DHS Final Rule
Overview of new DHS Rule: Establishing a fixed time period of admission and extension of stay
The information provided on this page is a summary of the key changes outlined in this new rule. Students and Scholars should consult with their ISSS advisor and/or their own immigration attorney regarding their personal and unique situation.
Please note: ISSS will update individual website pages that cover specific topics related to this rule. However, updates may take time as ISSS continues to review and analyze the rule and monitor the outcome of ongoing litigation.
Overview
On July 17, 2026, the U.S. Department of Homeland Security published a final rule eliminating the “duration of status” admission period for F and J nonimmigrants and replacing it with a fixed Admit Until Date (AUD) not to exceed four years. Anyone who needs to stay beyond the AUD needs to take action to extend their stay which is subject to approval by U.S. Citizenship and Immigration Services (USCIS) and/or Customs and Border Protection (CBP).
Prior to the new rule, F and J students and scholars were admitted into the U.S. for “duration of status”, meaning they were allowed to remain in the U.S. for the duration of time needed to complete their program and extensions of stay were processed by the ISSS office.
The rule also limits students’ ability to change educational objectives and limits transfers between institutions. Additionally, the rule shortens the F-1 grace period from 60 days to 30 days.
Effective Date The rule was previously scheduled to take effect Sept. 15, 2026. However, on Sept. 14, 2026, a judge in the U.S. District Court for the District of Massachusetts issued a preliminary injunction preventing the rule from taking effect on Sept. 15. Litigation remains ongoing, and we will continue to monitor developments and provide updates on this page as they become available.
Who is impacted by this rule?
This rule applies to F-1 students, J-1 students, J-1 scholars, as well as F-2 and J-2 dependents.
Effective Date
The rule is currently scheduled to take effect Sept. 15, 2026, but that date could change based on litigation. We will update this page if the date changes.
Fixed Period of Admission: Determining your Admit until Date (AUD)
On the effective date of the rule, all F-1 students, J-1 students, J-1 scholars, and F-2 and J-2 dependents will be assigned a fixed expiration date, known as the Admit Until Date. Students and scholars (and dependents) will need to determine their Admit Until Date and take timely action to apply for an extension of stay (EOS), travel, or depart the United States before the authorized period of stay expires.
For current students and scholars in F-1 or J-1 status (along with dependents in F-2 or J-2 status), your Admit Until Date will be as follows:
- If you enter or re-enter the U.S. on or after the rule goes into effect on Sept. 15, 2026, your Form I-94 (your official U.S. arrival/departure record) will show a specific end date called an Admit Until Date (AUD). It will be calculated based on the end date on your Form I-20, Form DS-2019, or (for students on post-completion OPT/STEM OPT) your Employment Authorization Document (EAD), not to exceed four years, plus a 30-day grace period.
- If your last entry into the U.S. was before Sept. 15, 2026, then your Form I-94 will still show D/S. Although you will not receive a new Form I-94 on the effective date, you will still be assigned an Admit Until Date. To calculate your Admit Until Date, look at your Form I-20, Form DS-2019, or (for students on post-completion OPT/STEM OPT) your EAD end date. Your Admit Until Date will be until your Form I-20/DS-2019/EAD expires or Sept. 15, 2030, whichever date is earlier, plus a grace period (60 days for F-1 students, 30 days for J-1 students/scholars).
Important:
- The rule establishes a maximum period of stay, but it does not require all degree programs to be completed within four years. This is particularly important for PhD students, whose programs often take longer to complete. Students who need additional time may be eligible to extend their stay and continue their studies. The available extension of stay options are explained in the Extension of Stay Process section below.
- For J-1 scholars, this new rule also does not change the five year maximum participation period for the some categories. Eligible scholars who require additional time may be able to extend their participation and continue their program, depending on their category and circumstances. Available extension options are explained in the Extension of Stay Process section below.
Applications for Post-Completion OPT
Currently enrolled F-1 students who are completing their program this academic year and are planning to apply for OPT can take advantage of transition provisions. The transition provisions allow students to apply for Post Completion OPT without filing an extension of stay application if:
- They remain in the U.S. on or after September 15, 2026
- They file their application for OPT within 6 months of the rule effective date (before approximately March 18, 2027).
If a student either travels internationally after September 15, 2026 or files their OPT application after March 18, 2027 they will be required to also submit an extension of stay application along with their OPT application to USCIS.
Limits on changes to educational objectives and F-1 transfers
The new rule places restrictions on changes to academic objectives and transfers for F-1 students. These new restrictions will vary based on a student’s educational level.
F-1 Undergraduate Students
Undergraduate students will no longer be allowed to change their major, secondary major and/or minor during their first academic year at UNC. The academic year is generally defined as a fall and spring semester. In addition, they will not be permitted to transfer to another U.S. institution during their first academic year.
F-1 Graduate/Professional Students
Graduate and Professional students will not be able to change their field of study or their level of study at any time during their program. In addition, they will not be permitted to transfer to another U.S. institution.
All F-1 Students: Changing Level of Study
Students will be allowed to enroll in a higher degree level after the completion of a program of study. However, students may not enroll in a lower degree level or the same degree level after completing their program (example: moving from a master’s program to a bachelor’s program OR moving from a bachelor’s program to another bachelor’s program).
F-1 Grace Period
F-1 students who enter or re-enter the United States on or after September 15, 2026, will have a 30-day grace period. Those whose most recent entry occurred on or before September 14, 2026, will retain a 60-day grace period unless they extend their Admit Until Date through an extension of stay (EOS) or travel and re-enter the United States. In either case, their grace period will then change to 30 days.
Extension of Stay Process
Students and scholars needing additional time beyond their AUD to complete their program will have to take action to extend their stay using one of the options outlined below. We recommend that students and scholars begin the extension process well in advance of their AUD. USCIS processing times can be lengthy, and gaps in your status can have serious consequences.
Option 1: Filing an Extension of Stay application with USCIS
You may request an extension of stay by filing an application with U.S. Citizenship and Immigration Services (USCIS). Under the new rule, requesting an extension of stay will require a two-step process
- STEP ONE: Request a program extension on the Form I-20 or DS-2019 through ISSS
- STEP TWO: File an extension of stay application with USCIS after receiving the updated I-20 or DS-2019.
Note: J-1 Scholars should contact their Hosting Unit, as only Hosting Unit Contacts can request and submit J-1 Exchange Visitor Update Requests in the ISSS Portal.
ISSS will continue to evaluate requests for program extensions based on the regulatory requirements. Additional review will be conducted by USCIS when adjudicating the extension of stay application.
Please note that an extension of stay application filed with USCIS is a personal application. As a result, ISSS cannot provide individualized advice or guidance on preparing or submitting the application. Students and scholars who need assistance are encouraged to consult an immigration attorney.
Pending EOS applications
Students or Scholars who file the extension of stay prior to the program end date noted on their Form I-20 or DS-2019 will be allowed a 240-day period to continue their program activities, including employment.
If the application is filed during the grace period, F-1 students will be allowed to continue studying up to 240 days but will not be allowed to continue any employment, either on or off campus.
Option 2: Travel and re-enter the U.S.
Alternatively, the second option to extend your stay would be to obtain a new Form I-20 or DS-2019 from ISSS with a program extension and then travel and re-enter the U.S. with a valid visa stamp and receive an updated Form I-94.
It is important to note that students and scholars who choose to travel should carefully review all of their immigration documents, including their passport. The expiration date on the passport can affect the AUD provided on the Form I-94. For example, if the passport expires prior to the program end date on the I-20 or DS-2019, the AUD will be the passport expiration date instead of the I-20 or DS-2019 end date.
Students and scholars should also ensure that they have a valid visa stamp for re-entry and take the appropriate action to renew their visa, if needed.
It is recommended that you discuss your personal situation and which option would work best for you with your own immigration attorney.
Dependents
This rule will also affect dependents in F-2 or J-2 status. Dependents will need to file an extension of stay application or travel along with the primary F-1 or J-1 visa holder. The AUD for a dependent cannot go beyond the AUD for the primary visa holder.
Webinars
ISSS hosted two Zoom sessions tailored to F-1 and J-1 Students and one for J-1 Scholars. These are available for viewing in our Canvas sites. See the links below to access the Canvas sites and view the recording.
Individual Advising
Please view one of our webinar recordings first, as it addresses the most common questions. If you still have questions afterward, F-1 and J-1 students should contact their ISSS Student Advisor and J-1 scholars should submit a Questions for ISSS e-form for assistance.