Under the final rule published on July 17, 2026, the Department of Homeland Security is ending “duration of status” and replacing it with “fixed time periods of admission” for F-1 students, J-1 exchange visitors, and their dependents. This change goes into effect on September 15, 2026.

The final rule contains many different provisions, but the primary change has to do with how the length of stay in the U.S. will be regulated.

• Effectively, starting on September 15, 2026, anyone entering the U.S. in F or J status will no longer be given “D/S” as the end date of their legal stay, also known as their “Admit Until Date" (AUD). Instead, they will be assigned a specific Admit Until Date on their I-94 arrival record, such as “30 June 2028” (as an example).
• The AUD will be calculated based on the I-20 or DS-2019 program end date, plus a grace period of 30 days. However, the maximum amount of time that will be granted at any one time will be four years. Four years is an outer maximum - the amount of time can be shorter, if the program is shorter. For example, a student who is doing a two year program will be given an AUD of two years plus 30 days to stay in the U.S.
• The AUD on the I-94 arrival record is now a hard government deadline to do either or both of the following: (1) apply to USCIS for an extension of legal stay using Form I-539; and/or (2) depart the U.S. and re-enter later with updated documents to get a new I-94 record and a new AUD. Either action must be taken before the AUD is reached; otherwise, the individual may be found unlawfully present in the U.S., which is an extremely serious immigration violation.

If your program lasts more than four years, you will need to plan on taking one or both of the following steps:

• Depart the U.S. before your current Admit Until Date (AUD) on your I-94 arrival record expires, and re-enter later. Upon re-entry, you would obtain an updated I-94 and AUD upon your return.
• Prepare and submit a Form I-539 extension application to USCIS, requesting additional time. This step is necessary if you cannot leave the U.S. before your current AUD is reached, even if you plan to travel at a later date. 

International Student and Scholar Services (ISSS) will provide more detailed guidance to students and scholars as they near the point when they will need to take action to extend their legal stay.

The final rule does not require students to finish their program in four years. In fact, the Department of Homeland Security has explicitly acknowledged that many academic programs, including doctoral programs, will take longer than four years.

What it does mean that before or by the four year mark is reached, you will need to take action to extend your legal stay to finish the remainder of your program. This will require you to either depart and re-enter (and getting the additional time you need upon re-entry); and/or apply for an extension of stay by filing Form I-539 with USCIS.

ISSS will provide additional instructions and guidance as the government issues updated extension guidelines.

Starting on September 15, 2026 the amount of time you will be granted when you arrive in the U.S. will depend on the program end date on your I-20 or DS-2019, plus a grace period of 30 days. How much time you've spent in the U.S. before September 15 won't enter into this calculation.

The same holds true if you are inside the U.S. on September 15, 2026 in valid F-1 or J-1 status under “duration of status.” If this is the case, and you do not leave the U.S. before finishing your program, the amount of time will be your I-20 or DS-2019 end date. The only difference in this scenario is that your grace period will be 60 days if you're an F-1 student; under the fixed time period regulations, the grace period for F-1 students will be 30 days. The J-1 grace period will remain unchanged at 30 days in both cases.

The new rules will apply to everyone. However, there are limited transition rules for anyone who enters the U.S before September 15, 2026 under the existing “duration of status” regulations.

Grace period continuation: If you enter as an F-1 or J-1 under duration of status, you do not need to take any specific action if you stay in the U.S. and complete your program by the program end date on your I-20 or DS-2019. At that point, you will have either 60 days (F-1) or 30 days (J-1) to prepare for departure. However, the grace period will go down from 60 to 30 days if you are an F-1 student and you travel outside the U.S. at any time before you complete your program. Upon returning to the U.S., you will be under the fixed time period regulations, which limits the F-1 grace period to 30 days.

F-1 OPT / STEM Extension OPT applicants filing before March 18, 2027: After March 18, 2027, however, F-1 students will need to submit two applications when applying for OPT: Form I-765 to request employment authorization; and Form I-539 to request an extension of stay. 

However, for any F-1 student who entered the U.S. before September 15, 2026 and who continued to remain in the U.S. under duration of status will not need to apply for an extension of stay at the same time, as long as they are eligible to apply for the OPT / STEM Extension benefit before March 18, 2027.

Yes, the four year maximum will apply to J-1 students and scholars as well as F-1 students.

For example, if you are a J-1 research scholar with a five year appointment, your legal stay will still be limited to four years upon entry. You will still need to plan on applying for an extension to be authorized to stay in the U.S. for the fifth year of your appointment.

No. If you enter the U.S. before September 15, 2026 and are admitted as an F-1 or J-1 under “duration of status,” your I-94 will still indicate “duration of status.” You will not receive a new I-94, unless you later leave the U.S. and re-enter. At that point, you would be placed under the fixed time period regulations.

The final rule does not change any current rules and regulations about re-entering the U.S. You will still need to meet the requirements for entering the U.S., as outlined in our Travel Resources for International Students and Travel Resources for International Scholar guides.

The final rule regulations also do not remove your ability to take or return from a personal or medical leave of absence or to go abroad for fieldwork for a period of time. However, as with current regulations under duration of status, you should be in contact with your school and with ISSS if one or more of these situations occur.

What has changed is what happens after you come back to the U.S., once the new rule goes into effect on September 15, 2026.

• Each time you enter the U.S., you will be given a fixed period of time to stay - your “Admit Until Date," or AUD, as indicated on your I-94 arrival record. The AUD will be your program end date plus a grace period of 30 days, or four years, whichever is shorter.
• You will need to review your AUD each time you return to the U.S.
• If you are nearing the expiration of your AUD, you will need to take steps to either leave the U.S. (and re-enter later), or apply for an extension of legal stay if you're not able to leave before your AUD.

If you go past your AUD without taking any action, you may be found to be unlawfully present and required to depart the U.S. immediately. 

The rules for entering the U.S. will remain the same before and after September 15. You will still need to meet the requirements for entering the U.S., as outlined in our Travel Resources for International Students and Travel Resources for International Scholar guides.

If you return on or after September 15, 2026, however,  you will be admitted under the new fixed admission system. Your legal stay will be limited to the time on your I-20 or DS-2019 plus a grace period of 30 days, up to a four year maximum.

Exception: One of the main advantages for returning before or by September 15, 2026 is if you plan to apply for post-completion OPT or STEM Extension OPT (or post-completion Academic Training) at some point before March 18, 2027. Under the final rule, anyone applying for post-completion OPT or Academic Training will also need to submit a second application to extend their stay (two applications instead of one). However, for those who return before September 15 and continue to stay in the U.S., the requirement to apply for an extension at the same time as applying for OPT will be waived through at least March 18, 2027.

No, you will not get a new I-94 until that time you leave and re-enter the U.S.. Until then, your I-94 will continue to indicate that you are in the U.S for duration of status, and F-1 students will continue to have a 60 day grace period (for up to four years, at which point the grace period will be reduced to 30 days).

However, please note that even if your I-94 is not changed, under the new regulations, your legal stay is tied to your I-20 or DS-2019 program end date, or four years, whichever is less. If you want to ask for more time to stay in the U.S. to pursue OPT or a new degree, you would need to apply for an extension of stay with USCIS. In addition, if you were to leave the U.S. at any point, you would be placed under the fixed admission system upon your return.

Here are some examples:

• Example 1: You are in the U.S. as an F-1 student and your I-94 indicates that you are admitted for “duration of status” (D/S). You are still in the U.S. on September 15, 2026, when the new regulations go into effect. Your I-20 program end date is May 21, 2028. In this situation, your legal stay expires on July 20, 2028, or sixty days after your I-20 program end date. If you wanted to stay longer to pursue a new degree or OPT, you would need to file an extension of stay application with USCIS.
• Example 2: You are in the U.S. as an F-1 student and your I-94 indicates that you are admitted for “duration of status” (D/S). You are still in the U.S. on September 15, 2026, when the new regulations go into effect. Your I-20 program end date is May 21, 2028. On December 15, 2027 you leave for winter break, and you return on January 6, 2028. When you return, your I-94 will indicate “June 20, 2028”, which is 30 days past the I-20 end date. This will be your hard deadline for departing the U.S. or applying for an extension to stay.

Under the new fixed time period system, extensions may be needed in a number of different situations.

When you enter the U.S., you will be given a specific “Admit Until Date” (AUD) on your I-94. This is a hard expiration date for leaving the U.S. As a result, if you are approaching your AUD, you will need to take steps to extend your stay if you need more time for one or more of the following:

• To finish your current program
• To apply for post-completion Optional Practical Training, STEM Extension OPT, or J-1 Academic Training*
• To start a new degree program at a higher educational level at Brown
• To transfer to another school to start a new program

Note that “getting more time” can involve either leaving and returning to the U.S. with a new or updated I-20 or DS-2019; or applying for an extension by submitting Form I-539 to USCIS. ISSS will provide more detailed guidance on these different options.

Example: Your I-20 for your master's program is expiring on May 31, 2027 and your I-94 is expiring on June 30, 2027. You plan to pursue a PhD program starting September 1, 2027. In this scenario, you have two options: (1) leave the U.S. before but no later than June 30, and re-enter when you are ready to start your PhD, OR (2) submit a Form I-539 application to USCIS before June 30, asking for an extension of stay so you can start your PhD in September. In either case, you must take action BEFORE or BY June 30 to remain in compliance.

As seen in the above example that there may be different routes to obtaining additional time. Because the best path will differ for each individual, talking to ISSS at least one academic year (about 9-10 months) before your I-94 end date is strongly advised.

*An extension application is not needed for any OPT application submitted before March 18, 2027, provided you were in the U.S. on September 15, 2026 in duration of status, and remained in the U.S. in duration of status since then.

Obtaining more time can involve leaving the U.S. and re-entering with updated documents (e.g., an extended I-20 or DS-2019, or an I-20 or DS-2019 for a new program), or submitting a Form I-539 application to USCIS before or no later than the Admit Until Date (AUD) on your I-94 arrival record. ISSS will post a basic orientation to Form I-539 once details about the extension process become available from USCIS.

Form I-539 is needed especially if you cannot travel outside the U.S. before your AUD is reached, even if you may travel after the AUD expiration date.

If you have any F-2 or J-2 dependents, they may be included in your extension application as well, although the procedures may vary if you are filing your application online, or using a paper-based form.

No, because the new regulations do not go into effect until September 15, 2026, and updated procedures have not yet been issued.

However, any student or scholar whose Form I-20 or Form DS-2019 is due to expire within the next academic year (through May 31, 2027) might review their academic plans and consider whether or not they will be able to finish their programs by their I-20 / DS-2019 expiration date. If there are clear academic or medical reasons that support the need for more time, it is worthwhile to consider starting the I-20 / DS-2019 extension process. 

If you need to request additional time to stay in the U.S. the options are to leave and re-enter with updated documents (e.g., updated or new I-20 or DS-2019), or to apply for an extension by submitting Form I-539 to USCIS.

If you leave and re-enter the U.S., you must have all of the standard requirements for entry (including a valid passport, a valid visa if needed, and an updated I-20 or DS-2019 to reflect your academic plans, among other documents). 

The decision to obtain more time by travel or by application is an individual choice. While ISSS cannot recommend or decide which route you should take, we can help you to identify pros and cons for these alternatives.

The final rule introduces a number of restrictions on F-1 students' ability to make changes to their degree and/or major (concentration).

• Undergraduate students will not be able to change their degree or major in the first year of study as an F-1 student. They will also not be able to transfer to another school during this time. Changes will be permissible after completing the first academic year.
• Graduate students will not be able to make changes to their educational objectives at any time. They will also not be able to transfer to another school during their program. 

In addition, any student who completes a program after September 15, 2026 will not be permitted to enter or stay in the U.S. as an F-1 student, or obtain an F-1 visa, for the purpose of starting a new program at the same or at a lower degree level.

Please note that there are many questions about these restrictions, and we are still waiting for more details from the Department of Homeland Security. The Department of Homeland Security may also choose to delay or suspend implementation of these restrictions until a future date. ISSS will continue to monitor this issue and post updates when available.

The final rule indicates that F-1 students who complete a degree after September 15, 2026 may only start a new degree at a higher educational level. Students will be prohibited, however, from pursuing a degree at the same or lower educational level.

Here is an example to illustrate the rule:

You complete a master's degree on May 31, 2027. Under the new rule:

• You would like to start a bachelor's degree in a new field on September 1, 2027: not permitted, since a bachelor's degree is at a lower educational level than a master's
• You would like to start a second master's degree on September 1, 2027: not permitted, since a master's degree is at the same educational level as your previous degree
• You would like to start a PhD on September 1, 2027: permitted, since a PhD is at a higher educational level than a master's.

Please note that there are many questions about these restrictions, and we are still waiting for more details from the Department of Homeland Security, especially as many types of programs (certificates, professional degrees, etc.) do not fit easily or clearly within a standard system of educational levels. The Department of Homeland Security has indicated they may choose to delay implementation of these restrictions until a future date. ISSS will continue to monitor this issue and post updates when available.