorized period of admission expires.

Be aware that students who file for an EOS within the 30-day departure period may not begin or continue employment (e.g., on-campus employment, off campus employment, curricular practical training).

Currently, your immigration advisor, in conjunction with your academic department, can

determine if there are justifiable reasons for a program extension (8 CFR 214.2(f)(7)).

These can include medical or academic reasons, or delays in program completion due

to a natural disaster. USCIS may apply stricter standards and use its own discretion

when determining if a program extension is warranted. As it is proposed, the pending rule emphasizes that USCIS should be the governing agency in determining eligibility for a legal status extension, and they can use agency discretion to determine if an extension is warranted.

If USCIS denies your extension after your authorized stay has ended, you are immediately considered out of status, and no additional grace period is provided. You also begin accruing unlawful presence from that point forward. You and any dependents must leave the United States as soon as possible.

Unlawful presence can have serious consequences for future immigration benefits. It may lead to a 3-year bar on reentry if you accrue 180 days or more of unlawful presence, or a 10-year bar if you accrue one year or more.

Yes. If the principal F-1 or J-1 student files Form I-539, dependents must either be included in the same application or file their own separate I-539 applications. Dependents cannot remain in the United States beyond the principal applicant’s authorized stay. If the Extension of Stay is denied, dependents must also leave the United States.

If you file Form I-539 after your authorized stay has already expired, you may be considered out of status and may need to apply for reinstatement. In some cases, your dependents may also need reinstatement.

Filing late can have serious consequences. If you do not take action before your Form I-94 expires, you risk losing your immigration status and facing other immigration consequences for both yourself, and any dependents.

If USCIS receives your I-539 during your grace period, you may generally continue studying. However, you may NOT begin employment or practical training until approval is granted.

Students who timely file an extension of stay (EOS) application before their Admit Until Date (AUD) expires, including before the start of the 30-day departure period, may continue on-campus employment, off-campus employment due to severe economic hardship, and curricular practical training for up to 240 days while the application is pending.

However, students who file an EOS during the 30-day departure period must stop all employment while the EOS is pending and may only resume work if the extension is approved.

Acceptable reasons for an extension of stay may include compelling academic reasons, unexpected research delays, medical conditions, or other serious and unforeseen circumstances. However, academic performance alone is generally not considered a valid reason.

Situations such as being on academic probation, being placed on academic suspension, repeated poor performance, or a pattern of failing classes that leads to multiple requested extensions are typically not accepted as sufficient justification for an extension.

No. Your DSO may recommend an extension and issue an updated Form I-20/DS-2019, but USCIS makes the final decision on your Extension of Stay application. Approval from USCIS is required in order to remain in the United States beyond your original Form I-94 end date.

USCIS may approve your request, deny your request, or request additional steps such as biometrics or an interview. They may also ask you to provide proof of financial support and evidence that you continue to meet eligibility requirements.

Yes. Individuals with an unexpired visa who choose to travel may apply for admission at a U.S. port of entry and, if eligible, receive a new Form I-94 with an updated period of admission based on their current SEVIS record and supporting documentation. Admission is subject to eligibility and admissibility requirements.