DHS Final Rule – Key Regulatory Changes

Understanding the Transition from Duration of Status (D/S) to a Fixed Time Period of Admission

On July 17, 2026, the U.S. Department of Homeland Security (DHS) published a Final Rule that makes significant changes to the immigration regulations governing F-1 students, J-1 exchange visitors, and their F-2 and J-2 dependents. Among its most notable changes, the regulation replaces the longstanding Duration of Status (D/S) framework with a Fixed Time Period of Admission and establishes new procedures for requesting an Extension of Stay (EOS) when additional time is needed to complete an academic or exchange program.

The Final Rule is currently scheduled to take effect on September 15, 2026. Until that date, existing immigration regulations remain in effect, and Penn continues to follow current federal guidance for all international students and scholars.

Individuals entering the United States on or after the effective date will receive a specific Admit[DS1]  Until Date (AUD) on their I-94 record.  Transition provisions may apply to individuals already in the United States before the rule becomes effective. Because implementation guidance from DHS is still evolving, Penn ISSS will continue to update these resources as additional information becomes available.

Explore the Detailed Guidance

To help members of the Penn community understand how the Final Rule may affect them, Penn ISSS has prepared comprehensive summaries tailored to each immigration category.

Please select the resource that best matches your immigration status:

F-1 Students and F-2 Dependents

Learn about the regulatory changes affecting F-1 students, including fixed admission periods, Extension of Stay procedures, educational objectives, travel, Optional Practical Training (OPT/STEM OPT), grace periods, and transition provisions.

J-1 Exchange Visitors and J-2 Dependents

Learn about the changes affecting J-1 students, scholars, researchers, professors, physicians, short-term scholars, specialists, and their dependents, including admission periods, Extension of Stay procedures, program extensions, travel, and transition provisions.

Before You Begin

As you review these materials, please keep the following in mind:

F-1 Students and F-2 Dependents

What the DHS Final Rule Means for You

The DHS Final Rule introduces significant changes to how F-1 students and their F-2 dependents are admitted to and maintain lawful status in the United States. This page summarizes the major regulatory changes and what they may mean for members of the Penn community.

Current Status

The Final Rule is currently scheduled to take effect on September 15, 2026. Until then, existing immigration regulations remain in effect. Penn ISSS will continue to update this page as additional implementation guidance is released by DHS, USCIS, SEVP, and CBP.

1. Fixed Time Period of Admission

Under the current Duration of Status (D/S) system, most F-1 students remain in lawful status if they continue to comply with F-1 regulations.

Beginning September 15, 2026, students entering the United States may instead receive a Fixed Time Period of Admission, reflected on their Form I-94 as an Admit Until Date (AUD).

Generally, students will be admitted until the earlier of:

Students should carefully review their Form I-94 after every entry into the United States.

2. Your I-94 and Admit Until Date (AUD)

Under the new framework, your I-94 Admit Until Date (AUD) becomes one of the most important immigration documents you have.

The AUD establishes the last day you are authorized to remain in the United States unless your stay is extended or another immigration benefit applies.

Students should:

Failure to take action before the AUD expires may result in the loss of lawful status and other significant immigration consequences.

3. When an Extension of Stay May Be Needed

Under the Final Rule, some students may need to apply for an Extension of Stay (EOS) with USCIS before their AUD expires.

Examples include:

Penn ISSS will provide detailed instructions as federal implementation guidance becomes available.

4. F-2 Dependents

F-2 dependents generally receive the same period of authorized stay as the principal F-1 student.

If the F-1 student must request an Extension of Stay, the F-2 dependent(s) generally must also request an extension to maintain lawful status.

5. Changes to Academic Programs and School Transfers

The Final Rule establishes new limitations on changing educational objectives and transferring schools.

Among the changes:

Because these provisions may affect academic planning, Penn ISSS encourages students considering a change of program or institution to consult an ISSS advisor before making decisions

6. Beginning Another Degree Program

The Final Rule generally permits progression to a higher educational level, but places new restrictions on beginning additional programs at the same or lower educational level after completing a degree.

Because many implementation questions remain, including how these provisions apply to dual-degree, integrated, submatriculation, and combined-degree programs commonly offered at Penn, ISSS is awaiting additional federal guidance before advising on specific scenarios.

7. Optional Practical Training (OPT)

The Final Rule changes the relationship between employment authorization and immigration status.

For many students, approval of OPT alone may no longer automatically authorize continued lawful stay.

Depending on individual circumstances and applicable transition provisions, some students may need to submit:

Certain students may qualify for temporary transition exceptions.

Penn ISSS will publish detailed guidance once USCIS issues implementation procedures.

8. Transition Provisions

Special transition rules apply to certain students who were already present in the United States before the Final Rule becomes effective.

These provisions may affect:

Because these provisions are complex, Penn ISSS will continue to provide updated guidance as additional information becomes available.

Penn ISSS Guidance

The Final Rule represents one of the most significant changes to F-1 immigration regulations in decades. While many aspects of the regulation are now known, implementation guidance from DHS, USCIS, SEVP, and CBP is still evolving.

Penn ISSS is actively monitoring these developments and will continue to provide timely updates, webinars, FAQs, and individualized advising to help members of the Penn community navigate these changes with confidence.

J-1 Exchange Visitors and J-2 Dependents

What the DHS Final Rule Means for You

The DHS Final Rule introduces significant changes to how J-1 exchange visitors and their J-2 dependents are admitted to and maintain lawful status in the United States.

This page summarizes the major regulatory changes that may affect Penn’s J-1 community, including students, research scholars, professors, postdoctoral researchers, physicians, short-term scholars, specialists, and other Exchange Visitor Program participants.

Current Status

The Final Rule is currently scheduled to take effect on September 15, 2026. Until then, existing immigration regulations remain in effect. Penn ISSS will continue to update this page as additional implementation guidance becomes available from DHS, USCIS, the U.S. Department of State, SEVP, and U.S. Customs and Border Protection (CBP).

1. Fixed Time Period of Admission

Beginning September 15, 2026, most J-1 exchange visitors and J-2 dependents entering the United States may be admitted for a Fixed Time Period of Admission, rather than under the current Duration of Status (D/S) framework.

Generally, the period of admission will extend until the earlier of:

Students and scholars should review their Form I-94 after every entry into the United States.

2. Your I-94 and Admit Until Date (AUD)

Under the Final Rule, the Admit Until Date (AUD) shown on your Form I-94 becomes the official end date of your authorized stay.

If additional time is needed beyond the AUD, you may be required to request an Extension of Stay (EOS) from U.S. Citizenship and Immigration Services (USCIS) before your current period of admission expires.

Remaining in the United States beyond your authorized stay without appropriate action may result in the loss of lawful status and other significant immigration consequences.

3. Extension of Stay (EOS)

Some J-1 exchange visitors may need to request an Extension of Stay before their AUD expires.

Examples include:

Penn ISSS will provide detailed instructions once DHS and USCIS publish implementation procedures.

4. Employment During a Pending Extension

The Final Rule provides limited circumstances in which certain J-1 exchange visitors who timely file an Extension of Stay application may continue participating in authorized program activities while USCIS processes the application.

Separate rules apply to J-2 employment authorization. A pending Extension of Stay does not automatically extend a J-2 Employment Authorization Document (EAD).

Because these provisions are complex and subject to additional federal guidance, Penn ISSS recommends consulting an ISSS advisor before relying on any employment authorization while an application is pending.

5. J-2 Dependents

J-2 dependents generally may not remain in the United States beyond the authorized period granted to the principal J-1 exchange visitor.

If the J-1 exchange visitor must request an Extension of Stay, J-2 dependents generally must also take appropriate action to maintain their lawful status.

6. Transition Provisions

Special transition rules apply to certain exchange visitors who were already present in the United States before the Final Rule becomes effective.

These provisions may affect:

Penn ISSS will continue updating this page as additional federal guidance becomes available.

Penn ISSS Guidance

The Final Rule represents one of the most significant changes to J-1 immigration regulations in decades and will affect exchange visitors across higher education, research, medicine, and international collaboration.

Penn ISSS is actively monitoring implementation guidance from DHS, USCIS, the U.S. Department of State, SEVP, and CBP. We are working closely with University leadership and campus partners to assess the impact on Penn’s academic, research, and clinical programs.

As additional guidance becomes available, Penn ISSS will provide updated information through this website, webinars, FAQs, email communications, and individualized advising.

If you have questions about how the Final Rule may affect your specific situation, please contact Penn ISSS. Our advisors are here to help.