Rule Overview
The rule primarily impacts those on the F-1 and J-1 student and scholar visas and their F-2 and J-2 dependents. The rule includes processes for determining and extending the amount of time a student may study in the US, changing of majors or degree levels for certain student types, transferring between schools in the US for certain student types, and reducing the time available to prepare for and depart the United States following completion of studies or other authorized stay. Although the new rule is set to become effective on September 15, 2026, the regulation includes transition provisions for many current individuals on F and J visas already in the United States.
Prior to September 15, 2026, students and scholars on the F & J visas were admitted to the US until "D/S," meaning they were allowed to continue study until they finished their degree as long as they were making sufficient academic progress and would finish within a reasonable timeframe. Students who were not able to complete their programs by the program end date initially given on their Form I-20 (F visa) or Form DS-2019 (J visa) could be given an extension of their form by a Designated School Official (DSO) in the ISS office.
Beginning September 15, 2026: Upon entry to the US, new students and scholars will be given an "admit until date" (AUD) of four years +30 days after entry, or the Program End Date given on the Form I-20/DS-2019 +30 days, or the End Date printed on the Employment Authorization Document (EAD) +30 days for those on Optional Practical Training (OPT) or STEM OPT, whichever is earlier.*
F visa holders who are inside the US on September 15, 2026, will have an AUD assigned of the Program End Date given on the current Form I-20/DS-2019 +60 days, or the End Date printed on the EAD +60 days for those on OPT or STEM OPT, or four years +60 days, whichever is earlier. Students and scholars who travel outside of the US after September 14, 2026, will have an AUD assigned upon re-entry to the US as described above.
J visa holders who are inside the US on September 15, 2026, will have an AUD assigned of the Program End Date given on their current Form I-20/DS-2019 +30 days, or four years +30 days, whichever is earlier. Students and scholars who travel outside of the US after September 14, 2026, will have an AUD assigned upon re-entry to the US as described above.
*Students participating in English Language Study (UW’s Intensive English Program) are limited to no more than 24 months of language study total. Upon entry to the US, new IEP students will be given an "admit until date" (AUD) of two years +30 days after entry, or the Program End Date given on the Form I-20/DS-2019 +30 days, whichever is earlier. IEP students who are inside the US on September 15, 2026, will have an AUD assigned of the Program End Date given on their current Form I-20/DS-2019 +60 days, or two years +60 days, whichever is earlier. It is unclear what the AUD will be for IEP students who travel outside of the US after September 14, 2026.
AUD Form Examples:
- Form I-20: Program End Date
- Form DS-2019: Program End Date
- OPT/STEM OPT Employment Authorization Document: End Date
- Form I-94: AUD entered by CBP upon arrival to the US
Students and scholars who are not able to complete their program by the AUD will have two options to extend their stay:
- Apply for an Extension of Stay (EOS) to USCIS with a recommendation from ISS. This includes a fee ($420 currently) and potentially lengthy waiting period. Adjudication of the application will be done by USCIS.
- Travel outside of the US with an extended Form I-20/DS-2019 from ISS and have a new AUD assigned by CBP upon re-entry. Travel to Mexico or Canada will not extend AUD except for citizens of Mexico or Canada.
Students and scholars who apply for EOS prior to their program end date would be able to continue study and employment, including assistantships, for 240 days while waiting for EOS approval.
Eligibility Note: Application for EOS is allowed only if the student has never engaged in unauthorized employment. It is not mentioned if this would also be a requirement for extended AUD based on travel and re-entry at the US border.
Prior to September 25, 2026, F visa holders were allowed up to 60 days after completion of a degree or Practical Training to depart the US or take other action to extend their legal stay in the US. Beginning September 15, 2026, F visa holders will be allowed up to 30 days after completion of their degree or Practical Training to depart the US or take other action to extend their legal stay in the US. This is accounted for by the way the AUD is assigned for any student who enters the US (new students or current students who depart and return to the US) after September 15, 2026.
Note: J visa holders currently have a 30-day grace period after completion of degree or scholar activity.
Educational Objectives include major, program/degree level, and school of attendance.
Students on the F-1 visa are not eligible to change their major, change their program/degree level, or transfer between schools during their first academic year in F-1 status. An academic year is defined as a fall/spring or spring/fall. UW students who began study in spring 2026 would be eligible to make changes after the fall 2026 semester.
The rule further limits students in a graduate-level program/degree. Students studying in a graduate-level program/degree are not eligible to change major, change program/degree level, or transfer between schools during their program. After completion of their program (graduation) a graduate-level student is eligible to pursue another degree at the same or a different school. Graduate-level at UW would include master’s or doctoral programs, graduate-level certificates, and PharmD and Juris Doctor programs (until/unless further guidance is received from SEVP or USCIS).
Students on the F-1 visa are not eligible to pursue a lower or lateral-level degree than any degree awarded after September 15, 2026. The rule refers to the NCES list of degree levels, but the NCES list is basic and does not include undergraduate vs. graduate-level certificates, language Pathway Programs, PharmD, JD, LLM, etc. programs. More information is needed from SEVP or USCIS on this issue.
Eligibility Note: Change of educational objectives is allowed only if "the student has not been placed on academic probation or school suspension." It is unclear if this means at the time of the change or at any time during the study/program.
Note: F-2 visa holders are allowed to study part-time and are not subject to the limitations on change of major, change of program/degree level, or transfer between schools, as their study is incident to status and is not reflected in their SEVIS immigration record.
External Resources
- Federal Register – July 17, 2026: Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media
- NAFSA: Duration of Status Rule resource page
- NAFSA: Duration of State Explainer non-technical overview
- International Student Resource Center: Duration of Status (DS) Regulation: News and updates about recent DS regulatory changes
- Presidents’ Alliance on Higher Education and Immigration: Duration of Status Litigation and Resources page
- AILA Featured Issue: Elimination of Duration of Status for F, J, and I Visas page
Disclaimer: All documents, information, and advice provided by ISS staff is given based on details provided to ISS and can vary depending on specific circumstances and laws in effect at the time it is given. Advice or information given to one person should not be considered accurate for others. ISS staff is not responsible for errors or omissions, or for the results obtained from the use of this information.
