Final Rule Updates for F-1 and J-1 Students

Final Rule Summary for Students

The final rule establishing fixed time periods of admission includes several different regulatory changes for students. These changes include establishing fixed time periods and maximums on legal stay; required extension procedures for different situations; extension procedures for F-1 students applying for OPT or STEM Extension OPT; extension procedures for J-1 students applying for Academic Training (AT); and restrictions on the ability of students to make changes to their current program, transfer to different schools, and start new degree programs.

Please click on the accordion sections below for more details about these changes.

• Students will be assigned a specific time limit on their legal stay, capped at a maximum of four years at any given time. 

• Fixed Periods of Legal Stay

  Under the final rule, students and dependents arriving in the U.S. on or after September 15, 2026 will be assigned a fixed time, called an Authorized Until Date (AUD), to remain in the U.S. in lawful status. This timeframe will be based on the I-20 or DS-2019 program end date plus a grace period of 30 days, up to a maximum of four years, whichever is earlier.

  - Example 1: A continuing student travels outside the U.S. for vacation on November 20, 2026. Upon returning to the U.S. on December 1, 2026, the student presents an I-20 or DS-2019 showing a program end date of May 31, 2028. The student will be assigned an AUD expiring on or around June 30, 2028 (May 31 + 30-day grace period).

  - Example 2: A continuing student travels outside the U.S. for vacation on November 20, 2026. Upon returning to the U.S. on December 1, 2026, the student presents an I-20 or DS-2019 showing a program end date of May 31, 2032. The student will be assigned an AUD on or around December 31, 2030 (four years from the date of re-entry plus a 30-day grace period).

  Admit Until Date (AUD) and I-94 Arrival Record

  The student's specific period of stay will be indicated in the “Admit Until Date” (AUD) section of the student's I-94 arrival record.

  The AUD will be a hard deadline for either leaving the U.S. or applying for an extension with U.S. Citizenship and Immigration Services using Form I-539, if departure is not possible. Those who leave the U.S. and re-enter the U.S. at a later date will receive a new AUD documented on the I-94 upon arrival. 

  Extensions will be needed in different situations

  If a student's AUD is going to expire, they may need to take action to extend their stay even if they don't need more time to finish their current program. 

  The list of situations when an extension may be required include:

  • - Completing the current program of study
  • - Beginning post-completion Optional Practical Training, STEM Extension OPT, or AT
  • - Beginning a new degree program at UC Davis or at another school
  • - Transferring to another school
  • - Changing status

  Dependents

  Dependents accompanying the primary student will also receive a fixed period of stay and an AUD. Dependents cannot legally remain in the U.S. beyond the amount of time given to the student, regardless of what the dependent's individual documents indicate. Any student who needs to seek an extension of legal stay must also include their dependents.

  The consequences of staying past the AUD without taking action will be serious. 

  Failure to take action before the current AUD expires can cause the student to fall out of status and accrue unlawful presence in the U.S., which carries extremely serious immigration consequences. “Unlawful presence” — which can lead to 3 and 10-year bars on returning to the U.S. — will begin to accrue automatically once the AUD passes. Or, if a student files an I-539 extension application and the application is denied, the applicant must depart the U.S. immediately, with no grace period. 

• Students will need to depart or apply for an EOS in different situations

• Determining When to Apply or Request an Extension

  There are different scenarios that will require a student to either depart the U.S., and/or apply for an extension of stay with USCIS. In all cases, students must monitor their Admit Until Date (AUD) on their Form I-94, since this may never expire while they are inside the U.S.

  The scenarios below are described in general terms. SISS will provide more detailed instructions and guidance once additional information is made available by the government. Because each student will have different situations, students will need to discuss their specific situations with their SISS advisor.

  Scenario 1: Student's AUD is expiring, but they need more time to complete their current program.

  The student must request and receive an I-20 / DS-2019 with an extension recommendation from SISS before the program end date.

  After receiving an updated I-20 / DS-2019, the student must either:

  • 1. Leave before their current AUD expires and re-enter with their new document, or
  • 2. Apply for an Extension of Stay (EOS) with USCIS before their current AUD expires.

  Scenario 2: Student is completing their program, but they want to apply for post-completion OPT, STEM Extension OPT, or post-completion AT.

  The student must request and receive a new I-20 / DS-2019 with an OPT, STEM Extension OPT, or AT recommendation from SISS.

  After receiving the new I-20/ DS-2019, the student must then submit an I-539 for the EOS to USCIS. F-1 students will also have to submit an I-765 application for OPT or STEM OPT, before their AUD expires. F-1 students who fall under the transition period and still have D/S on their latest I-94 do not have to file the I-539 with their I-765 if they are filing by March 18, 2027 (note that the USCIS online filing system uses the UTC time zone).

  Scenario 3: Student is completing their program, but they want to start a new degree at a higher degree level or transfer to another school.

  The student must request and receive a new I-20 / DS-2019 for their new program.

  After receiving an updated I-20 / DS-2019, the student must either:

  • 1. Leave before their current AUD expires and re-enter with their new document, OR 

    2. Apply for an Extension of Stay (EOS) with USCIS before their current AUD expires.

  Scenario 4: Student is changing from another status to F or J status

  The student must request and receive a new I-20 / DS-2019 for their new program.

  The student must then either depart before their current AUD expires (and re-enter the U.S. before starting their new program with their new document), or apply for a COS with USCIS using Form I-539 before their AUD expires.

• Students will be restricted in their ability to change their programs, transfer school, or start new degrees

• Prohibition on Changes to Academic Programs, Including Transfers

  - Students below the graduate level (undergraduate students) will not be able to change educational objectives (defined as changes to the major or degree level) until they have completed the first academic year of the program at the school that issued their initial I-20. In addition, they cannot transfer to another school until they have completed the first academic year at the school that issued their initial I-20 (unless they are granted an exception by the Student and Exchange Visitor Program due to extenuating circumstances)

  - Students at the graduate level (master's, doctoral, professional) will not be allowed to change educational objectives (defined as changes to the major or degree level) at any time during their program of study, with no exceptions. They also may not transfer to another school during their program of study unless SEVP grants an exception for extenuating circumstances.

  Restrictions on Eligibility to Enroll in New Degree Programs

  - Students who complete a program after September 15, 2026 will not be permitted to begin a new program at the same or a lower degree level status by remaining in the U.S. or re-entering from abroad. Students are permitted to start new programs at a higher degree level. Programs completed before September 15, 2026, do not count toward this limit.

  - Example: A student who completes a master's degree at the end of the Spring 2027 quarter will not be allowed to start a new master's degree at the same or at a different institution in the Fall 2027 quarter.

  Potential Delay in Implementation of These Restrictions

  While the above restrictions go into effect on September 15, 2026, the Department of Homeland Security has indicated it may choose to delay or suspend the implementation of these provisions for up to two years. Any delay will be announced by publication of a notice in the Federal Register. SISS will continue to monitor government announcements in the event the implementation of these regulations are delayed.

• F-1 students applying for post-completion OPT or STEM Extension OPT may also need to file an I-539 extension at the same time

• General Guidance for F-1 Students

  Under “duration of status” regulations, any F-1 student approved for post-completion OPT or STEM Extension OPT would also have their F-1 status extended. Approval for OPT or STEM Extension OPT also constituted an extension of the student's ability to stay in the U.S.

  Under fixed-time-period regulations, the OPT approval process does not automatically extend legal stay. Students will need to file two applications: one to request OPT authorization (using Form I-765), and another to request authorization to extend their legal stay (using Form I-539). Form I-539 must be approved before the student may engage in OPT.

  Exception for Students Applying for OPT Before March 18, 2027

  There is a limited exemption for F-1 students who were physically present in the U.S. on September 15, 2026, have a Form I-94 arrival record with an Admit Until Date (AUD) of “D/S”, and who intend to apply for post-completion or STEM Extension OPT before March 18, 2027. For these students, Form I-539 will not be required; the student only needs to file Form I-765. However, any students who leaves and re-enters the U.S. on or after September 15, 2026 will be readmitted the U.S. under the fixed time period rules, and will not be able to take advantage of this temporary exception waiving the Form I-539 requirement.

• Temporary On-Campus Work Authorization with Pending Extension Applications
• Working while an extension is pending: a student who files an extension application before their program end date may continue their current on-campus employment authorized as part of their program for up to 240 days while the application is pending, not to exceed their new I-20 Program End Date. Limited to 20 hours per week during required enrollment terms.
• General Guidance for J-1 Students

• Under a transition provision, a J-1 who files an extension within roughly the first six months after the rule takes effect may continue working through the end date on the DS-2019 filed with the application, no matter how long USCIS takes to process the extension application. 

  J-2 dependents working on an EAD receive no automatic extension — their work authorization ends when the EAD expires.

More Information

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