The rule, entitled “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” was published in the Federal Register on July 17, 2026, with an effective date of September 15, 2026. 

The new rule eliminates admission for F-1 students, J-1 exchange visitors, and their F-2 and J-2 dependents for duration of status (D/S) and replaces it with admission for a fixed period that aligns with the program end date on the Form I-20 or DS-2019, plus the applicable grace period. The period of admission will be entered as the “Admit until date”, or “AUD”, and will reflect the Form I-20 or DS-2019 program end date plus a 30-day grace period.

The period of admission cannot exceed four years. Students and exchange visitors who need to extend their stay in the U.S. beyond the program end date to complete their program or engage in post-completion Optional Practical Training (OPT), will need to obtain a recommendation from OVIS and then timely file a formal application with USCIS to request the program extension. 

The rule reduces the 60-day grace period for F-1 students from 60 days to 30 days. J-1 exchange visitors will continue to have a 30-day grace period. 

The rule also places restrictions on the ability to transfer schools, change educational objectives, and enroll in a degree program at the same or a lower degree level. Undergraduates are prohibited from transferring schools or changing educational objectives during the first year of their degree program. Graduate students are prohibited from transferring to another school during their degree program unless an exception is granted by USCIS for “extenuating circumstances”. Graduate students are also prohibited from changing educational objectives (degree level and major) during their degree program. 

The rule prohibits lateral or reverse matriculation. This means that F-1 students cannot complete a degree program and then enroll in a new degree program at the same or a lower degree level. 

The rule does not change the eligibility requirements for F-1 and J-1 status. The rule does not restrict the duration of academic degree programs or research appointments. It limits the period of admission, requiring students and exchange visitors to file an extension of status in order to complete their program. 

Under the current framework, F and J nonimmigrants are admitted for “duration of status” (D/S), which allows them to remain in the U.S. as long as they continue to maintain valid status as reflected on their Form I-20 or Form DS-2019. 

Beginning on the September 15, 2026, effective date of the rule, F and J nonimmigrants will be admitted for a fixed period of admission, and the AUD on the I-94 record of arrival will reflect the program end date on the Form I-20 or DS-2019 plus a grace period of 30 days, not to exceed a period of four years. 

So, beginning September 15, 2026, F and J nonimmigrants who enter the U.S. will:

• Be issued an I-94 record of arrival with a specific expiration date instead of D/S;
• Be issued an Admit Until Date (AUD) that reflects the program end date on the Form I-20 or Form DS-2019, or four years, whichever is shorter, plus a grace period of 30 days;
• Check their I-94 record after each admission to the U.S. and report it to OVIS via iDartmouth using the I-94 Upload e-form in iDartmouth;
• Monitor the period of authorized stay and prepare to file an application for extension of status well in advance of the program end date, or expiration of OPT or STEM OPT, if additional time is needed; and,
• File the application for extension of status with USCIS so that it is received before the program end date, OPT end date, or STEM OPT end date

Under the new rule, F-1 students and J-1 exchange visitors who need additional time to complete their program in the U.S. must file an application for extension of stay with U.S. Citizenship and Immigration Services (USCIS) and the application must be received before their program end date on the Form I-20 or Form DS-2019. 

The F-1 student or J-1 exchange visitor will first need to obtain a recommendation for their program extension from OVIS by submitting the request via iDartmouth, a process similar to the current program extension process, and then include the Form I-20 or Form DS-2019 with extension recommendation as part of the application for extension, along with the required filing fees and other supporting evidence. 

While it may be possible to file the extension during the grace period, filing after the program end date will eliminate eligibility for continued on-campus employment in situations where a student is seeking to extend their program to complete the degree.

The grace period will be 30 days for both F-1 students and J-1 exchange visitors. This is a change from the 60-day grace period for F-1 students. The 30-day grace period for J-1 exchange visitors remains the same.

The transition provisions of the rule say that if a student is in the U.S. on the September 15 effective date, the student can maintain the 60-day grace period following their program end date. 

If a student travels and reenters after the September 15 effective date, the student will no longer fall under the transition provision and will be admitted to the U.S. under the AUD (admit until date) system. The I-94 record of arrival will be issued to the Form I-20 program end date plus 30 days. 

Yes, the rule applies to all F-1 students and J-1 exchange visitors and their F-2 and J-2 dependents.  The rule does contain transition provisions that apply to F-1 students and J-1 exchange visitors who:

1. Are in the U.S. on the September 15, 2026 effective date;
2. Were admitted to the U.S. for D/S on the I-94 record of arrival; and,
3. Are maintaining valid F-1 or J-1 status

Students and exchange visitors who meet these requirements will not automatically receive an I-94 with a specific date of expiration, and F-1 students can retain the 60-day grace period. 

Students and exchange visitors who meet the transition provision requirements are able to remain in the U.S. up to:

• the program end date on the current Form I-20 or Form DS-2019, plus a 60-day grace period; or,
•  the expiration date of the OPT or STEM OPT Employment Authorization Document (EAD), plus a 60-day grace period

One important limit on the transition provision is that a period of authorized stay cannot exceed four years from the September 15, 2026, effective date. This means that an F-1 student or J-1 exchange visitor who has a program end date that is more than 4 years from the effective date, and who never leaves the U.S., must file an extension of status if they need to remain in the U.S. beyond that four year period. 

• For F-1 students, November 14, 2030 is four years plus 60 days from the September 15, 2026 effective date. 
• For J-1 exchange visitors, October 15, 2030 is four years plus 30 days from the September 15, 2026 effective date.

Students and exchange visitors who depart the U.S. and reenter on or after September 15, 2026 will be admitted under the new rule and will be issued a Form I-94 record of arrival with a date-specific AUD that reflects the Form I-20 or DS-2019 program end date, plus the 30-day grace period. Even if they were previously eligible for the transition provisions, they will no longer be able to benefit from those provisions. 

If you will need more time than the program end date on your Form I-20 or Form DS-2019, you will need to prepare and file a request for extension of status with USCIS using Form I-539.  This is a two-step process:

1. First, obtain approval from your host department or school and request the extension recommendation from OVIS.  You will need the recommendation Form I-20 for Form DS-2019 from OVIS in order to file the extension application

2. Timely file your Form I-539 application with USCIS and include the recommendation Form I-20 or DS-2019 with supporting evidence

YOU MUST FILE THE EXTENSION APPLICATION SO THAT IT IS RECEIVED BY USCIS NO LATER THAN THE PROGRAM END DATE ON THE FORM I-20 OR FORM DS-2019.

Information for how to file an application for extension of status can be found on the OVIS website.

Yes, your program can be longer than four years.  The 4-year limit is a limit on the period of admission, not the academic program.  The maximum period of admission under the new rule is four years, but if you need additional time to complete your degree requirements then you can apply for an extension of status with USCIS.

An example:

1. A PhD student who is issued a Form I-20 for a 5-year program duration.  Student will be admitted for a maximum period of 4 years on Form I-94.  Prior to the I-94 expiration date, student will apply for an extension of status with USCIS for the additional year of the program based on their Form I-20 and evidence of the duration of academic program.

F-1 students and J-1 exchange visitors who need additional time beyond their period of authorized stay, including:

• Students who need additional time to complete their degree beyond the Form I-20 program end date
• Students who apply for post-completion OPT or a STEM OPT extension
• Students who want to begin a new degree program at a higher degree level after completing their degree
• Exchange visitors who need additional time to complete a J-1 program
• Exchange visitors whose appointments are extended to complete research, teaching or other objectives of the J-1 program
• Exchange visitors who want to transfer to a new J-1 program

You must have a compelling academic or medical reason for requesting an extension and provide strong supporting documentation evidencing the reason(s). USCIS will apply scrutiny and agency discretion in adjudicating requests to determine if an extension is warranted. 

J-1 exchange visitors with academic or other appointments/employment at Dartmouth will need to demonstrate offer of continued employment and need for continued research or other J-1 program activity.

It is critical that you begin the process for requesting an extension well in advance to ensure you have the supporting documentation needed from your host department or school, and the Form I-20 or Form DS-2019 with extension recommendation from OVIS, in order to submit the application so that it is received by USCIS before your current program end date. 

We are waiting for additional guidance from USCIS on the filing window for the Form I-539 application for extension of status. While the SEVP FAQs reference a 180-day filing window, the final rule does not limit the filing window to 180 days.

You can find resources for how to prepare and file an extension of status here. 

It is your responsibility to ensure that you timely file your extension application with USCIS. 

The rule calls for an automatic 240-day extension of your F-1 on-campus employment or J-1 employment authorization based on a timely filed application for extension of status. Timely filed means the application is received by USCIS on or before your Form I-20 or DS-2019 program end date. While it is possible to file an extension within the 30-day grace period, filing after the program end date does not allow you to maintain your work authorization. 

The final rule does not make any changes to CPT, OPT or STEM OPT. But, the rule does have implications for filing and obtaining OPT. Students who plan to request OPT after completing their degree must file both the OPT application and an application for extension of status. Students will need to submit both a Form I-539 and a Form I-765. While the rule confirms that students can file these applications concurrently, there is no guidance on how the agency will adjudicate these applications. Importantly, at this time premium processing is available for the Form I-765 OPT application, but not for the Form I-539 application. In the preamble to the rule DHS did say it will consider premium processing for the I-539. 

The transition provisions of the rule say that students who are in the U.S. on the September 15, 2026, effective date, who do not depart the U.S., and who are eligible to file for OPT on or before March 18, 2027, will not be required to file an application for extension of status. 

Students who have an application for OPT pending on the September 15, 2026, effective date are also not required to file an application for extension.

It is important to note that a student who is in the U.S. on the September 15 effective date and then travels outside the country will be moved into the AUD system and will no longer be able to benefit from the transition provision. 

Students on OPT who travel outside the U.S. and reenter will be issued an I-94 record of arrival with an end date that reflects the OPT end date plus the 30-day grace period. Students who are STEM-eligible and wish to file for the STEM OPT extension will need to file both the Form I-539 application for extension of status and the Form I-765 application for OPT before the expiration of the initial period of OPT.

Students who fall under the transition provisions and who are eligible to file for the STEM OPT before March 18, 2027 would not be required to file the I-539 application for extension of status. This would only apply to students physically in the U.S. on the September 15, 2026 effective date who do not depart the U.S. before filing the STEM OPT application. 

According to the rule, undergraduate students may be eligible to transfer schools after completing the first year of their degree program but cannot transfer during the first year. The rule does reference an exception, granted by SEVP, for “extenuating circumstances”. 

The final rule restricts graduate students from transferring schools during their degree program. It is important to note, however, that in a change from the proposed rule the final rule acknowledges that a graduate student may be permitted to transfer schools where, as is the case for undergraduate students, they can demonstrate “extenuating circumstances”. 

In the preamble to the rule, the government says that “extenuating circumstances” for a transfer are rare, exceptional events beyond the control of the school and the affected students that prevent an SEVP-certified school from continuing to provide the student's approved course of study, such as a permanent or extended school closure, a school merger that eliminates the student's program, a loss of necessary authorization for the school to enroll F-1 students, or the school's prolonged inability to deliver required instruction due to a natural disaster or comparable emergency.

Under the rule, undergraduate students are permitted to change educational objectives after completing the first year of their degree program. Dartmouth policy allows undergraduate students to declare their initial major after the beginning of their fifth term in residence, which for most students is the winter term of sophomore year. The rule would not impact this policy.

The rule prohibits graduate students from changing educational objectives, which the rule defines as degree level or major. F-1 graduate students must remain in the same degree program with the same degree CIP code on their Form I-20 for the duration of their program. 

The final rule prohibits undergraduate and graduate students from completing a degree and then pursuing a new degree at the same or a lower educational level. The rule does not provide a clear list of degree levels, so there are open questions as to how the government views a JD or MD within the hierarchy of degree levels.

It is clear, though, that under the rule a graduate student cannot complete a Ph.D. and then enroll in an MBA or Master’s program, as those would be considered a lower degree level than a Ph.D. Similarly, an undergraduate student could not complete a Bachelor’s degree and then enroll in a second Bachelor’s degree program, as those would be considered the same educational level.

Yes, the rule does not prohibit a student from completing a degree and then changing level to a higher degree level.

The rule applies to F-1 students and J-1 exchange visitors and their F-2 and J-2 dependents. F-2 and J-2 dependent spouses and children will be issued an I-94 record of arrival with a date-specific AUD. 

Dependents will need to access and monitor their Form I-94 record of arrival and ensure that they apply for extensions of status using Form I-539 prior to the program end date on the Form I-20 or Form DS-2019. 

The final rule does confirm that dependents can join a principal F-1 or J-1 application for extension, with one filing fee. It is important to note, however, that there may be situations where the dependent I-94 expiration is different than the principal. This can happen, for example, if the dependent’s passport will expire prior to the program end date, and U.S. Customs & Border Protection issues an I-94 with an expiration that matches the passport expiration date. The dependent would have to file an individual application for extension of status in order to remain in status. 

The rule does not change the eligibility requirements for J-1 employment authorization. J-2 spouses may continue to apply for employment authorization under the current regulatory framework. 

It is important to note, however, that the 240-day auto-extension of work authorization does not apply to J-2 employment authorization. If the J-2 dependent’s work authorization expires, they must stop working until the extension of status and request for renewal of employment authorization are approved by USCIS.

Unlawful presence is a period of unauthorized stay in the U.S. If a nonimmigrant accrues 180 days of unlawful presence, they will be barred from returning to the U.S. for 3 years. Unlawful presence for 365 days triggers a 10-year bar to reentry.

Under the current regulations, F-1 students and J-1 exchange visitors only begin to accrue unlawful presence after a formal determination by USCIS or an immigration judge that there was a violation of status or following the denial of an application for an immigration benefit based on a status violation. 

Under the new rule, F-1 students and J-1 exchange visitors will begin to accrue unlawful presence if they remain in the U.S. beyond the expiration date on the Form I-94 record of arrival without having timely filed a request for extension of status. 

It is important to note that even one day of unlawful presence results in the voiding of the visa stamp in the passport, obligating the visa holder to apply for a new visa stamp at a U.S. Consulate in the home country.