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Visa and Immigration Services

DHS Final Rule Information & FAQs

July 22, 2026

On July 17, 2026, the U.S. Department of Homeland Security (DHS) published a final rule that changes how F-1 students and J-1 exchange visitors are admitted to and maintain their status in the United States. The rule takes effect on September 15, 2026.


What Is Changing?

Duration of Status (D/S) Is Being Replaced by an Admit Until Date (AUD)

Previously, F-1 and J-1 students and scholars were generally admitted to the United States for Duration of Status (D/S), allowing them to remain in the U.S. as long as they maintained their immigration status. Under the new rule, individuals will instead receive a fixed Admit Until Date (AUD) on their Form I-94. To remain in the United States beyond that date, they may need to apply to USCIS for an Extension of Stay or depart and reenter the country, if eligible.

  • Those entering the U.S. on or after September 15, 2026 will receive an AUD matching their I-20 or DS-2019 end date (plus a grace period), or four years from entry - whichever is sooner.
  • Those already in the U.S. on September 15, 2026 may continue to see D/S on their Form I-94, but their AUD the earlier of:
    • their I-20 or DS-2019 program end date (plus the applicable grace period), or
    • four years from September 15, 2026.

Reduction of Grace Period After Program Completion

  • The grace period for F-1 students will be reduced from 60 days to 30 days.
  • The grace period for J-1 students and scholars remains 30 days (no change).

New 'Extension of Stay' (EOS) Requirement

Students and scholars who need additional time beyond their AUD will generally need to:

  • File an Extension of Stay (EOS) application with USCIS before their AUD expires, or
  • Travel outside the United States and re-enter to receive a new AUD.

Please note

  • This is in addition to, not instead of, extending your Form I-20 or DS-2019.
  • If your Extension of Stay (EOS) application is filed before your AUD expires, you may continue your studies or research while it is pending.
  • Employment may continue for up to 240 days, provided the EOS application was filed before the expiration of your fixed admission period and before entering the 30-day grace period.

New Restrictions on Changing Educational Objectives

The final rule also places new limitations on changes to a student's educational objective.

  • Undergraduate students may not change their degree level, major, or school during their first academic year.
  • Graduate students will be prohibited from changing their educational objective at any point during their program.
  • Students may only pursue a subsequent degree at a higher educational level than one previously earned.

Who Is Affected?

This rule affects all new and continuing:

  • F-1 Students and their F-2 dependents
  • J-1 Exchange Visitors (including Students, Professors, and Research Scholars) and their J-2 dependents

This rule applies not only to new students and scholars entering the U.S. after September 15, 2026, but also to current F-1 students and J-1 exchange visitors already in the United States. However, the impact of the rule may vary depending on your individual situation.

What You Should Do Now

It is important to understand that this rule is comprehensive and changes many long-standing policies, so please follow the information below:

1. Understand of How This Rule Affects You

Below is a detailed breakdown of the rule, and how it affects you based on your visa type. Review the information thoroughly and carefully. As more information becomes available from the Department of Homeland Security, we will update the information on this webpage accordingly.

2. Attend Our Webinar!

Understanding the New F-1 & J-1 Rules: What Students & Scholars Need to Know

VIS will host a webinar explaining the final rule and how it may affect F-1 students, J-1 students, and J-1 scholars.

Date: Monday, August 3, 2026

Time: 9:30 a.m.

Registration: Register for the Webinar

3. Plan Ahead & Speak to VIS
  • Review the program end date on  your current I-20 or DS-2019.
    • Contact VIS immediately if you think you will need more time to complete your degree.
  • Review your Form I-94 after each entry to the United States.
    • You can access your I-94 through CBP Website by selecting 'Get Most Recent I-94'. 
  • If you were planning on doing any of the following in the near future, before you do, speak to VIS to understand how the new rule will affect you:
      • travel internationally,
      • extend your academic program,
      • apply for OPT or STEM OPT,
      • apply for Academic Training,
      • transfer schools,
      • begin another degree
  • Think about your timeline. The key question is 'What immigration steps will I need six months from now?'
    • Many immigration benefits already require planning. Under the new rule, planning becomes even more important.

DHS Final Rule Explained

Under the new DHS Final Rule, F-1 students and J-1 exchange visitors will no longer be admitted to the United States for Duration of Status (D/S).

Instead, when you enter the United States, you will receive a Form I-94 with a specific Admit Until Date (AUD). In most cases, your AUD will match the program end date on your Form I-20 or DS-2019, but it cannot be more than four years from the date you are admitted.

If you need more time to complete your academic program than your Form I-94 allows, you must apply to extend your authorized stay before your current I-94 expires.

What this means: Your Form I-94 expiration date becomes one of the most important dates you must monitor while studying in the United States.

Examples of the New Four-Year Admission Period

Scenario: You begin a Bachelor's degree program on September 1, 2027. Your Form I-20/DS-2019 end date is August 31, 2031.

Result: CBP would generally admit you until September 30, 2031 (your program end date plus the 30-day grace period).

Scenario: You begin a Master's degree program on September 1, 2027. Your Form I-20/DS-2019 end date is August 31, 2029.

Result: CBP would generally admit you until September 30, 2029 (your program end date plus the 30-day grace period). Your admission period would be based on your program end date, not the full four-year limit.

Scenario: You are already studying in the United States on September 15, 2026, when the new rule takes effect. Your current Form I-20 end date is May 20, 2028.

Result: Your F-1 status will expire on July 19, 2028 (your program end date plus the 60-day grace period) if you remain in the U.S. throughout that time. You are not issued a new Form I-94. If you depart the U.S. before May 20, 2028, you will be issued a new I-94 upon admission with a shorter grace period (Admit Until Date: June 19, 2028).

Scenario: Your Form I-20 or DS-2019 shows a program end date more than four years after your admission to the United States.

Result: Your Form I-94 would expire before your Form I-20/DS-2019 end date. You would need to request an extension of your stay through USCIS before your Form I-94 expires.

Scenario: Your DS-2019 reflects a five-year research appointment beginning September 1, 2027.

Result: Your Form I-94 would generally expire four years after admission, before your DS-2019 end date. To remain in the United States and continue working for the fifth year, you must obtain additional authorization before your I-94 expires.

Remember: Your Form I-20/DS-2019 end date and your Form I-94 expiration date may be different under the new rule. Always check your Form I-94 expiration date and take action before it expires.

Frequently Asked Questions

The Admit Until Date (AUD) is the maximum period of admission to the United States for F or J students or scholars and is the last day they are authorized to stay in the United States.

Yes, the Admit Until Date (AUD) is different from the Program End Date on your I-20 or DS-2019. The Program End Date reflects the expected completion of your academic or exchange program, while the AUD reflects the last date you are authorized to remain in the United States.

F and J students and scholars entering the United States on or after September 15, 2026, will receive an AUD on their I-94 matching their I-20 or DS-2019 end date (plus a grace period) OR a date four years from entry, whichever is sooner.

Your AUD will be the end of your Employment Authorization Document (EAD) plus your original 60-day grace period.

Yes, the AUD includes a 30-day grace period for both F and J students and scholars following the completion of their program. Only F-1 students in the U.S. before September 15, 2026, and remain in the U.S., will retain their 60-day grace period.

F and J students and scholars already present in the United States on September 15, 2026, may still see D/S listed on their I-94. However, their AUD will be considered the end date on their I-20 or DS-2019 (plus a grace period) OR a date four years from September 15, 2026, whichever is sooner.

Yes. Anyone making an entry in F or J status on or after September 15, 2026, will receive an AUD on their I-94 matching their I-20, DS-2019 or OPT/STEM OPT EAD end date (plus a grace period) OR a date four years from entry, whichever is sooner.

If your Form I-94 will expire before you will complete your degree program or exchange visitor program, you must extend your authorized stay. There are generally two ways to do this.

Option 1: Apply for an Extension of Stay with USCIS

You may apply to extend your stay by filing Form I-539 with U.S. Citizenship and Immigration Services (USCIS).

Before applying, you must have an updated Form I-20 or DS-2019 showing your new program end date (if your program has been extended). USCIS currently charges a filing fee of $420 for online applications or $470 for paper applications.

If your application is approved, USCIS will issue an approval notice with a new Admit Until Date (AUD).

Important: USCIS will only approve the amount of additional time needed to complete your program (the end date listed on your I-20/DS-2019). You will not automatically receive another four years. Approval is discretionary and is not automatic.

Option 2: Travel and Re-Enter the United States

Instead of filing Form I-539, you may choose to leave the United States and return using your updated Form I-20/DS-2019. If admitted by U.S. Customs and Border Protection (CBP), you will receive a new Form I-94 with a new Admit Until Date.

To use this option, you generally must:

  • Have a valid I-20/DS-2019
  • Have a valid F-1 or J-1 visa (unless exempt)
  • Be admissible to the United States
  • Not be affected by any travel restrictions or entry bans in effect at the time of re-entry

Important: Admission is always at the discretion of CBP.

How USCIS Decides Extension Requests

Under the current regulations, Visa and Immigration Services (VIS), together your academic or sponsoring department, determines whether your academic or exchange visitor program may be extended by issuing an updated I-20/DS-2019.

Under the DHS Final Rule, USCIS, not VIS, will make the final decision on whether to approve an Extension of Stay application filed through Form I-539.

An updated I-20/DS-2019 supports your application but does not guarantee approval.

USCIS Considerations When Filing Extension of Stay

Reasons USCIS May Approve an Extension
USCIS may approve an extension if you need additional time to complete your degree because of circumstances beyond your control, such as:

  • Your degree program normally takes more than 4 years to complete (your original Form I-20/DS-2019 was issued for a program longer than 4 years)
  • A documented medical or mental health condition
  • Isolated or temporary academic difficulties while making normal academic progress
  • A natural disaster or other circumstance beyond your control

Each application is reviewed individually, and approval is not guaranteed.

Reasons USCIS May Deny an Extension

USCIS may deny an extension if it determines that:

  • You have not been making normal academic progress.
  • Your program was delayed because of poor academic performance or failing courses.
  • You have exceeded the normal time needed to complete your degree.
  • You cannot show sufficient financial support for the additional period of study.
  • There are concerns about fraud or that you no longer meet the requirements for F-1/J-1 status.
  • USCIS believes you do not meet the requirements for F-1/J-1 nonimmigrant status, including maintaining nonimmigrant intent (the intention of returning to your home country).

USCIS will review each request individually and may consider factors such as:

  • Whether you continue to meet the requirements of J-1 status
  • Whether your extension request is supported by your exchange visitor program sponsor
  • Whether you have maintained your immigration status
  • Whether you have sufficient financial support for the requested extension
  • Any concerns regarding fraud, misrepresentation, or admissibility

If you choose to extend your stay through international travel instead of filing Form I-539, you should also be prepared to present documentation supporting your continued eligibility for F-1/J-1 status when seeking admission.

Frequently Asked Questions

  • Prior to the September 15 effective date, a program extension was the process by which F and J students and scholars extended their ability to remain in the United States.
  • Following the September 15 effective date, a program extension changes the I-20 or DS-2019 end date but does not extend the AUD.

F and J students and scholars who need to extend their AUD will be required to file an Extension of Stay (EOS) application with USCIS prior to their AUD’s expiration (but not more than 180 days before) OR travel internationally and re-enter the United States to receive a new AUD.

  • USCIS has not yet provided the full list of documents required. At minimum, you will require an updated I-20 or DS-2019, proof of funding for one calendar year, and a completed I-539.
  • Biometrics, provided in person at a USCIS Application Support Center, may be required as part of the EOS application.

EOS requests must list a compelling academic reason, documented illness/medical conditions, or circumstances beyond the applicant’s control. Delays due to academic probation or suspension are not a compelling academic reason. 

Yes. Students and scholars will be allowed to continue their studies or research in the United States while they have an EOS application pending.

If USCIS receives your Form I-539 before authorized period of admission (as indicated by the Admit Until Date on your I-94) expires (not including your grace period) you may continue working or remain eligible for certain employment authorizations for up to 240 days while your application is pending.

This applies to:

  • On-campus employment
  • Curricular Practical Training (CPT) – You must still meet all CPT eligibility requirements and receive CPT authorization through accessVIS before you begin working. Filing Form I-539 does not automatically authorize CPT.
  • Off-campus employment based on severe economic hardship – You must continue to meet all eligibility requirements and receive USCIS approval before beginning employment.

If you file an Extension of Stay within your 30-day grace period, you may not begin or continue employment (e.g., on-campus employment, off campus employment, CPT).

For J-2 dependents, work authorization will not automatically be extended, regardless of when the EOS is filed.

Submission of an EOS application will be required as part of any optional practical training (OPT) applications filed:

  • For all students who file on or after March 19, 2027.
  • For students who travel and re-enter the United States after September 15, 2026.

The term 'educational objective' refers to a student’s educational level (bachelor’s, master’s, doctoral, etc.), major, field of study/research, or enrolled/host university.

Restrictions on Transfers and Educational Objectives

  • Undergraduate students (and lower level) cannot transfer to another school or change your major during your first academic year of your program (Fall/Spring or Spring/Fall semesters), unless SEVP provides an exception (i.e. school closure, natural disaster, etc.).
  • Graduate students cannot to change your educational objective/program at any point during your program of study.
  • Graduate students cannot transfer to another U.S. school while completing your graduate program, unless SEVP provides an exception (i.e. school closure, natural disaster, etc.).

Moving to the Same or Lower Degree Level

  • All F-1 students will not be allowed to begin another program at the same or a lower degree level after completing a program at a particular level.

Frequently Asked Questions

  • Undergraduate students will be prohibited from changing their major (or adding a major) within their first year.
  • Graduate students will be prohibited from changing their academic program at any point during their program.

A change of degree level will only be possible upon completion of the current degree program. Students may only pursue another degree at a higher level than the degree they previously obtained.

If you want to begin a higher degree program (for example, a Bachelor's to a Master's degree or a Master's to a Ph.D.), you can no longer simply receive a new Form I-20/DS-2019.

Before starting the new program, you must either:

  • Apply for an extension of stay by filing Form I-539 with USCIS, or
  • Leave the United States and re-enter using your new Form I-20.

  • Undergraduate students will be prohibited from transferring within their first year.
  • Graduate students will be prohibited from transferring prior to graduation from their degree program.

Yes, provided that both majors are completed simultaneously.

According to the new regulations, doctoral students may be awarded a master’s degree provided they maintain continuous progress towards their doctorate degree.

Although you may be awarded a master’s degree by the university, your I-20 or DS-2019 cannot be updated to reflect this. You would be considered to have ended your current educational objective of a doctorate without completing it and therefore would be ineligible for OPT, AT, or other benefits.

If you are already in the United States when the rule takes effect on September 15, 2026, special transition provisions apply.

 

If you remain in the United States continuously

You generally do not need to apply immediately for a new Form I-94.

You may continue under the current rules until the earlier of:

  • the program end date on your current Form I-20/DS-2019 or
  • September 14, 2030

If you need to remain in the U.S. under F-1/J-1 status after your current I-20/DS-2019 end date or September 14, 2030 (whichever is earlier), you will need to apply for an extension of stay with USCIS and meet their eligibility requirements.

F-1 60-Day Grace Period

If you remain continuously in the United States and do not depart before completing your academic program or authorized employment, you will also keep the current 60-day grace period.

OPT Exception

Students applying for Post-Completion OPT or STEM OPT during the first six months after September 15, 2026, will not be required to file a separate Extension of Stay application with USCIS.

To qualify, you must file your Form I-765 within six months of the rule's effective date (no later than March 18, 2027) and remain in the United States after September 15, 2026, until USCIS approves your work authorization application.

The new rule does not change the eligibility requirements for Post-Completion OPT, the 24-month STEM OPT Extension, or Academic Training (AT). However, it will likely change how you apply.

Under the new rule, your Admit Until Date will usually expire when you complete your degree. If you plan to apply for OPT, STEM OPT, or AT, you will also likely need to file Form I-539, Application to Extend Stay, to extend your authorized period of stay. This means that most students applying for Post-Completion OPT or STEM OPT will likely need to file both Form I-765 and Form I-539 with USCIS at the same time.

A filing of an I-765 application, obtaining an Employment Authorization Document (EAD) or obtaining a DS-2019 with approved Post-Completion AT does not, by itself, extend your authorized period of stay.

OPT Exception: Students applying for Post-Completion OPT or STEM OPT during the first six months after September 15, 2026, will not be required to file a separate Extension of Stay application with USCIS.

To qualify, you must file your Form I-765 within six months of the rule's effective date (no later than March 18, 2027) and remain in the United States after September 15, 2026, until USCIS approves your work authorization application.

If you are studying in an English language training (ESL) program, you may remain in F-1 status for a maximum of 24 months in English language training.

The 24-month limit is a lifetime maximum and includes all time you spend in F-1 English language training programs, including scheduled school breaks and vacations. It does not include the 30-day grace period after you complete your program.

After you complete your English language training, you must either:

  • Begin a new higher degree program if you are eligible to continue your studies (which requires a I-539 application to USCIS), or
  • Leave the United States before your grace period ends.

Example: If you spend 18 months in one F-1 English language training program and later enroll in another F-1 English language training program, you would generally have only 6 months of remaining eligibility, for a total lifetime limit of 24 months.

 

Our Commitment to Supporting You

Visa and Immigration Services (VIS) is committed to helping you understand and navigate the changes under this new rule. We will continue to provide clear guidance, resources, and advising to help you maintain your immigration status. While we are here to support you, it is your responsibility to understand and follow the F-1 or J-1 immigration requirements that apply to you.