Final Rule Regulations for J-1 Students, Scholars and their Dependents

Fixed Limits on Legal Stay and Hard Deadlines for Leaving or Applying for Extensions

• Any J-1 student or scholar (or J-2 dependent) entering the U.S. on or after September 15, 2026 will be assigned a specific “admit until date” (AUD) on their I-94 arrival record. The AUD on the I-94 will be a hard deadline for either leaving the U.S. OR applying to U.S. Citizenship and Immigration Services (USCIS) for an extension of stay using USCIS Form I-539.
• The consequences of staying past the AUD without taking action will be serious. “Unlawful presence” — which can lead to 3- and 10-year bars on returning to the U.S. — will begin to accrue automatically once the AUD passes. Or, if a J-1 files an I-539 extension application and the application is denied, the applicant must depart the U.S. immediately, with no grace period. 
• Any J-1 student or scholar (or J-2 dependent) who entered the U.S. before September 15 under “duration of status” rules are allowed to stay in the U.S. through their DS-2019 program end date, plus a grace period of 30 days. However, anyone entering the U.S. under duration of status who later travels and re-enters the U.S. will be placed under the fixed time period regulations.
• The student or scholar's AUD will be based on their DS-2019 program end date, or a maximum of four years (whichever is shorter), plus a “grace period” of 30 days. For example, if a J-1 student or scholar's DS-2019 program end date is May 31, 2029, their legal stay will end on June 30, 2029. If the student needs more time after that date, they will need to submit an application to USCIS to extend their status.

Temporary Work Authorization With Pending Extension Applications

• Working while an extension is pending: a J-1 student or scholar who files an extension application before their program end date may continue employment authorized as part of their exchange program for up to 240 days while the application is pending. In addition, under a transition provision, a J-1 who files an extension within roughly the first six months after the rule takes effect may continue working through the end date on the DS-2019 filed with the application, no matter how long USCIS takes to process the extension application. J-2 dependents working on an EAD receive no automatic extension — their work authorization ends when the EAD expires.

J-2 Dependents

• J-2 dependents cannot be authorized to stay in the U.S. longer than the primary J-1 visa holder, even if their individual documents extend into the future. If the J-1 applies for an extension, the J-2 family members must either be included in the J-1's extension application or file their own extension application (with a separate fee).