Information on Final Rule Ending Duration of Status

Q1: What has changed with the new rule?

A: The Department of Homeland Security’s (DHS) Final Rule impacting F/J nonimmigrants is complicated with many nuances. At a high level, DHS has made two primary changes: 

1. Eliminates duration of status (D/S) for F/J nonimmigrants (and, if applicable, their dependents) in favor of fixed Admit Until Dates (AUD), similar to other nonimmigrant classifications, such as the H-1B, O-1, TN, and B-1.
2. Imposes academic mobility restrictions for F-1 students.

The rule is currently scheduled to take effect on September 15, 2026. The full and complete text of the rule can be found here (PDF).

Q2: How does this affect F/J nonimmigrants who are currently in the United States?

A: The new rule is expected to take effect on Sept. 15, 2026. Until then, the historical regulatory framework remains in place.

Once the new rule is in effect, the fixed AUD provisions will impact F/J nonimmigrants differently depending on whether they travel abroad and regain admission on or after Sept. 15, 2026 (See Q4).

F/J nonimmigrants who do not travel abroad on or after Sept. 15, 2026, may take advantage of the transition benefits. F/J nonimmigrants who travel abroad and return to the United States on or after Sept. 15, 2026, forfeit these transition benefits. Upon re-entry, they will be subject to the new rule and issued a new Form I-94 that identifies a fixed AUD.

The regulatory changes impacting academic mobility will apply to all F-1 Students immediately (See Q14-Q17).

Q3: What should F/J nonimmigrants do now to prepare?

A: All F/J nonimmigrants should continue to ensure compliance with their specific immigration status, such as:

• Review and identify their new fixed AUD now and every time they enter the United States (See Q4).
• Set a calendar reminder six months prior to new fixed AUD to determine whether an I-539 Application to Extend Nonimmigrant Status (EOS Application) is necessary. For example, if new fixed AUD is May 31, 2027, set a calendar reminder for November 2026. 
• Maintain full-time enrollment or if on OPT/STEM OPT/Academic Training, maintain eligible employment.
• Carry registration documents and timely report address changes.
• Ensure passports are valid.
• Read all communications from the International Student and Scholar Office as they may contain important status and immigration compliance information.

Q4: How do F/J nonimmigrants who are present in the United States on Sept. 15, 2026, determine their new fixed AUD?

F nonimmigrants: If present in the United States on Sept. 15, 2026, and issued a Form I-94 that identifies an AUD of “D/S,” F nonimmigrants' new fixed AUD is the program end-date listed on their Form I-20/OPT EAD/STEM OPT EAD or Nov. 14, 2030, whichever is earlier. If necessary, an EOS Application will need to be filed on or before the new fixed AUD. 

J nonimmigrants: If present in the United States on Sept. 15, 2026, and issued a Form I-94 that identifies an AUD of “D/S,” J nonimmigrants' new fixed AUD is the program end date listed on their Form DS-2019 or Oct. 15, 2030, whichever is earlier. If necessary, an EOS Application will need to be filed on or before the new fixed AUD.

F/J Nonimmigrants who travel abroad and return to the United States on or after Sept. 15, 2026, forfeit these transition benefits. Upon re-entry, they will be subject to the new rule and issued a new Form I-94 that identifies a fixed AUD. It should match the program end-date on the I-20/OPT EAD/STEM OPT EAD or DS-2019, but not to exceed four years. If necessary, EOS Applications will need to be filed on or before the new fixed AUD.

Nonimmigrants can access their electronic Form I-94 through the CBP website located here.

Q5: How will the new rule impact F-1 students whose OPT/STEM OPT applications are pending with U.S. Citizenship and Immigration Services (USCIS) on Sept. 15, 2026?

A: F-1 students whose timely filed OPT/STEM OPT Applications are pending with USCIS on Sept. 15, 2026, do not have to file EOS applications or refile their OPT/STEM OPT applications, unless otherwise requested by USCIS. If the pending OPT/STEM OPT application is approved, the F-1 student will be authorized to remain the United States until the expiration of the OPT/STEM OPT EAD.

Q6: How will the new rule impact F-1 students who will file their OPT/STEM OPT applications soon?   

A: F-1 students who timely file their OPT/STEM OPT applications on or before March 18, 2027, are not required to file an EOS Application. If the OPT/STEM OPT application is approved, the F-1 student will be authorized to remain in the United States until the expiration of the OPT/STEM OPT EAD. However, F-1 students who travel abroad and return to the United States after the effective date, but before filing their OPT/STEM OPT application, may be required to file an EOS application with the OPT/STEM OPT application.

Q7: Are there any similar special rules impacting J-1 Exchange Visitors during the transition period?

A: Yes, J-1 Exchange Visitors who have timely filed their EOS application on or before March 18, 2027, may continue to engage in authorized employment and activities consistent with their program objective while the EOS application is pending through the program end date on the Form DS-2019.

Q8: What does the elimination of duration of status for F/J nonimmigrants mean?

A: Prior to the effective date of the new rule, when F/J nonimmigrants (and, if applicable, their dependents) entered the United States, they were issued a Form I-94, which identified an AUD of D/S. This allowed F/J nonimmigrants to remain in the United States if they were making normal progress toward program completion and were meeting all compliance requirements.

Effective Sept. 15, 2026, when F/J nonimmigrants (and, if applicable, their dependents) enter the United States, they will be issued a Form I-94 that identifies a fixed AUD. The fixed AUD should match the program end-date on their Form I-20/OPT EAD/STEM OPT EAD or their Form DS-2019, not to exceed four years.

F/J nonimmigrants will be expected to complete their programs by their fixed AUD.

Q9: What happens if an F/J nonimmigrant cannot complete their program by their fixed AUD?

A: Effective Sept. 15, 2026, F/J nonimmigrants must work with their designated school officer (DSO) or responsible officer (RO) to extend their program end-date through the issuance of an updated Form I-20 or Form DS-2019. The DSO/RO may also extend the program end-date of their F/J dependents. Once they receive the extended Form I-20 or Form DS-2019, the F/J nonimmigrants (and, if applicable, their dependents) must either:

1. Timely travel abroad and return to regain admission through U.S. Customs and Border Protection (CBP) and obtain a new Form I-94 with an extended AUD. Most F/J nonimmigrants will need a valid F/J visa in their passport to return to the U.S. Further, admission to the United States is at the discretion of CBP; or
2. Timely file an EOS application with USCIS to extend their immigration status. EOS application approval is at the discretion of USCIS.

F-1 Students may need to demonstrate a compelling academic or medical reason or circumstance beyond their control to warrant an extension of their original AUD.

Q10: What are some valid reasons for requesting an extension of my F/J nonimmigrant status?

A: There is no exhaustive list, however DHS has provided examples that are applicable to F-1 students. Examples include a change of major or research topic, unexpected research problems, a compelling documented illness or medical condition that is supported by medical documentation or circumstances beyond the student's control, including a natural disaster, national health crisis or the closure of an institution. Delays caused by academic probation or suspension or a student's repeated inability or unwillingness to complete their course of study are not acceptable reasons for an extension.

Q11: Can F/J nonimmigrants work while their EOS application is pending?

A: Yes, F/J nonimmigrants may continue to work while their timely filed EOS application is pending. Under the new rule, DHS has provided the following employment authorization extension provisions:

F-1 students  

1. On-campus employment: Automatic employment authorization for a period of 240 days, beginning from the end-date on their period of admission as noted on Form I-94, or until the new program end date on Form I-20, whichever is earlier.

2. Severe economic hardship employment: Automatic employment authorization for a period of 240 days, beginning from the end-date on their period of admission as noted on Form I-94, or until the end-date stated in the Federal Registrar notification suspending certain benefits, whichever is earlier.

3. Curricular practical training: Automatic employment authorization for a period of 240 days, beginning from the end date on their period of admission as noted on Form I-94, or until the end date authorized by the DSO on Form I-20, whichever is earlier.

F-1 students do not receive the automatic 240-day extension if they file their EOS application during their 30-day grace period. F-2 dependents remain ineligible for employment authorization.

J-1 Exchange Visitors

1. Employment incident to status: Automatic employment authorization for a period of 240 days, beginning on the day after the admission period expires, or until the new program end-date on Form DS-2019, whichever is earlier. (But see Q7).

J-2 dependents do not benefit from the automatic 240-day extension rule and may not engage in employment until USCIS approves their application for employment authorization.

Q12: Can F/J nonimmigrants travel internationally while their timely filed EOS application is pending? 

A: Yes, F/J nonimmigrants may travel internationally while their timely filed EOS application is pending but should be mindful that upon readmission CBP may either issue them a Form I-94 with a fixed AUD reflecting the remainder of their previously authorized program end-date or grant a new fixed AUD reflecting an extended program end-date based on the updated Form I-20/DS-2019.

F/J nonimmigrants should ensure they are available to respond to a Request for Evidence (RFE) or other requests from USCIS while outside the United States. Failure to respond to an RFE may result in USCIS denying an EOS application. Further, F/J nonimmigrants should carry with them a copy of their new I-20/DS-2019 and EOS application receipt notice.

Q13: What happens if the F/J nonimmigrant’s EOS application is denied?  

A: If an F/J nonimmigrant’s EOS application is denied and their AUD has expired, the F/J nonimmigrant (and, if applicable, their dependents) must immediately depart the United States. There is no grace period, and the F/J nonimmigrant begins accruing unlawful presence.

Q14: What are the restrictions on academic mobility impacting F-1 students?

A: F-1 students will experience restrictions on their academic mobility which, in sum, means that their ability to transfer between SEVP-certified schools, change their educational objectives (major and educational level) and enroll in a second-degree program at the same or lower level than previously earned will be impacted by the new rule.

Q15: What are the restrictions on transferring to a new school for F-1 students? 

A: F-1 students below the graduate level will not be allowed to transfer to another SEVP-certified school within their first academic year, unless an exception is authorized by SEVP due to extenuating circumstances. This is a difficult bar to meet.

F-1 students at or above graduate level will not be allowed to transfer to another SEVP-certified school at any point in their program of study, unless an exception is authorized by SEVP due to extenuating circumstances. This is a difficult bar to meet.

Q16: What are the restrictions on changing educational objectives for F-1 students?  

A: F-1 students below the graduate level will not be allowed to change their educational objective (major or educational level) within their first academic year, unless an exception is authorized by SEVP due to extenuating circumstances. This is a difficult bar to meet.

F-1 students at or above graduate level will not be allowed to change their educational objective (major or educational level) at any point in their program of study.

Q17: What are the restrictions on reverse and lateral matriculation for F-1 students?

A: F-1 students who complete their program after the rule’s effective date may not start another program at the same or lower educational level. For example, an F-1 student who has completed a master’s degree program cannot begin a new program at a bachelor’s degree level (reverse/lower) or master’s degree level (lateral/same) as an F-1 student but may begin a program at the PhD level (higher).