Transition Rules for Current Students and Scholars
The fixed admission system for F-1 students and J-1 exchange visitors will go into effect on [ xxx ]. However, there will be transition rules for students and scholars who are in the United States on that date, and whose I-94 admit until date is “D/S," for duration of status.
Transition Rules for Current D/S Students and Scholars
Applies to: Students and scholars who are still working toward their program objectives, and are physically present in the U.S. on _____. Any student or scholar outside of the U.S. on ___ will be subject to fixed admission
You can remain in the U.S. through the program end date on your I-20 or DS-2019, assuming that you continue to maintain status, up to a maximum of four years. You do not need to take immediate action to apply for an extension of stay, as long as your I-20 or DS-2019 program end date is into the future. However, once you near your program end date (or four years, whichever is shorter), you may need to file a Form I-539 extension with USCIS to request more time to stay in the U.S., depending on your specific situation. Extensions may be needed for different reasons, such as completing your current program, starting a new program, or applying for OPT.
Example: You are in the U.S. as an F-1 student on ____, when the new rules become effective. Your I-20 program end date is May 15, 2029, and your I-94 admission record indicates “D/S” as the “admit until” date. In this case, you do not need to take any action immediately after the rule becomes effective, since your I-20 won't expire for several years. You do not need to request or obtain a new I-94.
- You will not receive a new Form I-94 once the new regulations go into effect. The I-94 will continue to say “duration of status" as long as you remain in the United States. However, you should assume that your I-20 or DS-2019 end date, or four years (whichever is shorter), plus a grace period of 30 days is your new “fixed admission” date. If you still need more time to complete your current program at that point, you will need to apply to USCIS for an extension of stay using USCIS Form I-539.
If you leave the U.S. at any point after ____, you will be placed under the fixed admission system when you return. In general, your period of admission should be your I-20 or DS-2019 program end date or four years (whichever is shorter), plus a grace period of 30 days. This should be reflected on your Form I-94 arrival record.
Note: although not directly discussed in the transition rules, ISSS strongly recommends that your passport expiration date covers the entire program indicated on your Form I-20 or Form DS-2019. For example, if your I-20 expires on May 31, 2028, we recommend that your passport be valid through at least May 31, 2028, to ensure that your I-94 is not accidentally shortened to your passport expiration date.
- If you are applying for post-completion OPT based on a summer 2026 or fall 2026 completion date, you will not be required to submit an I-539 extension application alongside your OPT application. After [ ], however, the OPT application must also be accompanied by the I-539 extension application (in most cases, assuming the I-94 will expire before the intended expiration of your OPT).
Transition Rules for F-1 Students on Pending or Approved OPT or STEM Extension OPT
Applies to: F-1 students who have applied or have been approved for post-completion OPT or STEM Extension OPT on _____, when the new regulations become effective.