| UPDATED July 20, 2027 |
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Frequently Asked Questions about the Final Rule
This page includes an ongoing list of frequently asked questions about the federal rule for F and J students and scholars going into effect on September 15, 2026.
Fixed Time Period Regulations: FAQs
Questions about Fixed Admission and the New Rule
On July 17, 2026, the Department of Homeland Security issued a final version of a new federal rule that will affect F-1 and J-1 visa holders (and their dependents) across a number of different areas. The new rule will make immigration deadlines and compliance even more important than before.
- For both students and scholars, there will be fixed time limits on their legal stay, as well as hard deadlines for requesting extensions. The new rule will limit your legal stay in the U.S. to fixed time periods (based on program length, but not more than four years at any given time). Your legal stay will have a specific expiration date, which will be reflected on the “Admit Until” date (AUD) on your I-94 arrival record.
- Failing to extend your status on time will have serious consequences. Because your legal stay will expire on a specific date (your AUD), you'll need to take action to either leave, or apply for an extension of stay. Failing to take one or both of these actions will lead to extremely serious immigration consequences, including unlawful presence. If you are unlawfully present in the U.S. for an extended period of time, you may be barred from returning to the U.S. for periods ranging from three to ten years.
- The extension process will become more complex, and will come up in many different situations. If you want or need more time, you will need to apply to the U.S. government for an extension using Form I-539. Extensions may be needed for different reasons - to complete your current program, to transfer to another school or program, or to participate in post-completion OPT or Academic Training. The extension application will also require preparation of extensive supporting documents and payment of a filing fee (currently $420 to $470).
- There will be restrictions on the ability of F-1 students to change their academic programs or to pursue new degrees. If you're an F-1 student, the new rule will restrict your ability to make changes to your educational objectives (major or degree level), especially if you're a graduate student. Also, after September 15, 2026, if you complete a degree, you won't be able to later pursue new degrees at the same or lower educational level.
Read through our Detailed Summary page for more information about the final rule.
The fixed admission rule, as it applies to F-1 students and J-1 exchange visitors (and their dependents), will follow this general formula:
Your authorized stay in the U.S. will be based on your I-20 or DS-2019 program end date or four years (whichever is shorter), plus a uniform grace period* of 30 days.**
- Example 1: You are an F-1 student and your I-20 was issued for a two-year program from September 1, 2026 - May 31, 2028. You travel and re-enter the U.S. on November 1, 2026. When you re-enter the U.S., your I-94 “Admit Until” date (AUD) will end on June 30, 2028 (May 31 + 30 days). You would need to depart the U.S. or apply for an extension of stay before or no later than that date.
- Example 2: You are a J-1 student and your DS-2019 was issued for five years, from September 1, 2026 - May 31, 2031. Because the program is longer than four years, your I-94 will cap your stay at four years, with an end date of or around August 31, 2030. You would need to depart the U.S. or apply for an extension of stay before your I-94 expires.
*Under the new rule, the F-1 grace period will be reduced from 60 to 30 days. However, certain F-1 students may be allowed to retain the currently allowed grace period of 60 days, provided certain conditions are met. Refer to the FAQ on the grace period for more details.
**If you have been authorized for F-1 post-completion OPT or STEM Extension OPT, your period of stay should be your EAD expiration date plus a grace period of 30 days.
Be sure to check the “Admit Until” date (AUD) on your I-94 arrival record after every arrival, as your period of legal stay may change after each arrival in the U.S.
No, it does not mean that you must finish your program in four years.
Under the new rule, the Department of Homeland Security has acknowledged that some programs (e.g., PhDs, among others) will take more than four years. However, the amount of time you can be granted to stay in the U.S. will be a maximum of four years from your start date or your date of entry, whichever is later. You may be able to secure more time simply by traveling and re-entering the U.S. In any case, if you are reaching the expiration of your current period of stay, and you are not yet finished with your program, you will need to take one or both of these steps:
- Depart the U.S. before you reach the Admit Until date (AUD) on your I-94 record, and return at a later time with your current or updated I-20 or DS-2019 with an accurate program end date. Upon re-entry, your documents will be re-inspected and you should be able to receive the additional time needed to finish your program. The new AUD should be your I-20 or DS-2019 program end date plus a grace period of 30 days.
- Before the AUD on your I-94 record is reached, submit a Form I-539 application to USCIS requesting an extension of stay for the remainder of your program plus the 30 day grace period. You will need to provide evidence and information explaining why you need more time, such as a letter detailing that your program typically takes more than four years.
The best path forward will depend on each individual student or scholar's situation. Consult with ISSS at least six months before your AUD expiration date, or at any time during your program.
No, you would not need to leave. The time you have already spent in the U.S. under “duration of status” won't count toward the four year maximum period.
The “four-year” limit on stay will only start to apply for those entering the U.S. on September 15, 2026 or later. Once the fixed admission system becomes effective on September 15, 2026, you should look at your I-20 or DS-2019 program end date. Your stay will be based on that date, or a maximum of four years, plus a grace period of either 60 days (for F-1 students who maintain continuous presence in the U.S. after September 15) or 30 days (for students who travel and re-enter the U.S. after September 15).
Once the new regulations go into effect, F-1 and J-1 nonimmigrants will have a specific “Admit Until" date, or AUD (e.g., “June 03 2028”) on their Form I-94, rather than “duration of status," or D/S. These are some (although not the only) reasons why the difference matters:
- In contrast to D/S, a fixed AUD on the I-94 is a hard government deadline to leave the U.S., or to apply for an extension of stay if you can't leave by that date. If you fail to take either action before the AUD is reached, you may be found unlawfully present in the U.S.
- Under D/S, your school's international office (ISSS at Brown) could extend your stay in the country if you needed more time to finish your program or start a new program (whether at Brown or at another school). Under the fixed admission system, ISSS can no longer directly authorize extensions of stay. You will still need to obtain documents from ISSS, but after that you'll also need to apply for an extension with U.S. Citizenship and Immigration Services, who will have the final decision on the extension request.
- The legal penalties for staying beyond the I-94 end date are much more serious than is the case with duration of status. Depending on how long your I-94 has expired, you could be prevented from coming back to the U.S. for extended periods of times. Even allowing your I-94 to be expired for short periods of time can lead to long-term immigration issues and problems.
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.
Travel and Transition Rules
The new rule does not change any rules about national or international travel. Or more specifically, the rules relating to your ability to enter or re-enter the U.S. as an F-1 or J-1 visa holder remains unchanged. The new rule also does not affect your ability to take a personal or medical leave of absence or to go abroad for fieldwork.
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
- You will need to review your AUD each time you return to the U.S.
- If you are nearing 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.
Not necessarily. The rules for traveling and 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 or four years (whichever is earlier), plus a grace period of 30 days.
Exception: One of the main advantages for returning before or by September 15 is if you plan to apply for post-completion OPT or STEM Extension OPT (or post-completion Academic Training) at some point before March 17, 2027. Under the new 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 by 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 17, 2027.
The new regulations will apply to everyone, including current students and scholars, with certain very specific exceptions:
- Current F-1 students who are in the U.S. on September 15, 2026, and continue to remain in the U.S. until the end of their program, will retain the 60 day grace period if they finish their program within the next four years. If they do not finish their program before or by September 15, 2030, however, they will need to apply for an extension of stay and their grace period will be reduced to 30 days. Also, anyone who leaves and re-enters the U.S. after September 15 will automatically be placed under the new fixed admission system upon return.
- Any current F-1 student who is in the U.S. on September 15, 2026 who plan to apply for post-completion OPT (or the STEM Extension of OPT) based on an application date before or on March 18, 2027 are exempt from having to file a Form I-539 extension of stay. After March 17, 2027, any OPT / STEM Extension OPT must also be accompanied by a Form I-539 extension of stay application. This assumes the student has maintained continuous presence in the U.S. since September 15, 2026.
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.
Extending Legal Stay in the U.S.
Under the new fixed admission system, you will need to take action to extend your time in the U.S.:
- If your current I-94 end date is approaching, AND
- You need more time to do one or more of the following:
- Finish your current program
- Apply for post-completion Optional Practical Training, STEM Extension OPT, or J-1 Academic Training*
- Start a new degree program at a higher educational level at Brown
- Transfer to another school to start a new program
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 in the first six months of the final rule, provided you were in the U.S. on ____ and remained in the U.S. in duration of status since then.
Extension applications will require submitting a Form I-539 application to USCIS before or no later than the end date on your Form I-94. In certain cases, an even earlier filing may be needed. 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.
Extension applications may be needed for different reasons, and the instructions will vary depending on those reasons. ISSS will be releasing more detailed extension information as updates become available.
No, you cannot apply for an extension before the new regulations go into effect. Since F-1 students and J-1 exchange visitors currently do not need to apply for extensions, any application received right now would not be accepted.
The decision regarding when to file for an extension is ultimately up to each individual student, but at this time (May 2026), ISSS cautions against applying too early as you may need time to develop a strong argument or reason for an extension. Without strong evidence of the need for an extension, your application may be denied. However, anyone whose I-20 or DS-2019 is due to expire within nine to 12 months should consider starting the extension planning process.
Please view our Extension Planning page for more information.
If you need to request additional time to stay in the U.S. to complete your current program, or to start a new program, there may be options to “extend by travel” rather than by applying for additional time with USCIS.
In general, extending your time by travel works best if you need additional time for your current program or if you're starting a new program. It would involve:
- Getting new documents for re-entry, such as an extended I-20 or DS-2019
- Departing the U.S. BEFORE the expiration of your current I-94
- Returning with your new documents when it's time to resume studies
Extending by application is needed or would be highly recommended when:
- You cannot leave the U.S. before the expiration of your current I-94, even if you're planning to travel a few days later
- You are applying for post-completion OPT or the STEM Extension of OPT
- You may have difficulty returning to the U.S. in a timely manner due to an expired visa, a travel ban, or other restrictions that make leaving and re-entering the U.S. difficult or risky.
Consult our Extension page and your ISSS advisor before finalizing any decisions.
Restrictions on Changes to Academic Programs and Transfers
The new 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. 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 are only authorized to engage in the program for which they received their I-20.
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 implementation of these restrictions until a future date. ISSS will continue to monitor this issue and post updates when available.
The new 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.