Duration of Status rule change

On July 17, 2026, the Department of Homeland Security (DHS) published changes to the “duration of status” (D/S) for F and J nonimmigrants (students and scholars). These changes eliminate the long-standing D/S policy for F and J nonimmigrants (including F-2 and J-2 dependents), which includes international degree-seeking and exchange students and visiting scholars. The changes are scheduled to take effect September 15, 2026. The University is committed to supporting students by providing helpful and timely information.

The information provided is intended for general informational purposes only and should not be considered legal advice or a substitute for advice tailored to your specific circumstances. Those seeking legal advice or assistance should consult with an attorney. Information on this page may change at any time as it becomes available. Accordingly, the University cannot guarantee the currency or ongoing availability of the information found in the external links on this webpage.

New terminology
Key changes
Employment and extensions
What do I consider right now?
How do I file an extension of stay?
Rule under congressional review
Resources

New terminology

  • Admit Until Date (AUD): The AUD is the date by which F or J nonimmigrant’s maximum period of admission to the United States (U.S.) and is the last day a nonimmigrant is authorized to stay in the U.S. Nonimmigrants cannot remain lawfully present in the U.S. beyond their AUD and must depart the U.S. or take action to maintain status before their AUD expires. It includes the standard 30-day departure period. This replaces D/S admission date on the Form I-94.
  • Educational Objectives: Educational Objectives refer to the academic program, including major and educational level.
  • Extension of Stay (EOS): An EOS is a request submitted to USCIS using Form I-539 to remain in the U.S. beyond the AUD to complete a degree program or continue with post-completion work authorization (F-1 – Optional Practical Training (OPT)/STEM OPT; J-1 – Academic Training (AT)).
    • May be filed starting 180 days before AUD expires.
    • Nonimmigrants who file for an EOS within the 30-day departure period may not begin or continue ANY employment.

Key changes

  • Fixed period of admission/status for entry on or after September 15, 2026: F-1 and J-1 nonimmigrants and their dependents entering the U.S. on or after September 15, 2026, at the discretion of U.S. Customs and Border Protection (CBP), will have a “fixed period of admission” on their I-94 which will include the standard 30-day departure period and up to the program length on the I-20/DS-2019 or four years, whichever is shorter.
    • If your I-20/DS-2019 end date is shortened, the new end date will be your admission period.
  • F and J nonimmigrants with D/S I-94 admission under the prior rule and are inside the U.S. on September 15, 2026:
    • You may remain in the U.S. until the shorter of these options:
      • The program end date listed on your I-20/DS-2019;
        • If your program end date is past four years from the final rule effective date (September 14, 2030), you must file an EOS to continue your program;
      • The end of your approved post-completion work authorization;
      • November 14, 2030 (F) or October 15, 2030 (J), which includes four years and a 60-day (F) or 30-day (J) grace period;
      • If you need more time, you may apply for an EOS by filing Form I-539 with USCIS or leaving and reentering the U.S. Consult with OISS.
    • If such an individual leaves the U.S. and reenters on or after September 15, 2026, U.S. Customs and Border Protection (CBP) will readmit them with a Form I-94 with a date specific AUD of no more than four years.
  • Shorter grace periods for F nonimmigrants: F nonimmigrants who enter the U.S. on or after September 15, 2026, will now have a 30-day grace period after their program end date, instead of 60 days.
    • The grace period for J nonimmigrants is still 30 days.
  • Extension requirements: F-1 and J-1 nonimmigrants and your dependents must submit formal extension applications (Form I-539) to USCIS before your current status expires, including applications for post-completion work authorization.
    • F nonimmigrants applying for OPT/STEM OPT must file Form I-765 in addition to Form I-539 for the EOS.
  • School transfers and changes in educational objectives: The rule changes procedures and requirements for F-1 students who change educational objectives (major/degree level) or transfer while in F-1 status. It does not change rules for J nonimmigrants.
    • Undergraduate students:
      • Requires that the student complete their first academic year of a program of study at the school that initially issued their I-20 or successor form.
      • Transferring students may need to file an EOS if the new program end date is beyond their AUD.
    • Graduate students:
      • Prohibits F-1 students at the graduate education level or above from changing educational objectives at any point during a program of study.
        • Students are prohibited from changing majors, degree programs, and educational levels. They are also prohibited from adding a second degree. (We are waiting for clarification regarding en route degrees.)
      • Prohibits F-1 students at the graduate education level or above from transferring at any point during their program of study, unless an exception is authorized by SEVP for extenuating circumstances.
      • Note: students on academic probation, academic suspension or not making satisfactory progress are not eligible to transfer institutions or change education levels. Consult with OISS and an immigration attorney.
    • Requiring any student who has completed a program at one educational level to only be allowed to begin another program at a higher educational level as an F-1 student and prohibiting a change to the same or a lower educational level while an F-1 student.
      • Allowed – changing to a higher education level (you do not have to have a degree at each level): English as a Second Language (ESL) -> Post-secondary Certificates/Non-Degree -> Associate -> Bachelor’s -> Master’s -> Doctoral.
        • Students who change to a higher educational level after September 15, 2026, must apply for EOS and therefore will receive an AUD, lose D/S, and receive a 30-day grace period.
      • Not allowed – changing to a lower education level: Doctoral -> Master’s -> Bachelor’s -> Associate -> Post-secondary Certificates/Non-Degree -> English as a Second Language (ESL).
      • Not allowed – changing to a program at the same education level if you complete the program after September 14, 2026: Doctoral -> Doctoral, Master’s -> Master’s; Bachelor’s -> Bachelors.
      • J-1 students' rules do not change; you cannot change to a lower education level.
    • SEVP may grant an exception for extenuating circumstances for any of these reasons. Examples of extenuating circumstances include a school closure or a school’s prolonged inability to hold in-person classes due to a natural disaster or other causes.

Employment and extensions

  • This rule does not eliminate any employment options F and J nonimmigrants have (on-campus, CPT, OPT/STEM OPT, AT, and severe economic hardship).
  • Curricular Practical Training (CPT) (F-1)
    • If your Form I-94 expires before you complete the academic program that supports your CPT authorization, you must obtain another lawful period of authorized stay.
    • Students who timely file an EOS before the program end date on their I-20 may continue authorized CPT for up to 240 days while the application is pending.
  • Post-completion Work Authorization
    • Transition provision for students on or applying for post-completion work authorization: The rule provides provisions to allow students who file for post-completion work authorization on or before March 18, 2027, to apply without an additional EOS process.
      • The OPT/STEM OPT and AT rules will still apply.
      • Note: if a student departs the U.S. and re-enters prior to the work authorization filing, this transition provision does not apply.
    • Optional Practical Training (OPT)/STEM OPT (F-1)
      • Applicants for OPT/STEM OPT whose I-765s are pending with USCIS on September 15, 2026, will be able to remain in the U.S. for up to six months without having to file an EOS.
      • Students may need to apply for an EOS before beginning OPT/STEM OPT if any of these apply. Consult with OISS:
        • when the student entered the U.S.;
        • whether the transition provisions apply;
        • whether the student has traveled internationally since September 15, 2026;
        • the expiration date of the student's current Form I-94; and
        • the expected OPT/STEM OPT employment period.
      • Students should review their immigration documents with OISS before completing their academic program or filing for OPT/STEM OPT.
    • Academic Training (AT) (J-1 students)
      • Eligible J-1 exchange visitors may continue to participate in AT if you otherwise satisfy Exchange Visitor Program requirements.
      • If an EOS is timely filed before the program end date on the DS-2019, participation in AT may generally continue for up to 240 days while the application is pending.
      • Applications filed during the 30-day grace period do not receive the 240-day continuation.

What should I consider right now?

  • Entering the U.S. before September 15, 2026 maintains a 60-day grace period. If you exit the U.S. on or after September 15, 2026, you will not retain any Transition benefits after re-entry. If you are still applying for or waiting for a visa abroad, this new rule does not have any impact on U.S. visa processing.
  • The new rule does not impact current visa processing times.
  • If you intend to transfer your F or J program, then the request should be made at least 4 weeks before September 15, 2026, to allow OISS sufficient processing time.
  • If you are an F or J student and your anticipated program completion date is later than your current I-20/DS-2019 end date, then you can request a Program Extension where the request should be made at least 3 weeks prior to September 15, 2026.
  • If you are a J-1 scholar and your anticipated program completion date is later than your current DS-2019 end date, you may contact OISS at scholars@unr.edu to discuss your options.
  • If you are an F or J student eligible for post-completion work authorization, then you can apply as soon as possible.
    • F-1 students may apply for post-completion OPT 90 days prior to their program completion date or apply for STEM OPT extension up to 90 days before their OPT EAD card expiration date.

How to file for an extension of stay

  • We strongly recommend that you consult with an immigration attorney.
  • Request an extended I-20/DS-2019 (program extension, change of level, transfer in, post-completion work authorization, etc.) from OISS – allow at least 3 weeks for processing.
  • File Form I-539 with USCIS either online (recommended) or by mail as early as 180 days before your current AUD.
    • F-2 and J-2 dependents should be included in your request.
    • F-1 applicants may be required to submit biometrics and may be required to appear for an interview pursuant to 8 CFR 103.2(b)(9).
    • If USCIS denies your extension of I-539 application, you will need to depart the U.S according to your original AUD or immediately, if that date has passed. If the date has not passed, you may reapply.
      • A denial will end lawful status upon notice to you if your prior “admit until” date has already expired; staying could lead to unlawful presence and future re-entry bars.
    • Abandonment of EOS I-539:
      • If you travel with a pending I-539, USCIS will not consider the I-539 application abandoned if your previously authorized period of admission has not expired and you reenter with your previous I-20/DS-2019.
      • If you travel and reenter after your authorized period of admission has expired and/or use your extended I-20/DS-2019, your I-539 application will be considered abandoned.
    • You may also extend your stay by leaving the country and reentering with the extended I-20/DS-2019.
      • Travel requirements still apply and reentry is NEVER guaranteed.
      • Automatic visa revalidation: eligible F and J nonimmigrants may still use AVR, the new rule does not eliminate it. The language was changed from “The inspecting immigration officer shall readmit for the unexpired period of stay…” to “The inspecting immigration officer may admit up to the unexpired period of stay…” to clarify that Customs and Border Protection has the discretion to decide whether to admit a nonimmigrant or not.
    • Note: Extending your stay does not extend your visa.

Rule under congressional review

The new policy has been classified as a major rule subject to congressional review. The effective date is currently September 15, 2026, but congressional review could change the start date or terminate the rule. Higher education professional associations are urging Congress to halt or overturn the rule, and litigation may be imminent. A rule ending D/S was proposed in 2018 and overturned in court.

Resources