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**Temporary Injunction Placed**: a temporary hold has been placed on duration of status changes effective September 15th to a PENDING date of implementation after review under the Administrative Procedure Act (APA). Additional information will be shared as soon as it is released.

On July 17, 2026, the Department of Homeland Security (DHS) published a final rule that replaces Duration of Status (D/S) with fixed periods of admission for most F-1 students, J-1 Exchange Visitors, I nonimmigrants, and their dependents. The rule becomes effective on September 15, 2026, and includes transition guidelines for those who are already in the United States.

What is Duration of Status: Under the previous regulations, students admitted in Duration of Status (D/S) were authorized to remain in the United States for the duration of their academic program while maintaining valid F-1 or J-1 status, any approved period of practical training, and the applicable grace period following completion of their program.

What is an Admit Until Date: Beginning September 15, 2026, U.S. Customs and Border Protection (CBP) will generally issue an Admit Until Date (AUD) on your Form I-94 rather than admitting students or scholars for Duration of Status.

Grace Period Changes: Individuals admitted under the new AUD system after September 15, 2026, will generally receive a 30-day grace period following completion of their academic program. Current F-1 students who are already in the United States in Duration of Status will generally retain the existing 60-day grace period unless they:

  • File an Extension of Stay application with USCIS; or 
  • Depart the United States and are subsequently readmitted under the new AUD system. 

See a presentation by Miha Britt Immigration Law LLC here.

Bachelor's student: Admission may generally be issued through the expected program completion date (up to four years), plus a 30-day grace period. 

Master's student: Admission may generally be issued through the expected program completion date, plus a 30-day grace period. 

Doctoral student: Admission may generally be issued through the expected program completion date, up to a maximum four-year admission period. Students whose doctoral programs extend beyond four years will generally need to apply for an Extension of Stay before their AUD expires. 

Students who are already present in the United States in Duration of Status prior to September 15, 2026, will generally remain in Duration of Status under the transition provisions.

However, students who:

  • Depart the United States and are readmitted after September 15, 2026;
  • File an Extension of Stay application and receive an AUD; or
  • Continue beyond the transition period established by the final rule

May become subject to the new AUD requirements. Students who expect to continue beyond the completion of their current academic program, including approved OPT or STEM OPT where applicable, should consult ISSS well in advance to determine whether an Extension of Stay application will be required.

Automatic Continued Authorization to Work During Extension of Stay Applications: 

Students who timely file an extension of stay (EOS) application before their Admit Until Date (AUD) expires, including before the start of the 30-day departure period, may continue on-campus employment, off-campus employment due to severe economic hardship, and curricular practical training for up to 240 days while the application is pending. However, students who file an EOS during the 30-day departure period must stop all employment while the EOS is pending and may only resume work if the extension is approved. 

Students currently present in the United States filling for OPT and STEM OPT up to six (6) months after the final implementation of the rule on September 15th (March 18, 2027) will, generally, not be required to submit an Extension of Stay application and remain under Duration of Status - unless the student: 

  • Departs the United States and is readmitted after September 15, 2026;
  • Files an Extension of Stay application and receive an AUD; or
  • Continues beyond the transition period established by the final rule.

Students currently on OPT and STEM OPT will existing authorization that would require an application after March 18, 2027 will be require to submit both the I-539 application for Extension of Stay and the I-765 application for their work authorization category of OPT or STEM OPT. 

Automatic Continued Authorization to Work During Extension of Stay Applications: 

Students who timely file an extension of stay (EOS) application before their Admit Until Date (AUD) expires, including before the start of the 30-day departure period, may continue on-campus employment, off-campus employment due to severe economic hardship, and curricular practical training for up to 240 days while the application is pending. However, students who file an EOS during the 30-day departure period must stop all employment while the EOS is pending and may only resume work if the extension is approved. 

Changing Majors

Bachelor's Students: Undergraduate students generally may not change majors during their first academic year (Fall and Spring semesters). Exceptions can only be made under "extenuating circumstances" such as (1) school closure/mergers, (2) school's prolonged inability to hold in-person classes due to a natural disaster, (3) a student is enrolled in an elementary or secondary education who needs to change schools, and (4) other reasons approved by the Student Exchange Visitor Program (SEVP).

Master's and Doctoral Students: Graduate students generally may not change their major field of study after beginning their academic program except in limited circumstances permitted under the regulations. Exceptions can only be made under "extenuating circumstances" such as (1) school closure/mergers, (2) school's prolonged inability to hold in-person classes due to a natural disaster, (3) a student is enrolled in an elementary or secondary education who needs to change schools, and (4) other reasons approved by the Student Exchange Visitor Program (SEVP).

Changing Educational Levels

All students generally may not move to a lower or equivalent educational level while maintaining the same period of admission. Exceptions can only be made under "extenuating circumstances" such as (1) school closure/mergers, (2) school's prolonged inability to hold in-person classes due to a natural disaster, (3) a student is enrolled in an elementary or secondary education who needs to change schools, and (4) other reasons approved by the Student Exchange Visitor Program (SEVP).

SEVIS Transfers

Bachelor's Students: Undergraduate students generally may not transfer schools or change their educational objective during their first academic year. Transfers may generally occur after one academic year. Exceptions can only be made under "extenuating circumstances" such as (1) school closure/mergers, (2) school's prolonged inability to hold in-person classes due to a natural disaster, (3) a student is enrolled in an elementary or secondary education who needs to change schools, and (4) other reasons approved by the Student Exchange Visitor Program (SEVP).

Master's and Doctoral Students: Graduate students generally may not transfer schools or change their educational objective after beginning their academic program unless they are progressing to a higher educational level. Exceptions can only be made under "extenuating circumstances" such as (1) school closure/mergers, (2) school's prolonged inability to hold in-person classes due to a natural disaster, (3) a student is enrolled in an elementary or secondary education who needs to change schools, and (4) other reasons approved by the Student Exchange Visitor Program (SEVP).

Students MAY NOT transfer if they: (1) fail to maintain status, (2) have been placed on academic probation or suspension, (3) demonstrate a pattern of behavior of repeated failure or willingness to complete their program of study, and/or (4) will not begin classes at the new SEVP Certified School within 5 months of the student's current program end date, OPT/STEM OPT EAD card end date, or transfer release date from the current school. 

Students will request an extension I-20 or DS-2019 from their Designated School Official (DSO) or Alternate Responsible Officer (ARO). This request will be available in the ISSS Gateway Portal. DSOs and AROs will determine whether a student meets the requirements set by the Student Exchange Visitor Program (SEVP) to request an extension. Students may not request an extension based on academic probation, suspension, or for "failing a class." Students will need to provide proof that their degree will not be able to be completed by their current Admit Until Date (AUD) or that they faced "extenuating circumstances" such as a medical condition, natural disaster, or other circumstances. Extension of Stay (EOS) applications will now be required for students after September 15, 2026 who do not retain duration of status. 

Students will apply for the Extension of Stay Application (I-539) with the United States Citizenship and Immigration Services (USCIS). Students will need to create a myUSCIS account. Students are recommended to file an EOS/I-539 application at least 180 days prior to their current AUD end date. Students must apply for the EOS prior to the 30 day grace period, or current AUD end date. Students will need to pay the required EOS/I-539 fee with the USCIS for the application, submit required documentation and processes (including proof of foreign address, proof of financial support for the duration of the extension, and complete the required biometrics appointment). 

USCIS will review the students application, then make a decision to approve or deny the request. The USCIS will review to ensure that the student is eligible for the extension, complied with the terms of their admission to the United States, conduct background and security checks, and review all evidence provided in the EOS application. 

If approved, the USCIS will issue an I-797 approval notice with the updated I-94 attached. If a student is denied the application, they will be required to immediately depart the United States or apply for reinstatement. All F-2 and J-2 dependents should be included in the initial EOS/I-539 application. If they are not included, they may have varying AUD dates and would be subjected to unlawful presence if they remain inside the United States beyond the approved AUD.

F-1 Students (including F-2 dependents) and J-1 Exchange Visitors (including J-2 dependents) may also opt to apply for an extension of stay (EOS) when re-entering the United States through Customs and Border Protection (CBP).  Those with unexpired visas who choose to travel may request admission with CBP at a U.S. port of entry and receive a new Form I-94, with a new period of admission based on their updated SEVIS record and supporting documentation, subject to eligibility and admissibility requirements. Students and Exchange Visitors with expired visas need to apply for a visa renewal at a U.S. embassy or consulate before returning to the United States to resume their program of study.

If a Student or Exchange Visitor has a pending EOS application, it is recommended that they take their I-797 receipt notice with the USCIS with them during their travel. CBP may update the AUD date on the Form I-94 in advance of the USCIS decision, causing the application with the USCIS to be abandoned. 

If I travel after September 15th and I am a current S&T student, what will happen to my Duration of Status?

After September 15th all international students and scholars who travel internationally who hold a F-1, F-2, J-1, or J-2 visa will fall under the new Admit Until Date (AUD) system with the Customs and Border Protection (CBP). The new AUD you receive will be based on your I-20 end date, your passport/visa expiration date, or your Employment Authorization Document (EAD) Card's expiration date. CBP has total discretion on which end date will be used. 

Where can I find my new Admit Until Date (AUD)? 

After September 15th all international students and scholars who transition into the new AUD system can find their AUD on their Form I-94 admission record with the CBP. Your I-94 includes your visa classification type, port of entry record, date of entry to the United States, and the duration of your stay (admit until date). 

How early can I file an Extension of Stay (EOS) application with the USCIS? 

USCIS and SEVP guidance recommends that you apply no later than 180 days (6 months) prior to your current AUD end date. 

What are the reasons an EOS application will be approved?

USCIS has complete discretion in approving or denying EOS applications. The eligibility requirements include: (1) the student or scholar has maintained their status; (2) the student or scholar is maintaining a full course of study or working toward their program objectives; (3) the current I-20 or DS-2019 remains valid, and the student or scholar is enrolled in a program that requires additional time to complete; (4) the student or scholar has one of the following circumstances requiring the extension: a compelling academic reason, a compelling medical reason, or circumstances beyond the student or scholar’s control; and (5) the student or scholar has provided proof of sufficient financial support for the requested extension period.

Can I travel while I have a pending EOS application? 

Yes, you can continue to travel internationally. You may apply for your EOS application at the CBP port of entry but will be required to have the demonstrated proof above. CBP may process your EOS application and abandon the application you have submitted with the USCIS. If you are a current student with duration of status and you travel after September 15, 2026, your duration of status will be updated to an AUD based on your current program end date on your I-20 or up to the 4-year maximum. 

If I am applying for OPT or STEM OPT do I need to file an EOS application? 

After March 18th, 2027 all international students on an F-1 visa will need to file both the application I-765 for OPT and STEM OPT in addition to the EOS application. Premium processing will remain available for the I-765 application but EOS/I-539 application for this process will not allow for premium processing. 

I am a PhD student who wants to apply and receive my masters degree at the same time, is this still possible?

Yes, you can continue to pursue your PhD degree and apply to receive your masters degree, however after September 15th you will not be able to drop to a lower degree level. You would not be eligible to apply for OPT based on your masters degree after September 15th if you discontinue your PhD studies. 

Can I transfer my SEVIS record before I complete my program? 

For undergraduate students, you can transfer your SEVIS record only after completing one academic year (fall/spring semester). For graduate students, you cannot transfer your SEVIS record until you complete your current degree program and educational objectives.