DHS Rule on Admission and Extension

• Instead of being admitted for "duration of status" (D/S), individuals applying for admission in or change of status to either F or J status (F-1 students, F-2 dependents, J-1 exchange visitors and J-2 dependents) on and after Sept. 15, 2026 will be admitted for a fixed date, recorded on the F or J nonimmigrant's Form I-94. 
• This Admit Until Date (AUD) will be limited to the program end date noted on the Form I-20 or DS-2019, not to exceed four years, plus a period of 30 days following the program end date.
• The F-1 grace period will be reduced from the current 60 days to 30 days for F students and dependents who enter or re-enter the United States on and after Sept. 15, 2026.

• Individuals who need time beyond their AUD for reasons such as an extension of program, school transfers, moving academic levels, use of post-completion practical training or academic training will require a recommendation from OISS and have to timely file a complete extension of stay (EOS) application with USCIS before their AUD expires, using Form I-539 with fee – currently $470 (paper application) or $420 (online application). It is possible USCIS will collect biometrics as well as request an interview. 
• The final rule also outlines standards for F-1 extension eligibility that includes being able to demonstrate a compelling academic reason, documented illness or medical condition or circumstances beyond their control.

• There are transition provisions for F and J nonimmigrants who were admitted for D/S on their Form I-94 and are inside the United States on Sept. 15, 2026, the final rule effective date. 
• These individuals will not have to immediately apply for a date-certain I-94, but they must still apply for an extension of stay in order to remain in status beyond the program end date on their current Form I-20 or DS-2019 or OPT EAD card, or four years from the final rule effective date, whichever is shorter, and will also be subject to the new academic restrictions in varied ways. 
• F-1 students in this transition group will retain their legacy 60-day grace period even after Sept. 15, 2026, but if they exit and re-enter the United States or apply for an extension of stay on or after the effective date, they will be assigned a 30-day grace period under the new rule. 
• If someone in this transition group exits the United States and re-enters on or after Sept. 15, 2026, CBP will readmit them with a Form I-94 with a date-specific AUD that includes a 30-day grace period.
• There are some other transition provisions relating to employment that are addressed in the Frequently Asked Questions section below.

• Undergraduate students may change their educational objectives (e.g., change majors, etc.) or transfer schools only after their first year of study, unless SEVP approves an exception on a case-by-case basis for "extenuating circumstances."
• Graduate students are not eligible to change their educational objectives (i.e., "majors or educational levels") "at any point during their program of study."
• Graduate students may be eligible to transfer universities during their program of study, but only if SEVP approves an exception on a case-by-case basis for "extenuating circumstances"
• Examples of extenuating circumstances where SEVP may authorize an exception for a transfer may include, but are not limited to:
  • A university closure
  • University's prolonged inability to hold in-person classes due to a natural disaster
  • Other causes

• After completing a program at a particular educational level, F-1 students are barred from pursuing a subsequent program at the same or lower educational level. This limitation on study at the same or lower educational levels applies only to programs that are completed after the effective date.

The implications of the new rule will depend on your individual circumstances, travel plans and future immigration benefits. The following scenarios may help you understand how the transition provisions could apply to you.

If you are already in the United States before Sept. 15, 2026, and remain in the U.S.

If you are in F-1 or J-1 status and in the United States before Sept. 15, 2026, you have been admitted into D/S (Duration of Status) AND you are maintaining your status, you can keep this status until the end of your current program OR the maximum of four years from the effective date of the rule (Sept. 15, 2030), whichever comes first, plus a 60-day grace period for F-1s or a 30-day grace period for J-1s, as long as you continue to maintain your status and you remain in the United States.

If you plan to apply for OPT or STEM OPT

Students who are admitted under D/S before Sept. 15, 2026, remain in the U.S., maintain their F-1 status, and apply for OPT or STEM OPT during the transition period may benefit from special provisions under the rule.

Based on our current understanding, students applying for:

• Post-completion OPT, or
• STEM-OPT extension

by March 18, 2027, will not be required to file a separate extension of stay (EOS) application (Form I-539).

Instead, they will need to file only the standard employment authorization application (Form I-765), which is initiated through OISS. For this reason, students graduating in Fall 2026, Winter 2027 or Spring 2027 who anticipate applying for post-completion OPT, are recommended to enter the U.S. before Sept. 15, 2026 and remain inside the United States through the filing of their OPT or STEM OPT application. Doing so could help avoid additional filing fees and possible administrative delays associated with an extension of stay application. Please see the OISS website for your post-completion OPT timeline.

If you leave the United States after Sept. 15, 2026

Students who entered the United States under the D/S framework before Sept. 15, 2026, but at any time after that depart and re-enter the United States, will be admitted under the new rule with a fixed period of stay not to exceed four years, even if their I-20 or DS-2019 has a longer period.

Students applying for post-completion OPT after such travel or after March 18, 2027 will be required to file with USCIS both:

• Form I-765 (Employment Authorization Application), and
• Form I-539 (Extension of Stay Application)

If you first enter the United States on or after Sept. 15, 2026

F-1 students and J-1 exchange visitors who are admitted to the United States on or after Sept. 15, 2026 will be admitted under the new fixed-period admission framework, not to exceed four years, and all provisions of the new regulation will apply immediately.

If you are admitted with a date-specific I-94 and remain in the United States beyond the expiration date without taking appropriate action, you may begin to accrue unlawful presence. Having unlawful presence in the United States can lead to a three-year bar from entering the United States if you have accrued more than 180 days but less than one year of unlawful presence during a single stay; or a 10-year bar from entering the U.S. if you have accrued one year or more of unlawful presence during a single stay. (For all provisions, please see the USCIS website.)

F-2 and J-2 dependents are also subject to the new fixed-period admission requirements. Dependents admitted to the United States or changing to F-2 or J-2 status on or after Sept. 15, 2026 will generally receive a date-specific Form I-94 rather than admission for Duration of Status (D/S).

A dependent’s authorized period of admission cannot exceed the authorized period of admission of the principal F-1 student or J-1 exchange visitor. If a dependent needs to remain in the United States beyond the Admit Until Date (AUD) on their Form I-94, they will generally need to timely file Form I-539 (Application to Extend/Change Nonimmigrant Status) with USCIS before that date expires.

Additional guidance regarding J-2 employment authorization will be provided as it becomes available.