Overview 

Effective September 15, 2026, the Department of Homeland Security has issued a new rule eliminating ‘duration of status’ (D/S) and introducing restrictions on academic mobility.

Starting September 15, F and J  students will be admitted to the U.S. based on their I-20 or DS-2019 program end date, not to exceed 4 years, thus requiring students to file an 'extension of stay' application with USCIS if they need additional time to complete their programs and apply for OPT/STEM OPT. This rule change also introduces harsher restrictions on academic flow and mobility, especially for graduate students.

NOTE: This rule change provides for a transition period for students currently in D/S planning to finish their programs and apply for OPT, but only if students remain in the U.S. and there is no transition period for academic changes. 

Two major changes:

1. Changes the Authorized Period of Stay from 'Duration of Status' (D/S) to a Fixed 'Admit Until' Date (AUD)

• Effective September 15 2026, CBP will now admit F and J students to the US with a fixed 'admit until" date (AUD) based on their I-20 or DS-2019 program end date, but not to exceed 4 years + 30-day grace period. This replaces the longstanding policy of admitting students in 'duration of status' (D/S) - a flexible, no-date-certain authorized period of stay framework through which schools have internally managed the status of F and J students. 
   
• The 4 year maximum AUD does not mean a student must complete their program in 4 years, but it does now restrict their authorized period of stay in the US and requires that they take action to extend their authorized period of stay or leave the US and re-enter.
   
• F-1 students will now have to file a formal 'extension of stay' application + pay a fee to U.S. Citizenship and Immigration Services (USCIS) to extend their fixed AUD in order to complete a program, apply for practical training, transfer, or change programs.
   
• The 60-day grace period after completion of a program will be shortened to 30 days, impacting the timeline to apply for practical training, transfer or change programs.

2. Imposes Restrictions on Academic Mobility for F Students (only)

Effective September 15, 2026, F-1 students are limited in their options to make academic and educational changes while in the US. The rule change does not apply for J-1 degree-seeking students.

Restrictions on transfers and change of educational objectives

• Undergraduate students:
  • may not transfer, change major or change educational level during their first academic year, unless SEVP approves "extenuating circumstances' exception.
  • may not transfer to another institution if disqualified, suspended or expelled from UO and must depart the U.S. and re-enter on a new SEVIS I-20 to begin a new program.
• Graduate students:
  • may not change major or educational level "at any point during their program of study', with no exceptions. This restriction does not lift after one academic year the way it does for undergraduates. Exceptions are limited to SEVP-approved extenuating circumstances that may include, but are not limited to, a school closure or a school’s prolonged inability to hold in-person classes due to a natural disaster or other cause.
  • may not transfer unless SEVP SEVP approves "extenuating circumstances' exception.
  • may not transfer to another institution if dismissed, suspended or expelled from their program and must depart the U.S. and re-enter on a new SEVIS I-20 or DS-2019 to begin a new program.

No lateral or reverse matriculation

• F-1 students can no longer begin or transfer to another program at a lower educational level. F-1 students may begin or transfer to a new program at a higher educational level. 

Transition Period for Students in D/S

The rule allows for a transition period for F-1 and J-1 students in the US in 'duration of status' (D/S) on September 15, 2026. If a student leaves and re-enters the U.S. after September 15, 2026, the transition rules below do not apply.

• There is no transition period for F-1 students in the US with regard to academic mobility. See #2 above.
   
• For F-1 students in the US on September 15, 2026 with an I-94 showing D/S:
  • May remain in the U.S. in D/S until their I-20 program end date (including any authorized OPT or STEM OPT valid on September 15, 2026), but not to exceed November 14, 2030 (four years + 60-day grace period). 
     
  • May apply for OPT or STEM OPT extension on or before March 18, 2027 without having to file an 'extension of stay' application with USCIS. Eligibility and filing deadlines for OPT and STEM OPT still apply.
     
  • Must apply for an 'extension of stay' with USCIS if they need additional time beyond their I-20 program end date or November 14, 2030, whichever comes first, including beginning a new program of study or requesting post-completion OPT. Alternatively, a student may leave and seek readmission to the U.S. for a new program of study. 
     
• For J-1 students in the US on September 15, 2026 with an I-94 showing D/S: 
  • May remain in the U.S. in D/S until their DS-2019 program end date (including authorized Academic Training valid on September 15, 2026), but not to exceed November 14, 2030 (four years plus a 60-day grace period). 
     
  • May apply for Academic Training on or before March 18, 2027 without having to file an 'extension of stay' application with USCIS.
     
  • Must apply for an 'extension of stay' with USCIS if they need additional time beyond their DS-2019 program end date or October 14, 2030 (includes 30-day grace period), whichever comes first, including beginning a new program of study or requesting post-completion Academic Training. Alternatively, a student may travel and seek readmission with a new fixed period of admission.

For F-1 students who are beneficiaries of a timely filed cap-subject H-1B petition and who are eligible for a “cap-gap” extension: 

• Do not need to apply for an 'extension of stay' with USCIS and may remain in the U.S. in F-1 status until the approval of the H-1B petition or April 1 of the fiscal year for which H1-B status is being requested, whichever comes first.

Transition OPT Examples:

1. An F-1 student timely files for OPT or STEM OPT within 6 months of September 15 (on or before March 18, 2027) and remains in the U.S.

Only needs to submit I-765 to request work authorization from USCIS and does not need to file I-539 for an extension of stay. Once OPT or STEM OPT work authorization is approved, student is authorized to remain in the U.S. until authorized employment end date plus 60 days legacy grace period.

2. An F-1 student travels outside the U.S. before filing OPT or STEM OPT I-765, is readmitted with fixed AUD based on I-20 program end date, then files for OPT.

   Must file both I-765 to request work authorization and I-539 to request an extension of AUD to cover the additional OPT or STEM OPT authorized period of stay.

3. An F-1 student timely files for OPT or STEM OPT on or before March 18, 2027 but departs U.S. while I-765 is pending.

   If student re-enters U.S. while OPT is pending, CBP can readmit until DSO's recommended OPT end date show on the OPT I-20, plus 30 days. If student re-enters U.S. after OPT is approved, CBP can readmit until OPT end date shown on EAD, plus 30 days.

Review of Important Documents and Dates

Visa: this is the sticker in your foreign passport issued by a US embassy or consulate used to request admission to the U.S. The visa validity end date on the visa sticker is the date your visa is valid to request admission to the U.S. The validity date has nothing to do with the I-20, DS-2019 or I-94 end dates.

I-20 or DS-2019: these are the documents issued by UO to apply for an F-1 or J-1 visa, and serve as evidence of maintaining F-1 or J-1 status while in the U.S. The program end date on the I-20 or DS-2019 is the expected end date your program of study or research. This date can be extended or shortened.

I-94: this is the document issued by US Customs and Border Protection (CBP) verifying your date of admission to the U.S. and your legal status while in the U.S. The admit until date (AUD) is a nonimmigrant’s maximum period of admission to the U.S. and is the last day a nonimmigrant is authorized to stay in the U.S. F students cannot remain lawfully present in the U.S. beyond their AUD and must depart the U.S., file an 'extension of stay' (EOS) with USCIS, or take other action to maintain status before their AUD expires.

Extension of Stay Process 

F and J students admitted to the US with an I-94 fixed 'admit until date' (AUD) and/or after the transition period will have to file an 'extension of stay' (EOS) application with USCIS to extend their authorized period of stay to do any of the following:

• Complete a Ph.D. program that requires more time than 4 years;
• Complete any educational, research, or teaching programs that require more time than 4 years;
• Complete any program where a student falls a few credits short of graduation requirements;
• Engage in post-completion Optional Practical Training (OPT) or academic training;
• Move to a higher level of study;
• Transition from an English language program into a degree program; or
• Transfer to a new school or program sponsor.

Overview of Process

See Filing Guide: Extension of Stay for detailed guidance.

1. Schedule an appointment with an ISSS advisor to discuss your plans and understand your options. To schedule an appointment, call 541-346-3206.  
2. If you are advised to file an EOS, submit an online Form I-539 (Application to Extend/Change Nonimmigrant Status) with payment ($420) to USCIS. Premium processing currently not available.

Considerations

• Lengthy processing times. Students will need to know their I-20 and DS-2019 program end date as well as the I-94 fixed AUD and start the EOS process at least 180 days before the documents expire.
• Biometrics. Students will be required to submit biometrics and may be required to appear for an interview. 
• Financials. Students will be required to provide evidence of sufficient financial resources/funding for the additional time period will be required, and an EOS could be denied if funding is deemed insufficient. 
• Screening. USCIS will screen for fraudulant documents, national security, social media activity, and violations of non-immigrant intent such as not having any intention of returning to their home country. 
• Decision authority. ISSS' role changes to only recommending an extension in SEVIS; the decision to extend is now at the discretion of a USCIS adjudicator (effective September 15, 2026). 
• Legitimate academic reasons. Extensions are intended for legitimate academic/medical delays. Delays from academic probation, suspension, repeated course failure, or unwillingness to progress may not be acceptable grounds for an EOS. 

Denials

If USCIS denies an extension application, you should first inform ISSS.  It would probably be advisable to consult with an immigration attorney as well, about other options that might be available to you.  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 may subject you to the accrual of unlawful presence.  This could result in you being barred from coming back to the U.S. for a certain number of years. (https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence…)  

Study and Employment with Pending EOS

Students can generally continue their studies while EOS is pending, but be careful about authorization to work - please check with an ISSS advisor.

Students who timely file an EOS application before their I-94 fixed AUD expires, including before the start of the 30-day departure period, may continue on-campus employment, off-campus employment due to severe economic hardship and curricular practical training for up to 240 days while the application is pending. However, students who file an EOS during the 30-day departure period must stop all employment while the EOS is pending and may only resume work if the extension is approved. 

Alternative to Filing an EOS

Instead of filing an EOS with USCIS, students have the option of leaving the U.S. and re-entering with a valid I-20 or DS-2019, valid visa and valid passport to be re-admitted with an updated fixed AUD, unless you are from a country currently on a travel ban list. 

OPT and STEM OPT

With respect to whether OPT continues while an EOS application is pending, the rule does not provide for automatic extension of post-completion OPT employment authorization during the pendency of an EOS application. Students may begin or continue OPT employment only after both the EOS and employment authorization applications are approved, unless they qualify for transition relief or unless the F-1 students began their OPT as pre-completion OPT and still have time left after completion of their program.

However, for those participating in STEM OPT, the current regulations are not changing. Those with a pending STEM OPT EAD application can continue to work up to 180 days after the expiration of their current EAD. 

Eligibility and filing deadlines for OPT and STEM OPT still apply.

F-2 Dependents

F-2 status remains derivative of the F-1 principal's status and admission period. If the F-1 principal needs an EOS, dependents generally need to be included in or file a parallel EOS to stay in status.

Unlawful Presence & Compliance Risk

For students and scholars admitted to the U.S. with a fixed end date on their I-94, can no longer remain in the U.S. past the I-94 fixed end date without having filed a timely EOS or change of status. If a student or scholar does not file a timely EOS or change of status application with USCIS before the I-94 fixed end date, they start accruing unlawful presence immediately. This is a much more date-driven trigger than the old "failure to maintain status" determination under D/S. A timely-filed EOS or change of status application pauses this risk during adjudication; a late or denied EOS does not.Students should not remain in the United States with a terminated or completed SEVIS record beyond their allowed departure period. Under this final rule, students who remain in the U.S. beyond a fixed time period generally will begin accruing unlawful presence. Calculation of accrual of unlawful presence resulting from the elimination of D/S under this rule will not be applied retroactively but for those with completed programs and therefore expired I-20, unlawful presence will be begin to accrue on September 15, 2026 unless they have applied for reinstatement, a change or status, or an EAD for OPT or STEM OPT before the effective date of the rule.In addition, this rule includes a transition period for F and J students who are currently on D/S, and it allows students to remain lawfully in the United States while an EOS is pending. Unlawful presence will start to accrue for those on D/S when the nonimmigrant fails to comply with the terms of their F or nonimmigrant category, or when they fail to transition to admission under a fixed period of time within the time allotted.Reinstatement of legal status remains available but is framed by DHS as an exceptional remedy, not a routine safety net. Students and scholars should treat reinstatement as a last resort, not a planning assumption.

Resources

Study in the States Frequently Asked Questions

Contact ISSS:

Office: Oregon Hall, 3rd floor (in the Division of Global Engagement)

Phone: 541-346-3206

Email: intl@uoregon.edu (students) ischolar@uoregon.edu (scholars)