Final DHS Rule on Duration of Status

The rule is final as of July 17, 2026. The effective date of the rule is currently set for September 15, 2026. No provisions of the rule will be implemented before this date.

The rule affects:

• F-1 academic students
• F-2 dependents
• J-1 exchange visitors
• J-2 dependents
• Representatives of foreign information media (I visa holders)

(UC does not sponsor I visa representatives.)

From “duration of status” to a fixed period of admission

Under the current rules, F-1 students and their dependents are admitted to the U.S. for “duration of status”, or “D/S”, which means they can remain in the U.S. while the F-1 student is pursuing a full course of study or engaging in any post-completion practical training work authorization. Duration of status also includes a 60-day departure period at the end of the program of study or authorized practical training. The duration of status is listed on Form I-94, which is issued by USCIS or U.S. Customs and Border Protection (CBP). Under the new rule, DHS is replacing duration of status (D/S) with a fixed period of admission called the Admit Until Date (AUD). The AUD will be listed on Form I-94 and generally will be the earlier of:

• the program end date on the Form I-20 or DS-2019, or
• four years from admission (or two years where applicable)

Arrival and departure periods

Under the current rule, F-1 students and J-1 exchange visitors can enter the U.S. up to 30 days before the program start date. The new rule does not change this. Under the current rule, F-1 students receive a 60-day departure period (“grace period”) following completion of the program or practical training and J-1 exchange visitors receive a 30-day departure period. The new rule reduces the F-1 departure period to 30 days.

Extension beyond Form I-94 expiration date

Currently, F-1 students and J-1 exchange visitors admitted for duration of status can contact UC International Services to extend their program, change programs, or engage in practical training without having to file for an extension of stay with USCIS. UC International Services authorizes program extensions and changes in programs by issuing an updated Form I-20 or DS-2019.

Under the new rule, and updated Form I-20 or DS-2019 from the school is no longer sufficient. Instead, if the program of study or practical training will continue beyond the Form I-94 expiration date, then the F-1 student and J-1 exchange visitor must file an application for an extension of stay with USCIS or depart the U.S. and re-enter with an extended Form I-20 or DS-2019. Students and scholars will need to obtain a new Form I-20 or DS-2019 from UC International Services prior to applying to USCIS for an extension of stay or departing the U.S. To apply for an extension of stay, the applicant must submit Form I-539, Application to Extend /Change Nonimmigrant Status (herein referred to as EOS), with USCIS. The form is available on the USCIS website. Students admitted for a period that already covers the next authorized activity would not need to file an EOS simply because they are changing programs or applying for OPT.

Dependents

The new rule also applies to spouses and children on F-2 and J-2 nonimmigrant status. In addition, the new rule also states that extensions granted to family members must be for the same period of time. This means that the shortest period given to any one family member will be given to all family members who apply together.

There are other changes regarding academic objectives and student mobility that are addressed in other parts of this FAQ.

If you were already in the United States in valid F-1 or J-1 status when the rule becomes effective, your existing Form I-94 will continue to show duration of status (D/S) rather than an Admit Until Date (AUD). Under the transition provisions, you may generally remain in the United States until the earlier of:

• the program end date on your Form I-20 or Form DS-2019, or
• four years from the rule's effective date (September 15, 2030), plus a 60-day grace period for F-1s (November 14, 20230) or a 30-day grace period for J-1s (October 15, 20230), two years, if you are subject to the two-year admission period (November 14, 2028, including grace period).

If you need additional time to complete your academic program beyond your authorized period of stay, you must first obtain an updated Form I-20 or DS-2019 from UC International Services and then file Form I-539 with USCIS. Alternatively, you may depart the United States and seek readmission using your updated Form I-20 or DS-2019, subject to inspection and approval by CBP.

If you depart and re-enter the United States on or after the rule's effective date, you will generally receive a new Form I-94 showing a fixed Admit Until Date (AUD) rather than Duration of Status (D/S). As a result, you will be subject to the new rules, including the 30-day departure period and EOS requirements.

Each time you travel you must download your new Form I-94 and carry it with you at all times while in the U.S. You should also upload it to UC International Services using the Update Immigration/Visa Document eform in our ibearcatsglobal system. It is the responsibility of the F-1 or J-1 nonimmigrant to monitor their Form I-94 expiration date and take any steps necessary to maintain valid status, including filing an EOS application or depart the U.S. by the expiration date.

Under the new rules, you may need to apply for an EOS (Form I-539) if your Admit Until Date will expire before you complete an activity that is permitted under your F-1 or J-1 status. Common situations include:

• Your Form I-20/DS-2019 will expire before you complete your program.
• You complete one degree level and begin a higher degree level (for example, a bachelor's degree followed by a master's degree).
• You transfer to another SEVP-certified school, and your current period of admission will expire before you complete the new program.
• You apply for post-completion Optional Practical Training (OPT) and your period of admission does not extend through the OPT period.
• You apply for the 24-month STEM OPT extension and your current period of admission does not extend through the STEM OPT period.

F-1 students and J-1 exchange visitors and their dependents should apply well before the expiration of their current admission period. Form I-539 EOS applications can be filed up to six months before the current period of admission expires.

Because many Form I-539 EOS applications will be filed together with OPT or STEM OPT applications (Form I-765), we recommend beginning the process approximately 90 days before your current admission expires (90 days in advance is the earliest you can file for OPT). Filing early reduces the risk of falling out of status if USCIS processing is delayed. You must file before your grace period ends but filing prior to the end date on your Form I-20 or DS-2019 will ensure continued work authorization in some cases.

To apply for an extension of your F-1 or J-1 status, you would need to first apply to UC International Services for an extended Form I-20 or DS-2019 by filing the appropriate e-form in our iBearcatsGlobal system (I-20 Extension of Program; 12-Month OPT Request; 24-Month OPT Request, etc.). There are two options to extend your stay:

1. Submit Form I-539 to USCIS with the signed Form I-20 or DS-2019 and other supporting documents and USCIS filing fee (current filing fees can be found on the USCIS website), or
2. Depart the U.S. and re-enter using the extended Form I-20 or DS-2019. To do this, you need to have a valid F or J visa in your passport and not be subject to a travel ban or restriction.

Yes. If USCIS receives a properly filed EOS application before your current admission period expires, you may generally remain in the United States while the application is pending.

No. Premium processing is not currently available for EOS applications. EOS applications must be submitted using the standard USCIS processing procedures. Students should file well in advance of their admission expiration date to allow sufficient time for adjudication (but not more than 6 months in advance).

Valid reasons for receiving approval for an EOS can include medical or academic reasons, or delays in program completion due to a natural disaster. USCIS may apply stricter standards and use its own discretion when determining if a program extension is warranted. The rule emphasizes that USCIS should be the governing agency in determining eligibility for a legal status extension, and they can use agency discretion to determine if an extension is warranted.

Any failure to maintain status could result in a denial by USCIS. Generally, if the delays in program completion are shown to be due to poor academic performance, failing classes, or otherwise failing to make normal academic progress, USCIS can deny an extension request. If the student is deemed to have exceeded the normal time period for a given academic program, an extension also might be denied. Proof of sufficient financial resources for the additional period of study will also be required, and an application could be denied if funding is deemed insufficient. Violations of U.S. laws outside of immigration rules could also be considered by USCIS, as could possible fraud issues, and violations of required non-immigrant intent - which requires F and J visa holders to maintain the intention of returning to their home country.

If USCIS denies an extension application, you should inform UC International Services. It is also advisable to consult with an immigration attorney as well. With a notice of denial, your lawful status in the U.S. would end, and you would not be allowed the normal grace period to depart the U.S. Remaining in the U.S. following an extension denial would be a serious violation of immigration regulations and you would begin to accrue unlawful presence. This could result in you being barred from coming back to the U.S. for three to ten years. See the USCIS discussion on unlawful presence.

F-1 students who are in the U.S. on the effective date, have a Form I-94 for duration of status, and already timely filed an application for employment authorization (Form I-765) with USCIS based on post-completion optional practical training (OPT) or STEM OPT may remain in the U.S. while the application is pending and they are not required to file an EOS application. If the Employment Authorization Document (EAD) is approved, the F-1 student’s status is extended until the EAD expiration date plus the 60-day departure period. If the EAD is denied, the F-1 student’s status ends on the program end date or four years from the effective date of the rule plus the 60-day departure period.

F-1 students with applications for employment authorization based on other types of employment, such as pre-completion OPT or economic hardship, may remain in the U.S.  through the program end date plus the 60-day departure period.

F-1 students who timely file Form I-765, Application for Employment Authorization, based on post-completion OPT or STEM OPT on or before March 18, 2027, are not required to file Form I-539 for the requested OPT or STEM OPT period. But if the student travels abroad after the effective date and re-enters the U.S. before applying for OPT or STEM OPT, then the student will need to file both an EOS (Form I-539) and Form I-765.

Beginning March 19, 2027, F-1 students applying for post-completion OPT or STEM OPT EAD (Form I-765) must also apply for an EOS if their period of admission will end before the EAD end date.

The final rule expressly allows DHS to extend the period in which a Form I-539 EOS application is not required to be filed. DHS can extend this period in six-month increments by publishing a notice in the Federal Register.

Students remaining in the United States without international travel will continue to benefit from the transition provisions until those provisions no longer apply.

Not if you completed the degree after September 15, 2026. According to the new rule, after completing a degree, F and J students are only permitted to move to a higher degree level. Pursuing another degree at the same or lower level is not allowed. However, if you completed your degree before September 15, 2026, the new restriction on pursuing another degree at the same academic level does not apply to that degree. As a result, you may begin a second degree at the same level provided you otherwise qualify for F-1 status and meet all admission requirements. This situation will most commonly arise for students who completed a degree before September 15, 2026, and later seek another degree at the same level after completing OPT or STEM OPT, although the same principle applies regardless of whether they remain in the United States or apply for a new period of F-1 admission later.

It depends on whether changing concentrations changes your reported field of study in SEVIS. The major UC reports in SEVIS is based on the CIP code assigned to your subplan in Catalyst. Because SEVIS identifies the student's field of study using the CIP code, DHS could interpret a change in reported CIP code as a change in educational objective, although the rule does not expressly say this. Until DHS provides additional guidance, the conservative approach would be not to change concentrations if your CIP code changes.

The new rule does not expressly address whether a graduate F-1 student may be admitted to two separate master's degree programs and pursue them concurrently. However, the better reading of the rule is that this generally would not be permitted unless the two degrees together constitute a single integrated educational objective for which the student was admitted.

The rule requires graduate students to be admitted for the educational objective identified on their Form I-20 and generally prohibits changing that educational objective before it is completed. Although the rule does not prohibit officially established dual-degree programs, it consistently refers to a single educational objective rather than multiple concurrent educational objectives.

The University of Cincinnati does offer several dual degree programs, and the student is admitted to that combined program from the outset. In this case, the dual-degree program can reasonably be viewed as a single educational objective and pursuing both degrees would generally be consistent with the rule.

By contrast, if a student is separately admitted to two independent master's degree programs that are not part of an established dual-degree curriculum, the student would appear to have two distinct educational objectives. The new regulations do not provide an exception allowing graduate students to pursue multiple independent educational objectives simultaneously, making it unlikely that concurrent enrollment in two separate master's programs would be permissible.

Because the regulations do not specifically address this scenario, additional guidance from SEVP may be needed to confirm how integrated dual-degree programs and concurrent graduate enrollments should be documented in SEVIS.

This situation most commonly occurs when a doctoral student earns a master's degree after completing part of the doctoral curriculum. Several UC programs do this, and it’s generally referred to as receiving an en route master's degree. You are awarded the degree while enrollment continues toward the Ph.D. Some programs also offer a terminal master's degree for students who leave the doctoral program before completing the doctorate.

Under the new regulations, a doctoral student generally may not discontinue the doctoral program and instead treat the master's degree as the final educational objective while remaining in F-1 status. Because this would represent a change from a higher educational objective (doctoral) to a lower educational objective (master's), it does not appear to be permitted under the new regulatory framework. In this situation, your F-1 record could not be updated to a master’s degree, and you could not pursue Optional Practical Training (OPT) based on the master’s degree. In such cases, you need to notify UC International Services and either depart the United States, or apply to change to a different nonimmigrant status if eligible.

By contrast, a doctoral student may earn an en route master's degree while remaining enrolled in and continuing to pursue the Ph.D. Because the student's educational objective remains the doctorate, accepting the master's degree does not constitute a change to a lower educational objective and should not, by itself, affect the student's F-1 status.

Under the new F-1 fixed-period admission rules, integrated bachelor's/master's programs such as ACCEND present a unique situation because they combine two educational levels into a single academic program. The final DHS rule does not specifically address ACCEND or similar concurrent degree programs.

The new rules establish fixed periods of admission tied to the academic program listed on Form I-20 and generally limit a student's ability to obtain an Extension of Stay to pursue a new program at the same or lower educational level after completing the program for which they were admitted. An ACCEND student is different because the bachelor's and master's degrees are completed as part of one integrated academic program rather than as two separate programs pursued sequentially.

Until DHS issues additional guidance, UC intends to issue Form I-20 for ACCEND students as follows:

• Education Level: Bachelor's
• Major 1: Undergraduate major
• Major 2: Graduate major
• Program End Date: Completion of the integrated curriculum
• Remarks: Student is enrolled in an approved integrated bachelor's/master's (ACCEND) curriculum.

Practical training eligibility will generally be administered based on the bachelor's education level reflected on the Form I-20 unless future DHS guidance provides otherwise.

For students admitted under the new fixed-period admission system, if completion of the ACCEND program extends beyond the Admit Until Date (AUD) indicated on the student's Form I-94, the student will generally need to file Form I-539 to request an EOS before the current period of admission expires.

DHS did not establish a formal hierarchy of degree levels. UC International Services will generally interpret educational levels as follows:

Associate Degree < Bachelor's Degree < Master's Degree < Doctoral (PhD, EdD, JD, PharmD, MD) < No higher academic degree exists 

The new regulations significantly restrict these options. Undergraduate students generally may not transfer to another school or change their academic program during their first academic year unless SEVP approves an exception based on extenuating circumstances.

Graduate students generally must complete the educational objective (i.e. the educational level) for which they were admitted before transferring to another school or changing to a different educational objective. As a result, transfers and program changes that were previously common at the graduate level are generally no longer permitted while pursuing the degree, unless SEVP authorizes an exception.

Closure or loss of SEVP certification by the current school, discontinuation of a program of study by the current school, or a campus closing as a result of a natural disaster are a few circumstances that might qualify as extenuating circumstances.

Generally, no. Under the new regulations, graduate F-1 students may not transfer to another SEVP-certified school before completing the educational objective for which they were admitted. The regulations do not provide an exception simply because a faculty advisor changes institutions, even if transferring would allow the student to continue the same research. Unless DHS or SEVP grants an applicable exception or issues future guidance allowing such transfers, you would generally be expected to complete your degree at your current institution before enrolling in a new graduate program elsewhere.

Probably yes. The new regulations prohibit undergraduate F-1 students from changing their educational objective (such as their major) during their first academic year of study. Because you completed your first academic year of study before transferring to UC, you have likely satisfied that restriction. Therefore, declaring a major after transferring would generally be permissible, assuming you otherwise remain in valid F-1 status. However, because the final rule does not specifically address students who transfer with an undecided major, DHS or SEVP may issue additional guidance. Students should consult UC International Services before making any change to their major or educational objective.

You may request that your SEVIS record be transferred to your new institution at any time. The transfer release date is typically scheduled for the day after your current semester ends, although another date may be selected based on your individual circumstances. Under current SEVIS functionality, your new institution cannot issue a transfer Form I-20 until the transfer release date is reached. Once your SEVIS record is released, your new institution can issue your transfer Form I-20.

If you must apply for an EOS under the new rules, you should file Form I-539 after receiving your new Form I-20 and before your current period of admission expires.

If your EOS application is timely filed, you may begin studying at your new institution while it is pending and may continue any otherwise authorized on-campus employment for up to 240 days, provided you remain otherwise eligible.

Because the timing of the SEVIS transfer and the EOS application are closely connected, you should work with both UC International Services and your new institution well before the end of your current program to ensure there is sufficient time to complete each step.

DHS has not specifically addressed this situation in the final rule. Based on current practice, shortening the end date on your Form I-20 or DS-2019 would not automatically update the Admit Until Date (AUD) shown on your existing Form I-94. Unless you leave the United States and are issued a new Form I-94 upon re-entry, your Form I-94 would likely continue to reflect the previously authorized admission period.

However, you should not assume that the later Admit Until Date (AUD) allows you to remain in the United States beyond the shortened program end date. Your immigration status is tied to maintaining the terms of your program, and future immigration benefits—such as an Extension of Stay or Optional Practical Training (OPT), if otherwise eligible—would be based on your current Form I-20 or DS-2019 end date.

No. When USCIS approves your EOS application, it will issue you a Form I-797 Notice of Action. Your new Form I-94 will be included as part of the approval notice (at the bottom of the Form I-797). This USCIS-issued Form I-94 becomes the official record of your new period of authorized stay and your updated Admit Until Date (AUD).

Because USCIS does not update CBP's online Form I-94 system when it approves an EOS, the electronic I-94 available on the CBP website will generally continue to display the I-94 from your most recent admission to the United States. You should keep your Form I-797 Notice of Action in a safe place, as it serves as evidence of your updated Form I-94 and authorized stay until you next depart and reenter the United States. We recommend that you carry a copy of Form I-94 with you at all times.

You must also provide UC International Services with a copy of your Form I-797 Notice of Action by submitting the Update Immigration/Visa Documents eForm in the iBearcatsGlobal system.

Program completion ends eligibility to continue in F-1 or J-1, even if your I-20 or DS-2019 expiration date has not been reached. If you complete your academic program before the expiration date on your Form I-20 or D-2019, you enter your applicable grace period. Under the new rule, students admitted for a fixed period generally have a 30-day grace period following program completion. Students who remain subject to the previous duration of status (D/S) rules generally have a 60-day grace period. Before the end of your applicable grace period, you must take one of the following actions:

• Apply for Optional Practical Training (OPT), if eligible.
• Apply for an Extension of Stay to begin a new academic program, if eligible.
• Apply to change to another nonimmigrant status, if eligible.
• Depart the United States.

Yes, for up to 240 days, provided your Form I-539 was received by USCIS before your academic program end date as listed on your I-20 or DS-2019. This applies to on-campus work, CPT, pre-completion OPT and Severe Economic Hardship employment. Students who apply for an extension of stay during the 30-day departure period cannot work while the EOS is pending.

To work on the 12-month OPT period you must have the EAD card issued by USCIS based on filing Form I-765. It is unclear from the rule if you can begin work if you have the EAD card, but the I-539 extension of stay is still pending. When filing for the 24-month STEM OPT extension, you can continue working for up to 180 days based on the Form I-765 receipt notice.

Your passport should remain valid throughout your stay in the United States. If your passport expires before the end of your authorized admission period, you should renew it through your country's embassy or consulate as soon as possible.

Under the new rule, the expiration of your passport does not automatically shorten the validity of your Form I-94 if you have already been admitted for a fixed period. However, maintaining a valid passport is a condition of maintaining F-1 or J-1 status, and failing to renew your passport could affect your ability to remain in status or obtain future immigration benefits.

In addition, U.S. Customs and Border Protection (CBP) has the discretion at the time of admission to limit your authorized period of stay to your passport expiration date rather than the expiration date that would otherwise apply under the admission rules. For this reason, you should ensure that your passport is valid for the entire period of your intended stay before traveling to the United States when possible.

Your period of authorized stay is determined by the Admit Until Date (AUD) on your most current Form I-94—not by the expiration date of your visa stamp.

After every admission to the United States, download and review your electronic Form I-94 to confirm that your Admit Until Date is correct. If USCIS later approves an EOS while you remain in the United States, your new Form I-94 will be included with your Form I-797 Notice of Action. That USCIS-issued Form I-94 becomes your current record of authorized stay until you next depart and are readmitted to the United States.

Each time you are admitted to the United States, upload a copy of your electronic Form I-94 to UC International Services by submitting the Update Immigration/Visa Documents eForm in the iBearcatsGlobal system. If USCIS approves an EOS, upload a copy of your Form I-797 Notice of Action, which includes your new Form I-94.

You must download your electronic Form I-94 from the CBP I-94 website.

Dependent status holders (F-2 and J-2) will need to file for extensions as well. Dependents, in general, will need to be included in Form I-539 extension filings with the principal F-1 or J-1. However, there may be individual circumstances (i.e. a child aging out) that may require some dependents to file separate EOS applications.

If the F-1 or J-1 principal decides to travel to obtain an extension, the dependents will need to travel as well or file a separate Form I-539 to extend their stay prior to their current Admit Until Date (AUD). Families will need to be diligent in monitoring expirations dates of all family members when extensions are filed or family members travel. It is ultimately the student’s responsibility to ensure dependents apply for extensions or travel timely. Consult with an immigration attorney when needed.

ESL students are limited to a total ESL academic program of two years inclusive of any holiday breaks. Students will not be eligible for an extension of an ESL program beyond two years.