DHS Final Rule: Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure

The final rule affects most international students with F-1 status, as well as international students and scholars on campus with J-1 status, by introducing fixed-date admission to the U.S. for these nonimmigrant categories. Additionally, the final rule fundamentally changes how F-1 international students may begin, progress, and transfer between programs.

Specific changes that impact UIC’s international community include:

• Fixed-date admissions to the U.S. Instead of being admitted for Duration of Status (D/S), individuals applying for admission in either F or J status (F-1 students, F-2 dependents, J-1 exchange visitors, and J-2 dependents) will be admitted with a fixed Admit Until Date (AUD), recorded on the F or J nonimmigrant’s Form I-94, that would be limited to the program end date noted on their Form I-20 or DS-2019, not to exceed 4 years, plus a 30-day grace period following their program end date. (Note the reduction of the F-1 grace period from 60 to 30 days.)
• Formal I-539 extension of stay process with USCIS. Previously, F and J nonimmigrants who needed additional time to complete their program objectives requested a program extension directly from their host institution (e.g., UIC’s Office of International Services). The final rule requires individuals who need time beyond their period of admission for whatever reason (e.g., academic or research delays, change in academic objective, use of post-completion practical training or academic training) to timely file a complete Form I-539 extension of stay application with U.S. Citizenship and Immigration Services (USCIS), including fee, biometrics, and possible interview, after and in addition to completing the program extension request with their host institution.
• Cap on ESL duration of admission. Students admitted to English language training programs (e.g., UIC Tutorium and certain UIC Global pathway programs) are limited to 24 months of study.
• Restrictions on transfers and changes of educational objectives. Students below the graduate level are barred from changing their major or transferring schools for one academic year. Graduate students are completely barred from changing programs, and school transfers are only allowed when approved by the Student and Exchange Visitor Program (SEVP) on a case-by-case basis under specific circumstances.
• Prohibition on lateral or reverse matriculation. F-1 students who complete a program are barred from starting another program at the same or lower education level (e.g., a student who completes a master’s degree could only go on to pursue a doctoral degree or higher).

For a high-level summary of the final rule from the U.S. Department of Homeland Security’s perspective, visit Study in the States’ Quick Facts webpage.

The final rule takes effect on Sept. 15, 2026. There is a possibility that congressional review and/or legal action could delay the effective date; however, the current expert consensus is that the likelihood of delay is low. Any change to the effective date will be communicated promptly.

The final rule eliminates Duration of Status (D/S) admission and replaces it with an Admit Until Date (AUD) for both F and J visa holders. However, many of the elements included in the final rule that restrict academic mobility for F visa holders are already in place for J visa holders. Therefore, the language in the final rule and supporting resources that describe the academic restrictions refers only to F visa holders.

Individuals applying for admission to the U.S. or changing to F or J status on or after the effective date will be given an Admit Until Date (AUD) and be subject to the full requirements of the new rule. Please see the Study in the States F-1 FAQs section “Understanding the Admit Until Date (AUD)” for more details.

Individuals who are already admitted for Duration of Status (D/S) and are physically present in the U.S. on the rule’s effective date will be included in a transition period. It is important to note that this is not a grandfather clause but rather a subset of rules that outline how individuals will transition from D/S to AUD. Please see the Study in the States F-1 FAQs section “Transition Period” for more details.

The Admit Until Date (AUD) is a nonimmigrant’s maximum period of admission to the U.S. and the last date a nonimmigrant is authorized to remain in the country in that particular status. Nonimmigrants must depart the U.S. or take action to maintain status before the AUD expires.

The AUD is recorded on a non-immigrant’s Form I-94, which can generally be downloaded from the Form I-94 website.

Please see the Study in the States F-1 FAQs section “Understanding the Admit Until Date (AUD)” for more details.

Extension of Stay (EOS) refers to the process by which nonimmigrants apply to U.S. Citizenship and Immigration Services (USCIS) for additional time to remain in the U.S. in a particular status. Applicants must timely file Form I-539, “Application to Extend/Change Nonimmigrant Status,” pay the required fee, and provide required biometrics.

Previously, F and J nonimmigrants were not required to file an EOS application with USCIS. Instead, they requested a program extension directly from their hosting institution (e.g., UIC’s Office of International Services) when additional time was needed to complete their program or, in the case of J-1 students, to participate in academic training (AT). Program extensions generally required the F-1 or J-1 visa holder to present documentation to justify the academic or programmatic basis for the extension, the new program end date, and updated evidence of financial support.

Moving forward, the final rule requires F and J nonimmigrants to apply for an EOS with USCIS in addition to obtaining a program extension from their host institution. In addition, F-1 students will now need to file an EOS when beginning a new program or study or engaging in post-completion optional practical training (OPT) or STEM OPT.

Please see the Study in the States F-1 FAQs section “Extensions of Stay (EOS) for F Students” for more details.

Possibly. F and J nonimmigrants may attempt to obtain a new Authorized Until Date (AUD) by departing the U.S. and reentering through a port of entry using a valid visa and an updated Student and Exchange Visitor Information System (SEVIS) record and supporting documentation. U.S. Customs and Border Protection (CBP) would then decide whether to grant additional time and issue a new I-94.

The final rule introduces new restrictions on academic mobility for F-1 students, and it distinguishes between those studying at the graduate level and those studying below the graduate level. It is still unclear how the restrictions apply to certain educational levels and programs not specifically noted in the final rule, but here is what is currently known:

• F students enrolled below the graduate level (e.g., undergraduates) cannot change their major, change their education level, or transfer schools during their first year of study.
• F students enrolled at the graduate level or above cannot change their major, change their education level, or transfer schools at any point during their program of study.
• F students of all education levels who complete a program of study are prohibited from enrolling in a new program at the same education level or below.
• The Student and Exchange Visitor Program (SEVP) may authorize an exception to the transfer restrictions under extenuating circumstances.

Please see the Study in the States F-1 FAQ section, “Maintaining Status for F Students,” for more details.

If you are currently in the U.S., or plan to return before the final rule’ effective date, you should be admitted under Duration of Status (D/S) and be included in the transition period provisions.

However, the transition period provisions should not be understood as a grandfather clause. While you will not need to immediately apply for a date-certain I-94, you will need to apply for an Extension of Stay (EOS) in order to remain in status beyond the program end date on your current Form I-20/DS-2019 or OPT EAD, or four years from the final rule effective date, whichever is shorter. Also, new academic restrictions introduced by the final rule will apply in varied ways.

Travel outside the U.S. and reentry after the final rule’s effective date will result in an I-94 with a date-specific AUD that includes a 30-day grace period, effectively removing you from the transition period provisions.

F-1 students planning to apply for post-completion OPT in fall 2026 or early spring 2027 should understand how holding D/S versus AUD and the timing of their OPT application impacts their need to file an EOS in conjunction with their OPT application.

Please see the Transition Period sections on Study in the States Final Rule Quick Facts and FAQs webpages for more details.

Like continuing international students, if you are currently in the U.S. or plan to return before the final rule’s effective date, you should be admitted under Duration of Status (D/S) and included in the transition period provisions. This means that you will be allowed to remain in the U.S. without applying for an Extension of Stay (EOS) up to the end of your post-completion optional practical training (OPT) or STEM OPT that is valid on the final rule’s effective date.

Travel outside the U.S. and reentry after the final rule’s effective date will result in an I-94 with a date-specific Admit Until Date (AUD) that includes a 30-day grace period, effectively removing you from the transition period provisions.

F-1 students planning to apply for STEM OPT in fall 2026 or early spring 2027 should understand how holding D/S versus AUD and the timing of their STEM OPT application impacts their need to file an EOS in conjunction with their STEM OPT application.

F-1 students who are beneficiaries of a “cap-gap” extension do not need to file an EOS and may remain in the U.S. in F-1 status until the approval of the H-1B or April 1 of the fiscal year for which the H-1B status is being requested, whichever comes first.

Please see the Study in the States Quick Facts section, “Transition Period” for more details.

Those arriving before the final rule’s effective date should be admitted under Duration of Status (D/S) and be included in the transition period provisions. (See the “Transition Period” sections on Study in the States Final Rule Quick Facts and FAQs webpages for more details.) Those arriving after the final rule’s effective date will be admitted with a date-specific Admit Until Date (AUD) on their Form I-94.

In most cases, new international students should expect to file an Extension of Stay (EOS) application with U.S. Citizenship and Immigration Services (USCIS), including a fee, if additional time is needed to complete the program of study, begin a new program of study, or participate in F-1 post-completion optional practical training (OPT) or J-1 academic training (AT).

Both categories of students will be subject to the final rule’s new restrictions on F-1 student academic mobility. Please see the above FAQ titled, “How does the final rule restrict academic mobility for F-1 students?”

Along with student categories, the final rule applies broadly to J-1 Exchange Visitors, including research scholars, professors, physicians, short-term scholars, specialists, interns and trainees, and other J-1 program participants.

Like international students, you will be included in the final rule’s transition period provisions if you are in the U.S. with Duration of Status (D/S) on your Form I-94 after the rule’s effective date. Those arriving (or departing and reentering) after the final rule’s effective date will be admitted with a date-specific Admit Until Date (AUD) on their Form I-94. The AUD will generally be the program end date listed on your Form DS-2019, not to exceed four years, plus an additional 30-day grace period.

If you expect your research to extend beyond the AUD, you may need to file for an Extension of Stay (EOS) application with U.S. Citizenship and Immigration Services (USCIS) or depart the U.S. and reenter to obtain additional authorized stay. Individuals engaged in longer, multi-year, research projects may require additional immigration filings, monitoring of I-94 expiration dates, and closer coordination with their sponsoring institution in order to properly maintain immigration status.

J-1 Exchange Visitors sponsored by ECFMG should consult the ECFMG-specific updates on the final rule.

F-2 and J-2 dependents will also be admitted with a date-specific Admit Until Date (AUD) on their Form I-94. When needed, dependents can either be included on the primary visa holder’s Extension of Stay (EOS) application or file their own.

J-2 dependents with employment authorization should also be aware that their employment eligibility, like the underlying immigration status, is now tied to a fixed admission period.

The final rule has the potential to increase international student and scholar confusion around the significance of their Form I-94, how long they are allowed to remain in the U.S., what to do if they need to extend their time in the U.S., and whether international students are allowed to make changes to their academic objectives. Administrators can support the international community by simply being aware that international student and scholar regulations have changed, proactively reaching out to OIS with questions, and collaboratively working through cases as they come up.

Additionally, departments may want to consider the new restrictions on international student academic mobility and review recruitment practices and academic program structure to identify potential conflicts. For example, international graduate students will no longer be allowed to change majors after beginning a program of study.

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