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Final Rule Updates for J-1 Scholars

Duration of Status Remains in Effect as Final Rule Postponed:

A federal district court has postponed the September 15, 2026, effective date of the U.S. Department of Homeland Security (DHS) rule replacing Duration of Status with fixed periods of admission. The court has also prohibited DHS from implementing the rule while the case proceeds. As a result, Duration of Status will remain in effect while the court proceedings continue, unless or until the court orders otherwise. 

Current Rule and New Rule Comparisons for J-1 Scholars

This section covers Duration of Status (D/S), the postponed change to Fixed Admission Until Date (AUD) and the impact on Extension of Stay (EOS) Requests to United States Citizenship and Immigration Services (USCIS) for scholars. 

J-1 Scholar Extension

Current

SISS DS-2019 extension extends J program time and authorized legal stay. 

Scheduled to Take Effect on Sept. 15, 2026 (POSTPONED)

  • SISS extends DS-2019 for J program extension only
  • The J-1 scholar (and any J-2 dependents) must timely apply for the extension of stay (Form I-539) with USCIS, or timely depart the U.S. and re-enter with an extended DS-2019 to extend the period of authorized stay in the U.S.

J-1 Scholar Extension and J-1 Program Employment 

May only work at a UC Davis J host department.

Current

SISS DS-2019 extension extends J-1 program employment at UC Davis. 

Scheduled to Take Effect on Sept. 15, 2026 (POSTPONED)

With a timely filed I-539 application to extend legal stay, employment with the J program host may continue for up to 240 days.

J-2 Dependent and EAD Renewal

Current

J-2 may work only with a valid, issued EAD.   

Scheduled to Take Effect on Sept. 15, 2026 (POSTPONED)​

The 240-day rule does not apply, and J-2 must wait for an issued EAD.

Travel Abroad to Extend Legal Stay

Current

I-94 with D/S and extended DS-2019.

Scheduled to Take Effect on Sept. 15, 2026 (POSTPONED)

Instead of applying with USCIS for an extension of legal stay, the scholar (and J-2 dependents) may opt, if viable, to travel and re-enter the U.S. with their extended DS-2019 to get an extended AUD on their I-94.​

Need to Travel Abroad While Extension of Stay is Pending with USCIS

Current

I-94 with D/S and extended DS-2019.

Scheduled to Take Effect on Sept. 15, 2026 (POSTPONED)

A pending I-539 application is not considered abandoned if 

  • I-94 with D/S or an AUD that has not expired at the time of U.S. re-entry. 

A pending I-539 petition is considered abandoned if: 

  • AUD has not expired when departing the U.S. but has expired at the time of U.S. re-entry.
    • The J-1 scholar (and J-2 dependents) with an extended DS-2019 will be given an extended AUD on the I-94 to extend authorized stay.

More Information

For more information about D/S and the new rule, including AUD and EOS, return to the Duration of Status Updates webpage.

Primary Category

Immigration Updates

Secondary Categories

SISS Announcement