DHS Final Rule – Frequently Asked Questions (FAQ)

Answers to common questions based on current federal guidance.

Beginning September 15, 2026, F-1 students and J-1 exchange visitors who enter or reenter the United States will receive a specific Admit Until Date (AUD) on their Form I-94 instead of D/S (Duration of Status).

In most cases, the AUD will reflect the program end date, up to a maximum of four years, plus a 30-day grace period.

If you are already in the United States in F-1 or J-1 status and are maintaining your status when the rule takes effect, you may generally continue to stay until the end date listed on your Form I-20, DS-2019, or EAD, subject to the transition provisions of the final rule.

However, if you travel internationally and reenter the United States on or after September 15, 2026, you may be admitted under the new fixed-period admission system and receive a specific Admit Until Date (AUD) on your Form I-94.

Beginning September 15, 2026, individuals entering in F or J status will generally receive a specific Admit Until Date (AUD) on their Form I-94. Your AUD will generally be based on your program end date plus a 30-day grace period, up to a maximum of four years at a time.

 Additional immigration action may be required if more time is needed.

No. The four-year limit applies to the period of admission granted at one time, not necessarily to the length of the academic program or exchange appointment. Individuals who need additional time must obtain an extension of stay or depart and seek readmission before their authorized period expires.

Generally, no. Time spent in the United States before the rule takes effect does not count toward the new four-year admission period. Students and scholars maintaining D/S status when the rule takes effect may qualify for the applicable transition provisions.

It depends. F-1 students covered by the transition provisions may generally retain the 60-day departure period associated with their existing D/S admission. Students admitted under the new fixed-period framework will generally receive a 30-day departure period.

Possibly. If you were already in the United States in valid D/S status on September 15, 2026 and do not travel internationally, you can continue to apply for OPT using only Form I-765 through March 18, 2027.  If you leave the United States and return, this exception generally no longer applies, and you may be subject to the new fixed-period admission rules and need to apply to USCIS for an extension of stay.

The basic OPT and STEM OPT eligibility requirements remain in place. Eligible students who have not traveled may only need to file Form I-765 on or before March 18, 2027.  Unless DHS extends this exemption, students filing after that date may also need to file Form I-539.

The final rule does not eliminate OPT or STEM OPT or change their core eligibility and employment requirements. However, it changes how students maintain lawful status during the training period. International travel may also result in a fixed Admit Until Date and may affect eligibility for transition provisions.

Students cannot yet apply under the new fixed-period extension-of-stay procedures because USCIS has not published complete implementation instructions. Students and scholars whose current immigration documents are approaching expiration should continue to follow existing ISSS procedures.

Depending on the circumstances, an individual may:

  • obtain updated immigration documents, depart the United States, and seek readmission; or
  • apply to USCIS for an extension of stay before the current Admit Until Date expires.

ISSS can explain the immigration considerations associated with each option.

Undergraduate students: During the first academic year, an undergraduate F-1 student may not change the educational objective or transfer to another school unless SEVP authorizes an exception based on extenuating circumstances. After completing the first academic year, such changes may be permitted.

Graduate and professional students: F-1 students at the graduate educational level or above may not change their educational objective after beginning the program.

For F-1 students at the graduate educational level or above, transferring to another SEVP-certified school during the program is prohibited unless SEVP authorizes an exception based on extenuating circumstances. Undergraduate students generally must complete their first academic year before transferring unless an exception is authorized.

An F-1 student may generally begin a new program at a higher educational level upon completion. Beginning another program at the same or a lower educational level while remaining in F-1 status is prohibited.

Examples:

Students and scholars whose programs extend beyond their authorized admission period must take action before the Admit Until Date (AUD) expires. Depending on the circumstances, this may involve obtaining updated immigration documents (I-20 or DS-2019) and applying to USCIS for an extension of stay or departing and seeking readmission.

Yes. A J-1 exchange visitor may be admitted for a program period of up to four years at one time, even if the exchange category or appointment permits a longer duration. Before the Admit Until Date expires, the exchange visitor must either apply to USCIS for an extension of stay or depart and seek readmission to continue an approved five-year program.

An extension of stay may be required when an individual needs additional time to:

  • complete the current academic or exchange program;
  • participate in OPT, STEM OPT, or Academic Training;
  • remain in the United States beyond the current Admit Until Date.
  • begin a permitted program at a higher educational level; or

Possibly. DHS may delay implementation of certain academic-program provisions for a limited period. Penn ISSS will update its guidance if DHS announces a delay, modification, or new implementation instructions.