NEW RULE BELOW ON HOLD: A federal judge temporarily blocked implementation of this new rule late in the day on September 14, 2026, before the rule went into effect. More information will be provided as it becomes available.
F-1 & J-1 Rule Change FAQ
Effective September 15, 2026
This FAQ summarizes the Department of Homeland Security’s new rule affecting F-1 and J-1 nonimmigrants that becomes effective on September 15, 2026.
F-1 Extension of Stay Fact Sheet
Need a practical overview of the Form I-539 extension process? Our F-1 Extension of Stay Fact Sheet includes important filing reminders, a typical document checklist, current fee information, and links to official USCIS resources.
View the F-1 I-539 Extension Fact Sheet (PDF)Q: What additional resources can I view about this topic?
Q: What is a summary of the rule?
A: The new rule establishes fixed time periods of admission for F and J nonimmigrants, replacing the practice of issuing duration of status (D/S) on the I-94 card. The rule generally limits admission to F and J nonimmigrants to no more than four years. If additional time is needed to complete the program or seek practical training, an extension of stay application must be filed to extend your status. The rule also reduces the F-1 grace period from 60 days to 30 days and places limits on the ability to transfer schools, change programs or repeat educational levels.
Q: When is the new rule effective?
A: The new rule is effective September 15, 2026.
Q: What is a fixed time period of admission?
A: A fixed time period of admission means that F and J nonimmigrants will now be issued an I-94 with a specific expiration date on it. This fixed period of time is indicated by the Admit Unit Date (AUD) on the I-94. This practice will require F and J nonimmigrants to monitor their I-94 expiration date closely as it controls the amount of time they are authorized to be in the U.S., regardless of what expiration dates are contained on the visa, Form I-20, Form DS-2019, or an EAD card. It also means that if you stay in the U.S. beyond the expiration date of your I-94, you will be considered an overstay/unlawfully present.
Q: How much time can an F or J nonimmigrant get on their I-94 under the new rule?
A: After September 15, 2026, all F and J nonimmigrants admitted to the U.S., whether that is first time entries or prior F or J nonimmigrants returning to the U.S. after a trip abroad, may be admitted for a maximum period of up to 4 years or the length of the program specified on their Form I-20 or Form DS-2019, whichever is shorter, plus an additional 30 days after the program end date. F and J nonimmigrants may also be granted admission to the U.S. up to an additional 30 days prior to the program start date. In total an I-94 can be issued for a maximum period of 4 years plus 60 days, but in no case should the I-94 be issued beyond your program end date plus 30 days.
Q: Do F and J nonimmigrants still have a grace period at the end of their program?
A: Yes, but for F nonimmigrants, the grace period was shortened to match the grace period for J nonimmigrants, which is 30 days.
Q: Will my I-94 be issued with the grace period?
A: Yes, the new I-94 should be issued with the 30-day grace period timeframe on it. The grace period and the 30 days prior to the start of your program, however, should not count towards the 4-year maximum period of time F and J nonimmigrants are eligible to receive on their I-94.
Q: What happens when my fixed time period I-94 is going to expire?
A: If you intend to remain in F or J status, you will need to file an I-539 Application to Extend Nonimmigrant Status before the expiration of your I-94. You will need to be mindful, however, of the difference between your program end date and your 30-day grace period on your I-94 as certain rights may not carry forward if you file to extend your status during the 30-day grace period. Thus you will want to make sure the USCIS receives your application to extend before your program end date.
Q: Is filing an I-539 Application the only way to extend my nonimmigrant status?
A: No. The new rule allows you the option to travel to extend your status as well. If you do not have a currently valid visa you will first need to travel home to obtain one. You will need to present a new Form I-20 or Form DS-2019 with an extended program date to Customs and Border Protection (CBP) upon re-entry to the U.S. CBP has discretion to issue you an I-94 card with admission through the new program end date listed on the I-20 or DS-2019 Form, which is functionally the same as the USCIS approving your extension of status application.
Q: What Form is used to file to extend your F or J nonimmigrant status?
A: Currently, the Form I-539 Application to Extend Nonimmigrant Status is utilized to extend your F or J nonimmigrant status.
Q: Are F and J dependents impacted by the new rule?
A: Yes. Dependents will also receive a fixed period of admission, which may not exceed the authorized period of admission for the principal applicant.
Q: Do I have to extend the status of my dependents as well?
A: Yes, you must also file to extend the status of your F-2 or J-2 dependents. If you file an extension of stay, they can be included on the same I-539 Application. Be mindful, however, of any children approaching the age of 21 as they cannot hold dependent status after the age of 21 and any approval will be truncated to the date of their 21st birthday for all applicants in the same application, including the principal F or J applicant. Any child approaching age 21 should file a separate I-539 Application.
Q: What if I want to pursue Optional Practical Training (OPT) or STEM OPT?
A: If you have been issued an I-94 card with a fixed time period of admission, unless the OPT or STEM OPT period falls within the expiration date of your admission, you will need to file an I-539 Application to extend your nonimmigrant status along with an I-765 Application in order to obtain OPT. If you are eligible for STEM OPT, a second I-539 Application to further extend your nonimmigrant status would need to be filed along with a second I-765 Application to obtain STEM OPT. At this time it is not possible to extend your status to cover both the OPT and STEM OPT periods in one application at the same time.
Q: Does the new rule eliminate cap gap protection for F-1 students?
A: No. The same rules that govern cap gap protection will continue to be applied. F-1 students who are beneficiaries of timely filed H-1B cap-subject petitions will continue to be granted automatic extension of stay and employment authorization (if applicable), through April 1 of the relevant fiscal year or until the H-1B petition’s validity start date, whichever is earlier.
Q: Does the new rule provide cap gap protection for J nonimmigrants?
A: No, however, the rule does give the USCIS the authority to implement cap gap protection for J nonimmigrants in any fiscal year that they deem appropriate. This would have to be done each time through publication in the Federal Register.
Q: Are F and J nonimmigrants still eligible to use automatic visa validation to enter the U.S.?
A: Yes. The new rule did not change eligibility for F and J nonimmigrants to utilize the automatic visa revalidation requirements for travel of less than 30 days to a contiguous territory or adjacent island. It should be noted, however, that automatic visa revalidation can only be utilized when you have a currently valid I-94 and cannot be used as a mechanism to extend your F or J status with CBP.
Q: If I wish to obtain OPT, must I file both an I-539 Application and an I-765 Application?
A: Yes. The new rule requires you to file both an I-539 Application to extend your nonimmigrant status along with an I-765 Application in order to obtain OPT. If you are eligible for STEM OPT, another I-539 Application to extend your nonimmigrant status would need to be filed along with an I-765 Application to obtain STEM OPT.
Q: What start date can I request on my initial OPT request?
A: You cannot request a start date of OPT employment that is more than 30 days after your program end date
Q: If I request STEM OPT but my extension of status application is not approved before my OPT expires, am I eligible to work?
A: Yes. Those with a timely filed I-539 Application to extend F-1 status and an I-765 Application to obtain STEM OPT can still continue to work for up to 180 days after the expiration of their current OPT EAD. In order to utilize this auto extension of the EAD card, however, the I-539 Application and I-765 Application must be filed before entering your 30-day grace period.
Q: What documents do I need to submit to obtain an extension of my F status?
A: F-1 students will need to submit evidence of: (1) maintenance of status; (2) a new Form I-20 indicating the extension of the course of study or request for employment has been authorized by the Designated School Official (DSO); and (3) sufficient funds to cover expenses. Students must also not have engaged in any unauthorized employment in order to be eligible for an extension of status.
Q: Why do F-1 students need to show sufficient funds to be eligible for an extension of status?
A: Proof of sufficient funds is necessary to ensure that applicants have the financial means to support their education and related expenses without becoming a public charge or violating the terms of their status, such as by engaging in unauthorized employment. Sufficient funds may be proven through things such as, account statements, receipts of payment of tuition, letters from school accounts/records, or other financial documentation showing ability to pay expenses related your education.
Q: Is there a transition period for those F and J nonimmigrants that are already in the U.S.?
A: Yes. Those F and J nonimmigrants who are properly maintaining their F or J status in the U.S. as of September 15, 2026, are authorized to remain in the U.S. in F or J nonimmigrant status until the later of either: (1) the expiration date on an EAD card they currently possess or (2) the program end date noted on their Form I-20 or Form DS-2019. This period shall not exceed a period of 4 years from September 15, 2026, plus the grace period of 60 days for F nonimmigrants, which is November 14, 2030, and 30 days for J nonimmigrants, which is October 15, 2030. If any F or J nonimmigrant wishes to remain in the U.S. beyond the expiration date on their EAD card, Form I-20, or Form DS-2019, they must apply for an extension of status with USCIS, thereby obtaining a fixed period of admission I-94 card. Once a fixed period of admission I-94 card is received, you will be subject to the new rules.
Q: Do F-1 students in the transition period have to file an extension of status to obtain OPT or STEM OPT?
A: Maybe. F-1 students who timely file for OPT or STEM OPT before March 18, 2027 do not need to also file an I-539 Application to extend their status. They may continue filing just the I-765 Application to apply for their work authorization. After March 18, 2027, the USCIS may require both the I-539 Application and the I-765 Application to be filed.
Q: Which grace period applies to F-1 students in the transition period?
A: As long as you don’t extend your status or travel and subject yourself to the fixed period of admission, you will maintain the 60 day grace period at the conclusion of your F status.
Q: Do I qualify for the transition period until the conclusion of my F or J status?
A: No. If you were to travel and be re-admitted to the U.S. in F or J status after September 15, 2026 or if you want to extend your F or J program beyond what has been requested as of March 18, 2027, you will have to file to extend your status and thereby be subjected to the fixed period of admission.
Q: Can I travel while my extension of status is pending?
A: Yes, you can travel after you have filed to extend your F or J status. If you re-enter the U.S. within the validity period of your prior I-94 or prior program end date, you can choose to be issued an I-94 valid through the end of your prior program date, or you can request that your I-94 be extended to the date requested in your pending extension application and listed on your new I-20 or DS-2019 Form as the program end date. If you choose to request an extension at the border and are admitted through the new program end date, your extension of status application will be considered abandoned but any affiliated I-765 Application filings will not be considered abandoned.
Q: Which fields on the Form I-20 will control how long an F nonimmigrant is entitled to remain in the U.S.?
A: The USCIS and CBP will use the “Program Start/End Date” field on the Form I-20 to determine how long an F nonimmigrant can be admitted to the U.S.
Q: If my I-94 expiration date controls my status in the U.S., what happens if I finish my F or J program early?
A: If you complete your program early, your sponsor should shorten the program end date in SEVIS and you will have 30 days from the new program end date to depart the country or apply for an extension of status or change of status, regardless of the initial expiration date on the I-94.
Q: How is the expiration date on my OPT card determined?
A: If your I-765 Application is approved together with your I-539 Application to Extend Nonimmigrant Status, the expiration date on the I-539 Approval Notice will match the expiration date on your OPT card. If you travel while your I-539 Application is pending and CBP extends your I-94 at the border, the OPT card will be issued with an expiration date that matches your I-94 card.
Q: What happens if the USCIS denies my extension of status application?
A: If the USCIS denies the extension of status application, the F or J principal applicant and any accompanying dependents must depart the U.S. no later than their I-94 expiration date or immediately if that date has passed. The 30 day grace period does not apply in the event of a denial.
Q: Can I get more time to complete my F-1 academic program?
A: Yes, more time can be granted to complete your academic program if it meets one of the following criteria: (1) a compelling academic reason, such as a change of major or research topic, or unexpected research problems; (2) a documented illness or medical condition that is compelling, or (3) circumstances beyond the student's control such as a natural disaster, national health crisis, or the closure of an institution.
Q: Can F-1 students below the graduate level transfer to a new school or change majors/educational objectives?
A: Maybe. Only F-1 students who have completed their first academic year of a program of study or received an exception from the Student and Exchange Visitor Program (SEVP) for extenuating circumstances can change schools or majors.
Q: Can F-1 students at the graduate level or above transfer to a new school or change majors/educational objectives?
A: Maybe. F-1 students at the graduate school level or above can only change schools or majors if they have received an exception from SEVP for extenuating circumstances.
Q: What is an acceptable “extenuating circumstance” that would allow an F-1 student to transfer schools or change majors?
A: Extenuating circumstances include, but are not limited to, a school closure, a school’s prolonged inability to hold in-person classes due to a natural disaster, a student needing to complete elementary or secondary education,
Q: Can I get more than one degree at the same educational level?
A: No. An F-1 student who completes a program after September 15, 2026 at one educational level cannot complete another program at the same educational level or a lower educational level. If your educational program requires completion of more than one degree at the same educational level, you will want to speak with the Designated School Official (DSO) at your school to determine if an exception applies.
Q: What happens to Curricular Practical Training (CPT) during a timely filed extension of status application?
A: An F-1 student who has timely filed an extension of status application before the program end date will be able to continue engaging in CPT for up to 240 days while the extension of status is pending. If the extension of status application is filed during the 30 day grace period, you may continue studying but not engage in CPT.
Q: What happens to on-campus employment during a timely filed extension of status application?
A: An F-1 student who has timely filed an extension of status application before the program end date will be able to continue engaging in on-campus employment for up to 240 days while the extension of status is pending. If the extension of status application is filed during the 30 day grace period, you may continue studying but not engage in on-campus employment.
Q: What activities can a J-1 engage in during a timely filed extension of status application?
A: A J-1 nonimmigrant who has timely filed an extension of status application will be able to continue engaging in their program activities, including authorized employment, for up to 240 days while the extension of status is pending. If a J-1 files to extend their status prior to March 18, 2027, then they are authorized to continue engaging in their program activities, including authorized employment, until the program end date on the DS-2019.
Q: Can a J-2 continue to work while an extension of status application is pending?
A: No. Once the EAD card expires, a J-2 must wait until the I-539 Application and I-765 Application are approved before they can resume employment.
Q: Which fields on the Form DS-2019 will control how long a J nonimmigrant is entitled to remain in the U.S.?
A: The DS-2019 will be filled out in more detail by the Department of State (DOS) and Question #4 will include the full dates of the program. This is the field that will be used by USCIS and CBP to determine how long a J nonimmigrant can be admitted to the U.S. Question #3 on the Form DS-2019 will continue to show the contract end date but that date should not be the controlling date.
Q: Do J-1 nonimmigrants have any reporting obligations?
A: Yes. J-1 nonimmigrants are required to report any changes in their legal name or address within 10 calendar days from the date of the change.
Q: Will biometrics be required to extend the status of F and J nonimmigrants?
A: Maybe. The USCIS has reserved the right to collect biometrics on extensions filed by F and J nonimmigrants so it is likely that they will be required.
Q: Is Premium Processing available on the I-539 Application to Extend Nonimmigrant Status?
A: Not yet. As of right now, the USCIS does not allow Premium Processing to be used for an extension of stay for an F or J nonimmigrant. It is currently only available for a change of status to F or J and for standalone I-765 Applications requesting OPT or STEM OPT. The USCIS will update its website if it were to make Premium Processing available for extensions of F and J status so check back there for the most up to date information.
Q: Could implementation of parts of the new rule get delayed?
A: Yes. The new rule grants the Department of Homeland Security (DHS) authority to delay implementation of the requirement to file to extend F or J status via the filing of an I-539 Application beyond March 18, 2027 if it places notice in the Federal Register.
Q: Is there a separate maximum period of admission for F-1 English language training programs?
A: Yes. English language training programs are restricted to a maximum period of admission of 24 months.
Q: Is there a separate maximum period of admission for F-1 students attending a public high school/charter school?
A: Yes. Public high school programs are restricted to a maximum period of admission of 12 months.
Helpful Hints: What does this mean for you?
Q: Should I request OPT or STEM OPT before the new rule applies to me?
A: Yes. If you are statutorily within the period to request OPT or a STEM extension, you should make that request prior to March 18, 2027.
Q: What if I want to repeat an educational level or make changes to my educational program?
A: These types of changes are still possible until the new rule goes into effect so make sure they are completed before September 15, 2026.
Q: Do I need an updated Form I-20 or Form DS-2019 to travel?
A: Yes, you always need to request a new I-20 or DS-2019 prior to traveling so that your I-94 will be issued for the correct amount of time.
Q: Will my passport expiration date impact my I-94 expiration date?
A: Possibly. You do need to be mindful of the passport expiration dates of all members of your family before traveling or filing an extension of status. Government agencies always have discretion to shorten an I-94 expiration date if the passport is not valid for 6 months beyond the intended period of stay. So even if your Form I-20 has a program end date four years into the future, CBP or USCIS do not have to grant that much time if your passport expires sooner. They will frequently shorten your I-94 to match the date of your passport expiration. If your I-94 is shortened in this scenario, it is not considered a mistake and is not fixable at deferred inspection. You would be required to file another extension of status or travel again once the passport has been updated.
Q: How far in advance should I file an I-539 Application to Extend Nonimmigrant Status?
A: Given the lengthy adjudication times at USCIS currently and the lack of Premium Processing as an option, it is recommended that you file your extension as early as possible, i.e. up to 6 months prior to the expiration date of your I-94 or program end date.
Q: Is the new rule likely to have any negative impact on employers and F and J nonimmigrants?
A: Yes, the new rule may result in (1) additional filing fees or travel fees to extend status; (2) potential processing delays and work authorization disruptions; (3) longer planning timelines that require more frequent immigration compliance tracking; (4) additional vetting and background review with greater risk of extension of status denials.
Q: What can employers do to prepare for the changes under the new rule?
A: There are a few compliance items that employers can review in preparation for the new rule: (1) determine how to best to track I-94 expiration dates along with EAD dates; (2) ensure employees are timely filing extensions of status applications when necessary, i.e. six months prior to the I-94 expiration date or program end date; (3) understand which transition rules apply to each F or J employee to document what options are available, including meeting the March 18, 2027 deadline for EAD Applications; (4) verify compliance timelines, such as I-9, to ensure their internal systems are tracking of I-94 dates for F and J nonimmigrants; (5) track the 240 day timeline for extension of status filings; and (6) evaluate applicants working on full-time CPT to determine if they will be able to continue.
Q: Where can we find more information about the new rule and its changes?
A: The SEVP has created an
informational page
along with
Frequently Asked Questions
where you can read more about the rule.
