Fixed Periods of Legal Stay

Under the final rule, F-1 students and F-2 dependents arriving in the U.S. on or after September 15, 2026 will be assigned a fixed (i.e., specific) time period to stay in the U.S. in lawful status. This time period will be based on the I-20 program end date plus a grace period of 30 days, or four years (whichever is earlier).

• Example 1: A continuing student travels outside the U.S. for vacation on November 20, 2026. Upon returning to the U.S. on December 1, 2026. the student presents an I-20 showing a program end date of May 31, 2028. The student will be assigned a fixed time period expiring on or around June 30, 2028 (May 31 + 30 day grace period).
• Example 2: A continuing student travels outside the U.S. for vacation on November 20, 2026. Upon returning to the U.S. on December 1, 2026, the student presents an I-20 showing a program end date of May 31, 2032. The student will be assigned a fixed time period expiring on or around November 30, 2030 (four years from the date of re-entry).

Admit Until Date (AUD) and I-94 ARRIVAL RECORD

The F-1 student's specific period of stay will be indicated in the “Admit Until Date” (AUD) section of the student's I-94 arrival record.

• The AUD will be a hard deadline for either leaving the U.S. or applying for an extension with U.S. Citizenship and Immigration Services using Form I-539, if departure is not possible. Those who leave the U.S. may be eligible to re-enter the U.S. at a later date, and receive a new AUD / I-94 upon arrival.
• Failure to take action before the current AUD expires can cause the student to fall out of status and accrue unlawful presence in the U.S., which carries extremely serious immigration consequences.

extensions will be needed for in different situations

If a student's AUD is going to expire, they may need to take action to extend their stay even if they don't need more time to finish their current program. The list of situations when an extension may be needed include the following:

• Needing more time to complete the current program
• Needing more time to start post-completion Optional Practical Training or STEM Extension OPT*
• Needing more time to start a new degree program at Brown or at another school

*Certain students will be exempt from applying for an extension when also applying for OPT / STEM Extension OPT. See the separate section on OPT filings.

F-2 Dependents

F-2 dependents accompanying the F-1 student cannot legally remain in the U.S. beyond the amount of time given to the F-1 student, regardless of what the F-2 dependent's individual documents indicate. Any F-1 student who needs to seek an extension of legal stay must also include their F-2 dependents.

There are different scenarios that will require a student to either depart the U.S., and/or apply for an extension of stay with USCIS. In all cases, students must monitor their Admit Until Date (AUD) on their Form I-94, since this may never expire while they are inside the U.S.

Scenario 1: Student's AUD is expiring, but they need more time to complete their current program.

1. The student must apply for an I-20 extension with ISSS before the I-20 program end date.
2. After receiving the updated I-20, the student must either leave before their current AUD expires and then re-enter with their new I-20, OR apply for an extension of stay with USCIS before their current AUD expires.

Scenario 2: Student is completing their program, but they want to apply for post-completion OPT (or STEM Extension OPT)

1. The student must request and receive a new OPT or STEM Extension OPT I-20 from ISSS.
2. After receiving the new I-20, the student must then submit both the I-765 application for OPT, as well as a Form I-539 application to extend their stay, before their AUD expires.

Certain students applying for OPT may be exempt from the second step. See the next accordion section about OPT applications.

Scenario 3: Student is completing their program, but they want to start a new degree / transfer to another school.

1. The student must request and receive a new I-20 for their new program (from Brown or from their new school)
2. The student must then either depart before their current AUD expires (and re-enter the U.S. before starting their new program), or apply for an extension of stay with USCIS using Form I-539 before their AUD expires.

Note: These scenarios are described in general terms. ISSS will provide more detailed instructions and guidance once additional information is made available by the government. Because each student will have different situations, students will need to discuss their specific situations with their ISSS advisor.

Prohibition on Changes to Academic Programs, including transfers

• F-1 students below the graduate level (e.g., undergraduate students) will not be able to change educational objectives (defined as changes to the major or degree level) until they have completed the first academic year of the program at the school that issued their initial I-20. In addition, they cannot transfer to another school until they have completed the first academic year at the school that issued their initial I-20 (unless they are granted an exception by the Student and Exchange Visitor Program due to extenuating circumstances.)
• F-1 students at the graduate level (e.g., master's, doctoral, professional) will not be allowed to change educational objectives (defined as changes to the major or degree level) at any time, with no exceptions. They also may not transfer to another school unless SEVP grants an exception for extenuating circumstances.

Restrictions on Eligibility to enroll in new degree programs

• F-1 students who complete a program after September 15, 2026 will not be permitted to begin a new program at the same or a lower degree level in F-1 status — whether by remaining in the U.S., re-entering from abroad, or changing status. Students are permitted to start new programs at a higher degree level. Programs completed before September 15, 2026 do not count toward this limit.
• Example: An F-1 student who completes a master's degree at the end of the Spring 2027 semester will not be allowed to start a new master's degree at the same or at a different institution in the Fall 2027 semester.

potential delay in implementation of these restrictions

While the above restrictions go into effect on September 15, 2026, the Department of Homeland Security has indicated it may choose to delay or suspend the implementation of these provisions for up to two years. Any delay will be announced by publication of a notice in the Federal Register. ISSS will continue to monitor government announcements in the event the implementation of these regulations are delayed.

Under “duration of status” regulations, any F-1 student approved for post-completion OPT or STEM Extension OPT would also have their F-1 status extended. Approval for OPT or STEM Extension OPT also constituted an extension of the student's ability to stay in the U.S.

Under fixed time period regulations, however, the OPT approval process does not automatically lead to an extension of legal stay. Students will need to file two applications: one to request OPT authorization (using Form I-765), and another to request authorization to extend their legal stay (using Form I-539). Form I-539 must be approved before the student may engage in OPT.

Exception for students applying for OPT before March 18, 2027:

There is a limited exemption for F-1 students who were physically present in the U.S. on September 15, 2026, have a Form I-94 arrival record with an Admit Until Date (AUD) of “D/S”, and who intend to apply for post-completion or STEM Extension OPT before March 18, 2027. For these students, Form I-539 will not be required; the student only needs to file Form I-765. However, any students who leaves and re-enters the U.S. on or after September 15, 2026 will be readmitted the U.S. under the fixed time period rules, and will not be able to take advantage of this temporary exception waiving the Form I-539 requirement.