New Rule on Duration of Status (D/S)

The rule goes into effect on September 15, 2026. Until the effective date, all current practices remain the same.

The new rule impacts all F-1 and J-1 students.

Please continue to watch for emails from ISSS and check this FAQ

• We will continue to update this FAQ as we learn more.
• Watch for changes to our website and the ISSS Portal. We will need to make several changes to our website, requests, and advising practices based upon the new rule.
• As always, you are welcome to come to Express Advising if you have a case-specific question or concern you think is urgent

The new rule includes information on how to transition current F-1/J-1 students who are already admitted to the U.S. prior to the rule going into effect on September 15, 2026

General Transition Rules:

• You will be converted to a fixed Admit Until Date (AUD).
  • Current F-1 Students: Your AUD will be your I-20 program end date (not to exceed 4 years) plus a 60-day grace period.
  • Current J-1 Students: Your AUD will be your DS-2019 program end date (not to exceed 4 years) plus a 30-day grace period.
  • OPT/STEM Extension Students: Your AUD will be your EAD card end date plus a 60-day grace period.
• You are still bound by the time limits on stay AND the restrictions on changing programs.
• Special EOS exception for students applying for OPT/STEM: If you are eligible and apply for OPT/STEM Extension on or before March 18, 2027, you will not be required to file for an Extension of Status (EOS) through USCIS.
• Travel Warning: If you travel outside of the U.S. and reenter on or after September 15, 2026, these transitional rules will no longer apply . You will be admitted based on the new rule and receive a fixed AUD on your I-94.

Nothing in the new rule seems to indicate that the length of the visa stamp in your passport will change as a result of this new rule.

Fixed admission means that you are admitted to the U.S. for a fixed period of time.

• Most nonimmigrants are admitted to the U.S. in this way.
• After September 15, 2026, all F-1 and J-1 students admitted to the U.S. will know what that period of time is because they will have a specific Admit Until Date (AUD) listed on their I-94.
• This date is determined by CBP and should be:
  • the I-20/DS-2019 end date + 30 days
  • Four years from the date of admission + 30 days (if your I-20/DS-2019 end date is more than four years in the future) 
    • For example, if a student's I-20 is 5 years long, when they first enter the U.S. to begin their program, their AUD will be 4 years from their date of entry + 30 days.
  • the passport expiration date (if the passport will expire before the above options)

Yes, if you enter the U.S. on or after September 15, 2026

No, if you have already been admitted to the U.S. prior to September 15, 2026.

F-1/J-1 students already in the U.S. on September 15, 2026, who have an I-94 that has an AUD of "D/S" will not receive an updated I-94

• Even though your actual I-94 document says "D/S", you are still bound by the new rule, including the time limits on stay AND the restrictions on changing programs.
• Since your I-94 will not be updated, you need to calculate your AUD based on your I-20/DS-2019 end date on the day the rule goes into effect.
  • For F-1s, your I-20 end date on the day the rule goes into effect + 60 days will become your AUD.
  • For F-1s on OPT/STEM, your EAD card end date + 60 days will become your AUD.
  • For J-1s, your DS-2019 end date on the day the rule goes into effect + 30 days will become your AUD.
  • If you have more than 4 years remaining in your program on the day the rule goes into effect, your AUD will become:
    • F-1 = November 14, 2030
    • J-1 = October 15, 2030
• If you travel and reenter the U.S. on or after September 15, 2026, your AUD will be listed on your I-94.

These dates are related but not the same.

• Your I-20/DS-2019 program end date reflects your expected academic program completion date.
• Your AUD is how long you have been legally authorized to stay in the U.S.
  • For example, a student with a 5-year I-20 will still only be admitted for 4 years + 30 days.
  • A student with a 2-year I-20 will be admitted for 2 years + 30 days.
• If you stay beyond your AUD without taking action to extend your stay or change to another status, you will begin to accrue unlawful presence.
  • Unlawful presence can lead to consequences such as being ineligible for future nonimmigrant visas, admission to the U.S., or other benefits such as adjustment to Permanent Residency.

If you travel and reenter the U.S. on or after September 15, 2026, you will receive an I-94 with a date-specific AUD.

If you were already in the U.S. prior to September 15, 2026, you will no longer benefit from any of the transitional rules.

• Current Students:
  • Your AUD will be your I-20/DS-2019 end date + 30 days.
  • If you have more than four years remaining on your I-20/DS-2019, your AUD will be 4 years from your date of entry + 30 days.
  • If your passport expires before the above options, your AUD may be your passport expiration date.
• OPT/STEM Students:
  • Your AUD will be your EAD card end date + 30 days.
  • If your OPT/STEM application is currently pending with USCIS when you reenter, your AUD will be the DSO recommended OPT/STEM end date (on page 2 of your I-20) + 30 days.
  • If your passport expires before the above options, your AUD may be your passport expiration date.

F-1 and J-1 students are still required to extend their I-20/DS-2019 documents before the program end date if more time is needed to complete their program.

• Your DSO/ARO can extend your I-20/DS-2019 if you meet the eligibility requirements.

Under the new rule, you are also required to extend your AUD by requesting an Extension of Stay (EOS) before your AUD expires.

• You must apply to USCIS, and they will extend your AUD if they deem you have met the eligibility requirements.
• This is similar to how students apply for OPT by first getting an updated I-20 showing the DSO has recommended them for OPT, and then they submit that I-20 as part of their OPT application to USCIS, who ultimately adjudicates the application and issues the EAD card.
• ISSS will recommend you for an extension by issuing you an extended I-20/DS-2019. You will then use that I-20 as one of the documents you submit as part of your EOS application to USCIS.

There are several reasons an F-1/J-1 student might need to file an EOS.

• You need more time to complete your program beyond your I-20/DS-2019 end date and AUD
• You had a program longer than 4 years and your AUD is expiring
• You are applying for OPT
  • Students who are not benefiting from the transition rules will concurrently file their I-765 (for OPT) along with their I-539 (for EOS).
• You are applying for STEM Extension
  • Students who are not benefiting from the transition rules will concurrently file their I-765 (for STEM) along with their I-539 (for EOS).
• You have started a new program at a higher level
• You have transferred to another school

To be eligible for an EOS, F-1 students must meet the following requirements:

• Continually maintained status
• Currently pursuing a full course of study
• Never engaged in any unauthorized employment
• Have one of the following
  • Existing I-20 that has a future end date (this would be for students who had an I-20/DS-2019 that was longer than 4 years to begin with) OR
  • One of the following permissible reasons you need more time:
    • Compelling academic reason
    • Documented illness
    • Circumstances beyond your control (e.g. natural disaster, national health crisis)
  • You must also timely file your EOS before your AUD.

F-1 students must include the following documents in their EOS:

• Completed Form I-539
• Updated I-20
• Evidence of sufficient funds
• I-539 application fee
• Biometrics may be required
• Additional documentation (such as proof substantiating the permissible reason for needing more time) may be required or recommended, but USCIS has not yet provided this information.

If your EOS was timely filed, you are considered to be in a period of authorized stay while your application is pending.

• You are authorized to continue a full course of study.
• If the EOS is filed prior to your grace period:
  • You may continue current on-campus employment or authorized CPT for up to 240 days from your previous AUD.
• If the EOS is filed during your grace period
  You may NOT continue on-campus employment or authorized CPT until USCIS approves the EOS.

F-1/J-1 students can travel and reenter to receive a new AUD instead of filing an EOS.

• You should carry all of the documentation needed for the EOS while traveling.
• The CBP officer will determine whether you are admissible.

Your grace period is tied to your I-20/DS-2019 end date.

• Transitioned F-1 students: Your grace period will be 60 days after your I-20 end date.
• J-1 students: Your grace period will be 30 days after your DS-2019 end date.
• Students who enter or reenter the U.S. after September 15, 2026: Your grace period will be 30 days after your I-20/DS-2019 end date.

You must notify ISSS if you will finish your program early. We will shorten your I-20/DS-2019 end date to reflect your early completion.

• Your grace period will then be based on your new I-20/DS-2019 end date.

The options during your grace period have not been changed by this new rule. The options include:

• Filing for OPT
• Requesting a SEVIS Transfer
• Requesting a Change of Level
• Departing the U.S.
• Applying for a change of status (if eligible).

Under the new rule, undergraduate students:

• Cannot change majors or levels during their first academic year
• Cannot transfer out during their first academic year
• If transferring out in the middle of their program (without completing the degree), they can begin another program at the same level of study.
• If the student completes their program, then a Change of Level is only permitted if the student is going to a higher level (e.g. bachelor’s to master's).

Under the new rule, graduate students:

• Cannot change majors or levels during their program.
  • A Change of Level is only permitted after program completion and only if the student is going to a higher level (e.g. master’s to PhD).
• Cannot transfer out during their program.
  • A Transfer Out is only permitted after program completion and only if the student is going to a higher level (e.g. master’s to PhD).

Students are eligible to transfer their SEVIS record if they meet the following criteria:

• Currently maintaining status
• Completed first academic year of study at the school that initially issued their I-20
• Has not been placed on academic probation or suspension
• Does not have a pattern of behavior showing an inability or unwillingness to complete their course of study
• Must have:
  • Been pursuing a full course of study or
  • Completed a degree program or
  • Currently completing or have completed OPT/STEM
• Not currently in a graduate level program of study (graduate students must have completed their program)
• Will begin classes at the new school within 5 months of their I-20 end date or the date of the transfer (whichever is earlier)
• If authorized for OPT/STEM, will begin classes within 5 months of the EAD card end date or the date of the transfer (whichever is earlier)

That depends.

• Undergraduates who transfer out after their first academic year to continue their bachelor’s program at another university may not need to file for an EOS if they can finish their degree by their AUD.
• Graduate students can only transfer after completing their program, so it is likely they will need to file an EOS.
• Students transferring out while on OPT/STEM will likely need to file an EOS in order to complete their new program of study, but the timing may vary depending on when the transfer occurs.

The above FAQ is for information purposes only. It does not constitute and should not be construed as legal advice. Please seek the advice of an experienced immigration attorney if you need help making decisions or developing an immigration strategy.