The final rule will take effect on September 15, 2026. The new rule dramatically changes the requirements for F-1 and J-1 exchange visitors’ extending their stay in the United States. It limits the ability to change majors, schools and engage in different degree programs. It increases the cost for extensions of stay and creates additional bureaucratic hurdles for F-1 and J-1 foreign nationals to continue courses of study or employment or change status.
The new rule requires F-1 students, J-1 Exchange visitors and the Designated School Officials (DSOs) and Responsible Officers (ROs) who administer these programs to pay close attention to program end dates and I-94 entry records, to ensure that F-1 and J-1 foreign nationals are not inadvertently overstaying their periods of authorized stay, and that extensions of stay are filed well in advance of the expirations of F-1 and J-1 fixed admission periods.
F-1 Students
For the past few decades, a foreign national student wishing to study in the United States must apply to the academic program they wish to attend, be accepted to the academic program, and have the academic program’s Student and Exchange Visitor Program (SEVP) Designated School Official (DSO) issue an I-20 Form, through the Student and Exchange Visitor Information System (SEVIS) authorizing a period of study. Once the foreign national student receives the I-20 Form, they apply for an F-1 student visa at the U.S. Embassy in their home country, and upon entry into the United States are admitted in F-1 student status for an unspecified period known as “Duration of Status” or “D/S.” The D/S designation is located on the F-1 Student’s I-94 entry record and governs the length of time the individual can lawfully remain in the United States.
Individuals admitted in F-1 status for D/S are considered to be maintaining valid F-1 status if they continue to be enrolled as full time students in their F-1 academic program.
Under the expiring rules, eligible F-1 students can extend their F-1 status by applying for a new I-20 Form for the same or new academic program through SEVIS, and as long as they are issued a new I-20 prior to the expiration of their current I-20, they remain in valid F-1 status and can continue their studies without the need to apply for an extension of stay with the U.S. Citizenship & Immigration Services (USCIS) or depart the United States and make a new entry on a valid F-1 visa. Currently, F-1 students can also change majors, programs and transfer schools through SEVP, by coordinating with their DSOs, and obtaining new I-20 Forms, without the need to seek approval from USCIS.
Additionally, F-1 students completing their associate’s, bachelor’s, master’s or PhD programs can apply for a period of Optional Practical Training (OPT) for 12 months following the completion of their degree by applying for OPT through the SEVP and obtaining a new I-20 endorsed for post completion OPT. Those with degrees in STEM fields can apply for an additional 24-month OPT STEM employment authorization document through SEVIS as well. In both scenarios, as long as a new I-20 is issued through SEVIS, and the individual applies for an Employment Authorization Document (EAD) through USCIS, they can work in the United States for 12 to 36 months without the need to formally seek approval of an extension of stay from USCIS.
Under the current (expiring) rule, when an F-1 student completes their degree program, or OPT/STEM OPT employment, they have 60 days after the end of the program to depart the United States, obtain a new I-20 Form for a new academic program, or file a petition to change to a new immigration status.
J-1 Exchange Visitors
There are a variety of J-1 exchange visitor programs that include Teachers, Au Pairs, Interns, Trainees, Research Scholars, Summer Work and Travel, Students, Professors, Camp Counselors and Physicians. Like F-1 Students, the J-1 International Exchange Visitor Program is also administered through SEVP.
Individuals seeking a J-1 exchange visitor status in the United States need to apply to an approved Exchange Visitor Program Sponsor for the relevant J-1 category, meet the criteria for the J-1 program, and be issued a Form DS-2019 by the J-1 exchange visitor program’s Responsible Officer (RO). The DS-2019 Form will specify the J-1 exchange visitor category (i.e., teacher, summer work travel, intern, etc.), the worksite location for the J-1 exchange visitor and the length of the program.
Once the foreign national exchange visitor has the DS-2019 form, they apply for their J-1 visa at a U.S. Embassy abroad and when they enter the United States on their valid J-1 visa, they are admitted for duration of status (D/S).
To maintain valid J-1 status in the United States, the J-1 exchange visitor must be completing the requisite position with their J-1 sponsor at the specified worksite in the approved position. For J-1 programs that are eligible for extensions, the foreign national exchange visitor’s status can be extended when the SEVP timely issues an updated DS-2019 Form, prior to the expiration of the current J-1 period, extending their period of stay in the United States. A separate application to USCIS requesting an extension of stay is not required.
When a J-1 exchange visitor completes their program, under current rules, they have 30 days after the end of the program to depart the United States.
Alternatively, the J-1 exchange visitor can depart the United States prior to the end date on their DS-2019 (plus 30-day grace period) and apply for a new J-1 visa with a new DS-2019 and enter on their new J-1 visa.
F-1 Students
Fixed Period of Admission
Under the new rule, F-1 students will no longer be admitted into the United States for Duration of Status (D/S). Instead, F-1 students will be admitted into the United States for a fixed period. The fixed period for admission will be the length of program study listed on Form I-20, not to exceed 4 years, plus a 30-day period for arrival and an additional 30-day period for departure.
However, there are limitations for specific areas of study and academic degree programs.
Restrictions on Changes in Educational Level, Changes in Major, & Transfers
Under the new rule, during the first year of study, F-1 students enrolled in programs that are below the graduate level are not authorized to change their educational level, change majors, or transfer schools unless authorized by SEVP for extenuating circumstances.
Students enrolled in graduate degree programs cannot change educational levels or change majors at all during their program of study. Graduate students cannot transfer institutions during their graduate program unless authorized by SEVP under an extenuating circumstances exception.
After the completion of a program of study, F-1 students are prohibited from changing to a program of study at a lower educational level (i.e., moving from a master’s program in business administration to a bachelor’s program in physics); they are also prevented from changing to a program of study at the same educational level (i.e., moving from one bachelor’s degree program to another).
Reduction in Departure Period for F-1 Students
F-1 students now have only 30 days (instead of the prior 60 days) to depart the United States after completion of their program of study or post-completion OPT/STEM OPT extension.
J-1 Exchange Visitors
Fixed Period of Admission
Under the new rule, J-1 exchange visitors will no longer be admitted for Duration of Status (D/S). Instead, J-1 exchange visitors will be admitted into the United States for a fixed period. The fixed period for admission will be the length of program listed on Form DS-2019, not to exceed 4 years, plus an additional 30-day period for departure.
F-1 and J-1 foreign nationals traveling internationally will still need to have a valid F-1 or J-1 visa in their passport to enter the United States. Those who plan to return to their home country at the end of their fixed admission period, and seeking to return on a new / extended I-20 or DS-2019 Form, will need to obtain their respective I-20/DS-2019 through SEVIS, depart the United States before the expiration of their current F-1 or J-1 program, and apply for their new F-1 or J-1 visa at the U.S. Embassy in their home country.
Recognizing that this new rule is a dramatic shift in F-1 and J-1 admissions, DHS has provided guidance for a transition period, for those who are currently present in the United States after having been admitted for Duration of Status.
F-1 Students and J-1 exchange visitors currently in the United States under D/S can remain in the United Status without applying for an extension of stay up to either the program end date on their current I-20 / DS-2019 Form, or November 14, 2030, plus a 60-day (F-1) or 30-day (J-1) departure period, whichever is earlier.
F-1 OPT / STEM OPT Applicants
F-1 students who are currently admitted for D/S, and who have been present in the United States since July 17, 2026 (60 days before the rule takes effect), and who timely file for post-completion OPT or STEM OPT by March 18, 2027, do not need to file a separate application for an extension of stay (Form I-539). These individuals do still need to file an I-765 Application for Employment Authorization Document (EAD).
F-1 to H-1B Cap Petition
F-1 students currently present in the United States for D/S, who have a timely filed H-1B Cap Petition that remains pending after the new rule takes effect, will continue to benefit from the F-1 OPT Cap-Gap protection while their H-1B Cap Petition is pending, and do not need to file an application for an extension of stay while they await adjudication of the H-1B Cap Petition.
Extensions of Stay with USCIS
Under the new rules, F-1 or J-1 foreign nationals will need to file I-539 applications requesting extension of stay, if they wish to remain in the United States longer than their fixed period of admission. Along with the I-539 application for extension of stay, applicants will need to include their new I-20 Form (F-1 students) or DS-2019 (J-1 Exchange Visitors), and evidence that they continue to maintain strong ties in their home countries, have made progress during their course of study/exchange program, have the financial ability to support themselves, and merit a favorable exercise of discretion.
After the transition period (ending March 18, 2027), F-1 students seeking to remain in the United States with post-completion OPT or OPT STEM extension will need to file both an I-539 application for extension of stay and an I-765 application for employment authorization.
240-Day Automatic Extension of Authorized F-1 or J-1 Employment while Extension is Pending
The new rule authorizes an automatic 240-day extension of employment authorization for F-1 students (who are already authorized for employment under CPT, OPT or STEM OPT) and J-1 exchange visitors, while their timely filed I-539 application is pending with USCIS. As long as the I-539 application is filed prior to the expiration of current F-1 or J-1 status, and the applicant was authorized for employment under the terms of the prior F-1 or J-1, they continue to be authorized for employment for up to 240 days while their I-539 extension application is pending with USCIS.
Dependent spouses and children on F-2 or J-2 status in the United States will also be subject to fixed periods of admission rather than D/S and will need to file I-539 applications for extensions of stay, along with the F-1 or J-1 principal. The new rule states that the shortest period granted to any member of the family will be granted to all members of the family.
Considerations for Designated School Officials (DSOs), Responsible Officers (ROs), and Employers of J-1 Exchange Visitors and F-1 OPT/STEM OPT Students
DSOs and ROs will need to develop tracking systems for I-94 expirations for F-1 and J-1 students, and plan for extension of stay applications. Since it can take weeks or months to generate an I-20 or DS-2019 through the SEVIS system, F-1 and J-1 foreign nationals, as well as their respective DSOs and ROs, will need to consider starting the extension of stay process many months prior to the expiration of status.
DSOs and ROs will need to provide clear guidance and instruction to F-1 and J-1 foreign nationals regarding the importance of downloading their I-94 entry records after each entry to ensure they are admitted in the proper status and for the proper length of time as well as updating their DSOs or ROs with that information.
Employers of J-1 Exchange Visitors and F-1 Students on OPT/STEM OPT EADs will need to consider the costs of the I-539 extension of stay application.
Considerations for F-1 Students and J-1 Exchange Visitors
Passport validity. Since admission and extensions of stay can be granted until the earlier of either the end date on the I-20 / DS-2019 Form or the date of expiration of the foreign national’s passport (whichever is shorter), it will be essential that foreign nationals on F or J status and their dependents are vigilant about ensuring their passports are valid for at least as long as their current I-20 or DS-2019 program.
F-1 doctoral students, J-1 physicians, research scholars and teachers may have to apply for an extension of status to be able to complete their programs. This could very well discourage talented foreign nationals from pursuing their advanced degree education and medical training in the United States, and to instead look to other countries for educational opportunities.
F-1 and J-1 foreign nationals will need to pay very close attention to the expiration of their period of stay. Even a single day over the expiration date can render them ineligible to apply for an extension of stay, leading to revocation of their F or J visas, thus making it impossible to return to the United States after a departure and new entry.
The new rule is a dramatic change for F-1 students and J-1 exchange visitors, the officers that administer the F-1 and J-1 programs, and the employers that employ these foreign nationals. The rule does not take effect until September 15, 2026, but all affected stakeholders should start thinking about how they plan to create or modify existing systems to ensure deadlines are tracked appropriately, and they have reasonable expectations about timing of extensions of stay and associated costs.
As always, the team at Kolko & Casey, P.C. is monitoring immigration agency trends locally and nationally and will provide updates as they are available.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Immigration law and policy change rapidly. Always consult an attorney or accredited representative for advice about your specific situation.
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