| UPDATED JULY 22, 2026 |
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Office of Global Engagement
International Student and Scholar Services
Final Rule on Fixed Time Periods of Admission: Summary
This page contains a summary of the final rule eliminating "Duration of Status" and establishing a "Fixed Time Period of Admission" for F and J students and scholars.
Final Rule on Fixed Time Periods: Summary of Major Changes
Introduction
- The U.S. Department of Homeland Security published a final rule on July 17, 2026 that introduces many changes to F and J visa regulations, including “fixed time periods” of admission. In addition, the Department of Homeland Security published their own Frequently Asked Questions (FAQs) to explain these changes.
- The new rule does not go into effect until September 15, 2026. Existing regulations under “duration of status” apply until then, so the rule will not affect the ability of international students and scholars to come or return to Brown for the Fall 2026 semester. Anyone entering on or after September 15 can still enter the U.S. as usual, but will be admitted under the new fixed-date system described below.
Next Steps for Students and Scholars
Under the new regulations:
- International students and scholars will need to be very proactive in monitoring their immigration document expiration dates, especially their I-94 Admit Until Date (AUD). While ISSS will assist as best as we can, it will be up to each individual to take timely steps to monitor their documents, take note of their expiration dates, and taking appropriate steps to extend their immigration status.
- Extensions of legal stay will become more complicated. Under the current “duration of status” system, extensions are handled directly by your school or sponsor. Under the new regulations, you will also need to take the additional step of applying for an extension of stay with USCIS — including a filing fee, evidence of financial support, and possibly biometrics. School or sponsor approval for an extension will only be the first step, and USCIS may be more restrictive in deciding when someone is eligible for an extension. ISSS will provide more information about the USCIS extension process once it becomes available.
- Changes to academic program objectives will be more restrictive than before. F-1 graduate students, in particular, will need to map out future academic objectives carefully, due to the limitations imposed by the new regulations.
As we get more information, ISSS will continue to update this and other pages in our Fixed Admission Information Hub. If you have any questions, please use this Final Rule Question Form to contact ISSS.
What's Changing for F-1 Students and their Dependents?
LIMITS ON LEGAL STAY IN THE U.S. WITH HARD DEADLINES TO DEPART OR APPLY FOR EXTENSIONS
- Any F-1 student (or F-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 government deadline for the F-1 / F-2 to leave the U.S. and/or to apply to U.S. Citizenship and Immigration Services (USCIS) for an extension of stay.
- Anyone who is physically present in the U.S. on September 15, 2026 under “duration of status” may continue to stay in the U.S. without applying for an extension. This permission lasts until their I-20 program end date or the end date of their OPT / STEM OPT EAD, whichever is later — but no later than September 15, 2030 — plus a grace period of 60 days. However, anyone who departs and re-enters the U.S. after September 15 will be placed under the new fixed admission system described here.
- The student's AUD will be based on their I-20 program end date, or a maximum of four years (whichever is shorter), plus a “grace period” of 30 days. For example, if a student's I-20 program end date is May 31, 2029, their legal stay will end on June 30, 2029 (May 31 + 30 days). If the student needs more time, they will need to submit an application to USCIS to extend their status BEFORE their current status expires.
- The grace period for F-1 students will be shortened from 60 to 30 days. However, any F-1 student who is in the U.S. on September 15, 2026 under “duration of status” will continue to have a 60-day grace period, but only if they remain in the U.S. while completing the remainder of their program (and no later than September 15, 2030).
- Working while an extension is pending: a student who files an extension application before their program end date may continue existing on-campus employment for up to 240 days while USCIS decides the application. An extension filed during the 30-day grace period allows continued study, but not employment or practical training, until the extension is approved. F-2 dependents working on an EAD receive no automatic extension — their work authorization ends when the EAD expires.
- The consequences of overstaying will be more serious. “Unlawful presence” — which can lead to lengthy (3 and 10 year) bars on returning to the U.S. — will begin to accrue automatically once the AUD expires and the student hasn’t taken any action to leave or extend their stay.
- F-2 dependents cannot be authorized to stay in the U.S. longer than the F-1 student, even if their individual documents extend into the future. If the F-1 student applies for an extension, the F-2 family members must either be included in the F-1's extension application or file their own extension application (with a separate fee).
LIMITS ON CHANGES TO EDUCATIONAL OBJECTIVES
- F-1 students below the graduate level will not be able to change educational objectives (major or degree level) or transfer to another school until they have completed the first academic year of the program at the school that issued their initial I-20, unless SEVP (the Student and Exchange Visitor Program) authorizes an exception for extenuating circumstances.
- Graduate students will not be allowed to change educational objectives (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.
- 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 against this limit.
- DHS has reserved the ability to delay these transfer and educational-objective restrictions for up to two years (announced via the Federal Register) if its systems are not ready. ISSS will monitor for any announced delays.
NEW EXTENSION APPLICATION REQUIREMENT FOR OPT / STEM EXTENSION OPT APPLICATIONS
- Any student submitting an OPT or STEM Extension OPT application to USCIS after March 18, 2027 must also include a Form I-539 application to extend their stay. The OPT application and approval by itself will no longer be sufficient to extend legal status in the U.S.; two separate applications (one for work authorization; the other for authorization to stay in the U.S.) will be needed. Note: DHS may extend the March 18, 2027 window in six-month increments; ISSS will announce any changes made by DHS.
- The I-539 requirement applies even before March 18, 2027 to any student who departs the U.S. and is readmitted with a fixed admit-until date before applying for OPT or the STEM Extension.
What's Changing for J-1 Students and Scholars and their Dependents?
LIMITS ON LEGAL STAY AND HARD DEPARTURE OR EXTENSION DEADLINES
- 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.
- Anyone who is physically present in the U.S. on September 15, 2026 under “duration of status” may continue to stay, without applying for an extension, until their DS-2019 program end date — but no later than September 15, 2030 — plus a 30-day grace period. However, anyone who departs and re-enters after September 15 will be placed under the fixed admission system.
- 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 student'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.
- Scholars on longer programs, take note: J-1 research scholars and professors have 5-year program windows (and physicians up to 7 years), but the new admission cap is 4 years. Scholars whose programs run past the 4-year mark will need to apply to USCIS for an extension of stay.
- Working while an extension is pending: a J-1 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 decide it. J-2 dependents working on an EAD receive no automatic extension — their work authorization ends when the EAD expires.
- The consequences of overstaying will be more 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. If an extension application is denied, the applicant must depart the U.S. immediately, with no grace period. Previously, unlawful presence for J visa holders began only after a formal government finding.
- 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).