Final Rule on Fixed Period of Stay and Program Changes
Last Updated: August 26, 2026
On July 17, 2026, the U.S. government published changes regarding international students’ length of stay in the U.S. and limits on program changes, which will change how F and J students and scholars maintain their status and extend their period of stay in the U.S. These changes will be effective on September 15, 2026.
Join us for an Immigration Insights session to learn more about the final rule and how it will impact you. Students will also have an opportunity to ask questions. The session will be held on Thursday, August 27, 11:45am-12:45pm on Zoom.
ISSS created this webpage to provide immediate information and address common questions about these changes. These changes pose various implications and we are waiting for government guidance on how some changes will be implemented. We will be providing more details as it becomes available.
A lawsuit challenging this rule was filed by a group of organizations on August 18, 2026. If the lawsuit is successful, the changes could be postponed, modified or completely eliminated. A successful outcome is not guaranteed, so students should still plan for these changes to take effect on September 15, 2026. Please review our office’s communication and website regularly to receive the latest information.
We strongly encourage students and scholars to refer to our office or a qualified U.S. immigration attorney for advice. For any questions not addressed by this webpage, please reach out to your ISSS advisor or your immigration attorney.
Key Changes
All F and J students and dependents will be given a fixed authorized period of stay in the U.S. This is currently noted as “D/S” on the Admit Until Date (AUD) on the I-94 arrival record. The new AUD will be a student's I-20/DS-2019 program end date or valid OPT/STEM OPT end date, not to exceed 4 years, plus the grace period.
If additional time beyond the AUD is needed for study or practical training in the U.S., there are two options to extend the period of stay: file the I-539 Extension of Stay (EOS) application with the U.S. Citizenship and Immigration Services agency (USCIS), or depart and re-enter the U.S.
The F grace period after program or OPT/STEM OPT completion will be shortened to 30 days (previously 60 days). This means F students will have less time to apply for Optional Practical Training (OPT), enroll in another program, change their status, or depart the U.S. after completing their degree. The J grace period remains the same (30 days).
There are transition provisions for F students who are present in the U.S. before September 15, 2026 and remain in the U.S., they will still be able to remain in the U.S. until their I-20/DS-2019 end date or valid OPT/STEM OPT end date, plus 60 days, not to exceed November 14, 2030. In other words, F students who remain in the U.S. on or after September 15 will keep their 60 day grace period unless they travel and reenter the U.S. These students will also not need to file an Extension of Stay application to extend their period of stay to engage in post-completion training if they are submitting their I-765 Application on or before March 18, 2027.
Undergraduate students will not be able to change their educational objectives or transfer to another school within their first year of study without an exception from SEVP. Graduate students will not be able to change their educational objectives or transfer at any point during their study. SEVP may authorize an exception for transfers due to extenuating circumstances. Educational objectives in the final rule are generally defined as majors or educational levels.
The standards for extenuating circumstances are expected to be extremely narrow and rare. Examples of extenuating circumstances that were provided by the government include school closure or a school's prolonged inability to hold in-person classes due to a natural disaster or other cause. The school will need to request an exemption from SEVP on behalf of the student, and more details about this process and timing is needed.
There are also stricter requirements for SEVIS transfers. To be eligible for a SEVIS Transfer, students cannot be placed on academic probation or school suspension. The student also cannot have a pattern of behavior demonstrating a repeated inability or unwillingness to complete his or her course of study.
Students who have completed a degree as an F-1 student after the effective date will not be able to pursue a second degree at the same or lower educational level as the first degree.
Determining and Extending your Period of Stay
Starting Sept. 15, 2026, all F and J students and their dependents will have an Admit Until Date (AUD) that reflects a fixed period of stay. While students who remain in the U.S. should still have an I-94 admission record that shows their AUD as “D/S”, students who re-enter the U.S. starting from the effective date will have an AUD date that reflects the end date on their I-20 or DS-2019 plus their 30-day grace period. Regardless of what is shown on the I-94, all students will have a fixed period of stay and will need to apply to extend their stay if they need to stay in the U.S. longer.
The I-20/DS-2019 program end date, international travel plans, and passport end date will impact the Admit Until Date (AUD) granted by the U.S. government. Below are some examples of how the AUD can be determined based on common situations and transition provisions, but students will need to check their I-94 to confirm their AUD.
Scenario 1: A student entering the U.S. or starting a degree program in the U.S. after Sept. 15, 2026. Fixed Date Calculation: Program End Date listed on the I-20 or DS-2019 plus 30 days
- Karla starts her 4-year Bachelor’s degree program in the U.S. in Spring 2027. Her I-20 program start date is January 25, 2027 and the end date is December 13, 2030. After Karla enters the U.S., the AUD on her I-94 is listed as January 12, 2031. This date matches the program end date listed on her I-20 or DS-2019, Dec. 13, 2030, plus a 30-day grace period.
Scenario 2: An F-1 student starting a degree program in the U.S. before Sept. 15, 2026 and does not engage in international travel. Fixed Date Calculation: Program End Date listed on the I-20 or DS-2019 plus 60 days
- Sandeep started his one-year Master’s degree program at USF in Fall 2026. The program start date on his I-20 is August 21, 2026 and the program end date on his I-20 is May 22, 2027. Sandeep entered the U.S. on August 8, 2026 and the AUD on his I-94 is “D/S”. Starting Sept. 15, 2026, Sandeep will now have a fixed period of stay with a new AUD date of July 21, 2027 even though it may not change on his I-94. This date matches the program end date on his I-20, May 22, 2027, plus a 60-day grace period. Sandeep will keep the 60-day grace period as long as he remains in the U.S. starting on September 15, 2026
Scenario 3: A F-1 student entering the U.S. to start a five-year program after Sept. 15, 2026. Fixed Date Calculation: Four years from Program Start Date on the I-20 plus 30 days
- Nene is starting her five-year Doctorate’s degree program at USF in Spring 2027. The program start date on her I-20 is January 21, 2027 and the program end date is December 31, 2031. Nene’s AUD on her I-94 should be February 20, 2031. The period of stay is maxed at four years from the program start date plus the 30-day grace period.
Important Note: If your passport expires BEFORE your I-20 or DS-2019 program end date (or four years), this may cause your AUD to be shortened based on the passport expiration date. F-2 and J-2 Dependents may have a different authorized period of stay as their F-1 and J-1 primary after international travel and should check their I-94 to confirm the authorized period of stay.
Program Extension
- While international students are expected to complete their degree in the time specified on their I-20 or DS-2019, if additional time to complete your program is needed and a program extension is recommended by ISSS, the student must also extend their period of stay to remain in the U.S.
- View our Change in Program webpage for more information on Program Extension.
A fixed period of stay shorter than the full program length
- The fixed period of stay cannot be longer than four years. Students in degree programs with a full program length longer than four years will need to extend their period of stay to obtain a new Admit Until Date (AUD) for the remainder of the time of their program.
Applying for Post-Completion OPT, STEM OPT Extension, or Academic Training
- Students applying for work authorization benefits to start after completing their program will need to extend their stay.
- This does not apply to Pre-Completion OPT or Academic Training authorization that takes place before program completion.
- See the F and J Employment section for more details.
Starting a New Program
Students who are eligible for a SEVIS Transfer or matriculating to a higher degree level e.g., Bachelor’s -> Master’s, may need to extend their stay if they cannot complete the new program before their current period of stay ends.
There are two ways to extend a period of stay, if eligible.
- Submit the Form I-539 Extension of Stay (EOS) application with USCIS
- Students can request an extension of their fixed period of stay by submitting the Form I-539 Extension of Stay (EOS) with USCIS. The I-539 EOS application must be submitted to USCIS no later than the student’s current fixed period of stay/Admit Until Date (AUD), and should include the updated I-20 or DS-2019 indicating the new end date. USCIS recommends that students submit the I-539 EOS application at least 45 days, but generally not more than 6 months, before your stay expires. ISSS is developing resources to assist students with this application. In the meantime, you can review the preview of the new USCIS I-539 form and new I-539 instructions that can be used starting September 15.
- Travel
- Instead of filing a Form I-539 EOS with USCIS, students can choose to depart the U.S. and seek admission at a U.S. port of entry. A student re-admitted to the U.S. will be given an updated AUD on their I-94 to reflect their new program end date or post-completion training end date, plus a 30-day grace period.
Important Note: F-2 and J-2 Dependents must also extend their period of stay. This can be done with the F-1 or J-1 primary sponsor or separately, but the dependent’s period of stay cannot be longer than that of their F-1 or J-1 primary.
F and J Employment
These new changes do not change F and J work benefits, but the new I-539 Extension of Stay (EOS) process affects whether enrolled students may continue working while an I-539 EOS application is pending. There are no changes to post-completion practical training eligibility (OPT or STEM OPT); however, international travel and the transition provisions will impact the timing and forms needed for the USCIS application process.
- Students who file an I-539 Extension of Stay (EOS) before their initial program end date may generally continue authorized on-campus employment, Curricular Practical Training (CPT), or Severe Economic Hardship (SEH) employment for up to 240 days while the I-539 application is pending.
- Example: A student expected to graduate in May 2027 needs a program extension until December 2027. The student is recommended for a program extension by ISSS and the student files an I-539 EOS application before the May 2027 I-20 end date. This student may continue on-campus employment for up to 240 days while the application is pending.
- Students who file an I-539 Extension of Stay (EOS) during the grace period after completing their program must stop all employment while the I-539 EOS application is pending. They may resume employment only after USCIS approves the extension.
- Example: A student expected to graduate in spring learns they must retake a course in fall and needs a program extension. They filed their I-539 EOS application after their I-20 end date, so they must stop all employment while the application is pending.
OPT eligibility and the earliest submission date for the I-765 OPT application has not changed. However, international travel could impact the grace period, which impacts the latest post-completion OPT requested start date and I-765 OPT application submission date. Depending on when a student travels and submits the I-765 OPT application, they may need to extend their period of stay in the U.S.
Remaining in the U.S., on or after September 15 AND submitting I-765 OPT on or before March 17, 2027
- Students will keep the 60-day grace period, and will need to choose an OPT start date and submit their I-765 OPT before the 60-day grace period ends.
- An extension of stay is not needed, but the period of stay can be no later than November 14, 2030.
- Example: A student with a May 23, 2027 program end date remains in the U.S. and keeps the 60-day grace period. The student submits the I-765 OPT application on March 1, 2027 and does not need to extend their stay.
Remaining in the U.S., on or after September 15 AND submitting I-765 OPT after March 17, 2027
- Students will keep the 60-day grace period, and will need to choose an OPT start date and submit their I-765 OPT before the 60-day grace period ends.
- If the period of stay will expire before the OPT end date, extension of stay is needed. Students who want to file an I-539 EOS application can file it concurrently with their I-765 OPT application, or choose to depart and re-enter the U.S.
- Example: A student with a May 20, 2028 program end date remains in the U.S. and keeps the 60-day grace period. The student submits the I-765 OPT application on March 1, 2028, and needs to extend their stay for OPT.
Entering the U.S., on or after September 15
- Students will get a 30-day grace period, and will need to choose an OPT start date and submit their I-765 OPT before the end of the 30-day grace period.
- If the period of stay will expire before the OPT end date, extension of stay is needed. Students who want to file an I-539 EOS application can file it concurrently with their I-765 OPT application, or choose to depart and re-enter the U.S.
- Example: A student with a May 23, 2027 program end date goes home for winter break and re-enters the U.S. on January 2, 2027. The student is given a 30-day grace period and applies for OPT on March 1, 2027. The student will need to extend their stay.
STEM OPT eligibility has not changed and the 180-day work extension for a pending STEM OPT application is still available. However, students may need to extend their period of stay in the U.S. for their STEM OPT period depending on their international travel plans and I-765 STEM OPT application submission date.
Remaining in the U.S., on or after September 15 AND submitting I-765 STEM OPT on or before March 17, 2027
- No extension of stay is needed to engage in STEM OPT.
- Example: A student with a May 23, 2027 OPT end date remains in the U.S. and keeps the 60-day grace period. The student submits the I-765 STEM OPT application on March 1, 2027 and does not need to extend their stay.
Remaining in the U.S., on or after September 15 AND submitting I-765 STEM OPT on or before March 17, 2027
- Students keep the 60-day grace period but extension of stay is needed to engage in STEM OPT.
- Example: A student with a May 20, 2028 OPT end date remains in the U.S. and keeps the 60-day grace period. The student submits the I-765 OPT application on March 1 2028, and needs to extend their stay for OPT.
Entering the U.S., on or after September 15
- Students keep the 30-day grace period and extension of stay is needed to engage in STEM OPT.
- Example: A student with a May 23, 2027 OPT end date goes home for winter break and re-enters the U.S. on January 2, 2027. The student is given a 30-day grace period and applies for STEM OPT on March 1, 2027. The student will need to extend their stay for STEM OPT.
There are no changes to Academic Training (AT) benefits, but students approved for post-completion AT will need to extend their stay to remain in the U.S. and engage in AT.
- J-1 students still need to apply for AT at least 30 days before the program end date listed on their DS-2019.
- J-1 students who timely file an I-539 Extension of Stay (EOS) to extend their J-1 visa status may continue authorized AT for 240-days while an EOS application is pending with USCIS
- Example: A J-1 student in our Jesuit Education Exchange Program (JEEP) for one semester has a DS-2019 end date of December 18, 2026. The student is approved for 4 months of Academic Training after completing their program. The student applies for an extension of stay before their current Admit Until Date (AUD) of January 17, 2027 and may work until April 18, 2027 while their EOS application is pending. Their new AUD would be the end date of their AT as listed on their DS-2019 plus 30 days.
Changing Programs, SEVIS Transfers, and Pursuing a Second Degree
It is important to choose your program and school carefully given the reduction of the F grace period and restrictions on program changes, SEVIS Transfers and pursuing a second degree. If a student is eligible to change their program and additional time is needed to complete the new program, their stay will need to be extended by filing the Extension of Stay with USCIS or departing and re-entering the U.S.
- Undergraduate students will need to complete one academic year before changing majors, educational levels, or transferring to another school. An exception from SEVP may be granted in extenuating circumstances. Changes to minors should not be impacted.
- Graduate students will not be able to change their programs, educational level, or transfer to another school at any point during their study. Transfers may be allowed with an exception from SEVP.
- Undergraduate and graduate students can pursue a higher degree at USF via a Change in Education Level, or a second program at another school via a SEVIS Transfer. Both of these processes will need to be completed before the end of a student’s grace period.
- The second degree cannot be the same or lower educational level as the first degree if the first degree was completed after September 15, 2026 and in F-1 status.
- For example, if a student completes a master’s degree in F-1 status in Fall 2026, the student can only enroll in a doctorate program for their second degree and they need to complete the Change in Educational Level or SEVIS Transfer process before the 30-day or 60-day grace period ends. The student will also need to extend their period of stay.
International Travel
The final rule does not restrict international travel for international students during their studies or post-completion practical training. Re-entry after international travel will provide students with a new period of stay, which will be reflected on the I-94 Arrival Record. F students who re-enter the U.S. starting September 15 will be given the new 30-day grace period and won’t be eligible for the transition provisions. (See the OPT and STEM OPT section for more information about how traveling may impact the OPT application timeline).
- Ensure you have valid travel documents
- Assess your individual risks by reviewing ISSS travel guidance
- It is recommended to possess a passport that is valid beyond your program or OPT/STEM OPT end date before re-entering the U.S. The period of stay can be shortened to the passport expiration date.
- Obtain your I-94 Arrival Record as soon as possible. The I-94 Arrival Record can take up to ten days to be updated.
- Review the Admit Until Date (AUD) listed on your I-94. That is your authorized period of stay and you will need to ensure you depart the U.S. or extend your stay before that date.
- If there appears to be a mistake on your I-94, contact your ISSS advisor.
Frequently Asked Questions
ISSS can provide documentation and information to support students who need to extend their travel or submit an Extension of Stay application. We are gathering information about the timing and documents needed for this process, and we will be updating our website and resources. Most students are able to file this application on their own, but students with status violations, encounters with law enforcement, visa revocations, or other complex situations should seek advice from their ISSS advisor and potentially consult an immigration attorney before submitting the application. ISSS can provide a list of immigration attorneys upon request.
Students could begin to accrue unlawful presence if one does not depart or file for extension of stay in a timely manner, so it is important to take action before your authorized period of stay expires. Unlawful presence in the United States can have serious consequences such as an entry bar, ineligibility for visa, admissions or adjustment of status, without a waiver.
Resources
- The Final Rule on the Federal Register
- Student and Exchange Program (SEVP) Quick Facts and Frequently Asked Questions
- International Student and Resource Center
- The President’s Alliance D/S Litigation Page
ISSS strives to keep up to date with changes in law and policy, but the information ISSS provides is not guaranteed to be current or complete. Information provided by ISSS should never replace consultation with informed legal counsel when specific immigration-related guidance is needed.