Elimination of Duration of Status for F-1/J-1 Students

Please Note: Implementation of the Final Rule to eliminate Duration of Status (D/S) is on pause following a Preliminary Injunction Order issued by the U.S. District Court for the District of Massachusetts on September 14, 2026. The Final Rule is not effective on September 15, 2026 and is ON HOLD. All information on this page reflects the proposed rule, which is on hold pending further action or resolution by the court.

Overview

On Friday, July 17, 2026, DHS published in the Federal Register the final rule “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.”

Beginning September 15, 2026, F and J nonimmigrants will receive a fixed admission end date instead of being admitted for Duration of Status (D/S). The rule also establishes new procedures for requesting an extension of stay through U.S. Citizenship and Immigration Services (USCIS), introduces new academic restrictions for F-1 students, and changes the F-1 grace period from 60 to 30 days.

Effective Date- ON HOLD DUE TO INJUNCTION

The rule was scheduled to go into effect on September 15, 2026 but is currently on pause following a Preliminary Injunction Order issued by the U.S. District Court for the District of Massachusetts on September 14, 2026. The rule is NOT effctive on September 15, 2026. 

All information on this page reflects the proposed rule, which is ON HOLD pending further action or resolution by the court.

Key Provisions:

  • Fixed Period of Admission: The regulations set a fixed authorized period of stay for F and J students up to the program length, not to exceed a 4-year period plus 30 days.
    • F /J status students and dependents who enter the U.S. on or after September 15, 2026 will be provided a period of authorized stay. This period will equal the end date of the current I-20/DS-2019 plus 30 days or 4 years plus 30 days, whichever is shorter.
    • Transition Provision:
      • F or J status students and dependents who are in the U.S. before September 15, 2026 will be transitioned to a period of authorized stay.
      • For F status holders, this period will be equal to either to the end date of the current I-20/DS-2019 or 4 years plus 60 days, whichever is shorter.
      • For J status holders, this period will be equal to either to the end date of the current I-20/DS-2019 or 4 years plus 30 days, whichever is shorter.
    • Extending Your Period of Stay in the U.S.: The new regulations establish two processes for extending your period of stay in the U.S.—including for F-1 students to engage in OPT/STEM OPT. Students may extend their stay in the US either by filing an Extension of Stay (EOS) application with USCIS or by departing and then re-entering the U.S. F-1 students applying for OPT/STEM OPT will be required to apply for employment authorization and also to extend their period of stay in the U.S. Approval of OPT/STEM OPT will no longer automatically include an extension of the period of stay.
    • 240-Day Employment Grace Period During a Pending EOS Application to USCIS: F/J students who chose to extend their period of stay in the U.S. by timely filing an Extension of Stay (EOS) application with USCIS may continue any authorized on-campus employment, F-1 CPT, or J-1 Academic Training for up to 240 days while the EOS application is pending.
    • F-1 grace period changed to 30 days
    • Academic restrictions: The regulations establish new restrictions on F-1 students who wish to change educational objectives (major/degree level) or transfer while in F-1 status.
    • Transition Provisions for F-1 Students on or Applying for OPT/STEM OPT: Students who are in the U.S. before 9/15/26, who do not depart thereafter, and who file an application for OPT/STEM OPT with USCIS by 3/18/27 will not also have to also take action to extend their period of stay in the U.S. If an F-1 student departs the U.S. on or after 9/15/26 before applying for OPT/STEM OPT, upon re-entry to the U.S., this transition provision will not apply to them. This student will have to file an OPT/STEM OPT application with USCIS and will have to extend their period of stay in the U.S.

Upcoming & Past Webinars:

F-1 & J-1 Students: D/S Rule Policy Change

  • 7/29/2026, Wednesday, 3:30 - 5 p.m., Zoom
  • Broad overview of the D/S rule policy change and the impacts to F & J international students. This is the first webinar in an ongoing series.
  • Recording & Slides

For webinars specifically for faculty and staff working with international students, visit the F/J Student Department Page for information on upcoming webinars, as well as past webinar slides and recordings.

Other Resources

Key Terms and Government Agencies

  • Extension of Stay (EOS): This is one method of extending your period of stay in the U.S. F/J status holders may file Form I-539, Extension of Stay (EOS) application with USCIS to extend their periods of stay in the U.S.
  • Admission: For immigration purposes, this official term refers to being allowed to enter the U.S. At the border, Customs and Border (CBP) officers grant people admission into the U.S. For immigration purposes, admission does not generally refer to academic admission to a university.
  • Grace Period: This is the period after your I-20/DS-2019 expires during which you can prepare for departure or take other actions to continue or change your F/J status.
  • Program Objectives: For F/J immigration purposes, program objectives include a student’s major and degree level.
  • United States Citizenship & Immigration Services (USCIS): This is the immigration agency that oversees federal immigration regulations. USCIS also adjudicates visa-holder requests such as applications for OPT/STEM OPT (Form I-765) and applications for Extension of Stay (Form I-539).
  • Customs and Border Protection (CBP): This is the agency stationed at the U.S. border that assesses whether a person may be admitted to the U.S.
  • Student & Exchange Visitor Program (SEVP): This is the U.S. government unit managed by U.S. Immigration and Customs Enforcement (ICE) under the Department of Homeland Security (DHS) that monitors F/J international students and school compliance.
  • Student and Exchange Visitor Information System (SEVIS): This is the U.S. government database run by SEVP that is used to track F/J international student information. See the Understanding SEVIS page.

Key Documents and Dates

  • Form I-94 and the Admit Until Date (AUD): Each time you enter the U.S, an electronic I-94 is created. BIO recommends you review and download your I-94(link is external) each time you enter the U.S. The I-94 includes an Admit Until Date (AUD). The AUD is the amount of time you are allowed to remain in the U.S. in F/J status. Through September 14, 2026, F/J visa holders typically receive an AUD called duration of status (D/S), which allows them to remain in the U.S. indefinitely as long as they maintain F/J status via enrollment or employment. Starting on September 15, 2026, all F/J visa holders admitted to the U.S. will receive a fixed AUD with a specific date. Those in F/J status already in the U.S. on September 15, 2026 will be transitioned to a fixed AUD as well. (These students’ most recent I-94 records will not be updated to reflect the fixed AUD.)
  • Form I-20 or Form DS-2019: Your I-20 or DS-2019 includes a Program End Date. This date is determined by UC Berkeley, and it indicates when the University expects you to complete your degree. Your I-20 or DS-2019 Program End Date may be after your AUD.
  • Visa and Visa Expiration Date: Your visa was issued to you by the Department of State. It governs entry into the U.S. Your visa may expire while you are in the U.S.; this will not affect your ability to remain in the U.S. However, if it is expired and if you depart the U.S., you must apply for and obtain a new visa in order to return to the U.S. The new regulations do not affect visa length or validity.
  • Passport Expiration Date: Your passport must remain valid for at least six months into the future at all times while in the U.S. To extend or renew your passport, contact your country’s local consulate or embassy in the U.S.

Elimination of Duration of Status Frequently Asked Questions (FAQ) for F-1/J-1 Students

General Information & Admit Until Date

Who do these new regulations apply to?

They apply to all F-1 students and F-2 dependents and J-1 exchange visitors and J-2 dependents. There are no country-specific changes or exceptions in the new regulations. 

What’s happening on September 15, 2026?

The rule will become effective on September 15, 2026. On this date, all F and J student status holders will transition to a fixed Admit Until Date (AUD) and new academic restrictions will apply. 

Where can I get a copy of my Form I-94? Do I need to check it every time I travel and enter the U.S.?

Your Form I-94 can be viewed and downloaded from the U.S. Customs and Border Protection website.  Yes, you should review, download and save your I-94 every time you enter the U.S.  Review the document to confirm that your Class of Admission (visa type) and Admit Until Date (AUD) have been recorded correctly. 

I entered the U.S. before 9/15/2026 and I have not exited the U.S. What will my Admit Until Date (AUD) be transitioned to?

On 9/15/26, all F-1 and J-1 students and their dependents will be transitioned to a fixed AUD.
If you are in the U.S. before 9/15/26 and if you do not depart, your AUD will equal the shorter of these two:

F-1 Students:

  • Your I-20 Program End Date + 60 days
  • 4 years + 60 days (Max AUD = 11/14/30)
  • Note that if you enter the U.S. at any point on or after 9/15/26, you will have a 30 day grace period.

J-1 Students:

  • Your DS-2019 Program End Date + 30 days
  • 4 years + 30 days (Max AUD = 10/15/30)

The four-year maximum is calculated from September 15, 2026.

F-1s on OPT/STEM OPT:

  • OPT/STEM OPT: Your OPT/STEM EAD End Date + 60 days

If I enter or re-enter the U.S. on or after 9/15/2026, what will my Admit Until Date be?

Each time you enter the U.S. in F/J status on or after September 15, 2026, you will receive a fixed AUD based on the date of entry.  Your AUD will equal the shorter of these two:

  • Your I-20/DS-2019 Program End Date + 30 days
  • 4 years + 30 days from your Date of Entry

  • F-1s on OPT/STEM OPT:

    • Approved OPT/STEM EAD: Your OPT/STEM EAD End Date + 30 days
    • OPT/STEM EAD still pending with USCIS: Your recommended OPT/STEM OPT dates + 30 days (See the recommended dates on page 2 of your OPT I-20)

If you are a new student entering the U.S. for the first time in the 30 days before  your I-20/DS-2019 Program Start Date- your AUD will be calculated based on your I-20 / DS-2019 Program Start Date, not from the date you enter the U.S.

Examples:

  • A continuing  Master’s Student has an I-20 Program End Date of May 12, 2028. The student exits the U.S. and re-enters on November 30, 2026 after the Thanksgiving holiday. The student’s new AUD will be June 11, 2028 (Program End Date May 12, 2028 + 30 day grace period).
  • A new PhD student has an I-20 Program Start date of August 25, 2027 and Program End Date May 14, 2032. The student enters the U.S. in early August 2027 to begin their new 5 year program. The student’s AUD will be September 17, 2031 ( 4 years + 30 days).  This student departs the U.S. in early Summer 2028 and returns August 1, 2028.  The new AUD will be June 12, 2032 (Program End Date May 14, 2032 + 30 days).

What’s my Grace Period?  Has it Changed?

The grace period is the brief period of time after your I-20/DS-2019 Program End Date that you are given in order to depart the U.S., transfer to a new school or apply for a change of status. Under the new regulations, the grace period for J visa holders will remain 30 days. The grace period for F visa holders will be shortened to 30 days.

Transitional Benefit: F-1 students who are in the U.S. before September 15, 2026 and who do not depart after that may keep their legacy 60-day grace period after graduation. This transitional benefit will end if the student departs the U.S. on or after September 15, 2026 or if the student applies to USCIS for an Extension of Stay (EOS). In these cases, the student will receive a new AUD with a 30-day grace period.

Does this mean F/J students can only stay in the United States for four years even if their degree takes longer?

No. This is a misunderstanding of the regulations. The regulations do not create a four-year limit on F/J status. Rather they require students to extend their stay in the U.S. at the end of their program of study or every four years if their program is longer than four years.  A student can continue in F or J status beyond four years if they continue to maintain status and take steps to extend their period of authorized stay in the U.S.

What is the period of stay for F-2 and J-2 dependents?

The authorized period of stay for F-2 and J-2 dependents cannot exceed the primary F-1 or J-1's AUD. In general, all family members receive the same AUD. However- when an F-2/J-2 dependent turns 21, they will no longer be eligible for F-1/J-2 status. The AUD may be adjusted to reflect the F-2/J-2 age out date.  If the primary F-1 or J-1 must extend their period of stay in the U.S., the F-2/J-2 dependents must do this as well.

How can I extend my period of stay in the U.S. to finish my degree?

Students who wish to extend their period of stay in the U.S. have two options to extend their AUD:

  • Remain in the U.S. and timely file an Extension of Stay (EOS) application with USCIS
  • Depart the U.S. and re-enter

Filing an application for Extension of Stay (EOS) with USCIS is a complex process which includes government required fees.   Travel is not a viable option for students from countries currently under a travel ban.  It may be a risky option for students whose visas have expired and who are concerned about the visa renewal process.

If your EOS application is approved, or if you successfully return to the U.S., your AUD will be updated to the shorter of these two dates:

  • Your I-20/DS-2019 Program End Date + 30 days
  • 4 years + 30 days

Note that an updated AUD does not also extend the validity of your visa.

Transitional Benefits

Does the rule have any transitional benefits for students who were already present in the U.S. on Sept. 15 when the rule becomes effective?

F/J visa holders who are in the U.S. before September 15, 2026 and who remain in the U.S. without departing receive some transitional benefits under the new regulations.

  • F-1 Grace Period: F-1s will retain the current 60-day grace period for departure unless they depart and re-enter the U.S. or file an application for Extension of Stay (EOS) with USCIS.
  • F-1 OPT/STEM OPT: F-1s subject to the transition benefits who file for OPT/STEM OPT by March 18, 2027 may apply for OPT/STEM OPT without also seeking to extend their stay in the U.S.  F-1 students with Summer 2026, Fall 2026, and Spring 2027 Program End Dates could qualify for this benefit.  F-1 students applying for STEM OPT Extension whose OPT EADs expire on or before June 16, 2027 could qualify for this benefit.

Travel

Does BIO advise me to enter the U.S. before September 15, 2026?  Does BIO advise me not to travel after September 15, 2026?

Travel is a personal decision. BIO advises F/J students to enter the U.S. prior to September 15, 2026 in case transition benefits are helpful to them. Students graduating in Summer 2026, Fall 2026 and Spring 2027 are most likely to receive the full transitional benefits.

In general, BIO advises that international travel carries risks for all students due geo-political events, and strict vetting and enforcement at U.S. consulates and at the border. U.S. immigration policies remain subject to rapid change and may be implemented with little notice. Therefore, BIO urges caution when considering international travel for personal or professional reasons.

My F/J visa in my passport has expired, but I am maintaining my F/J status. May I remain in the United States?

Yes. An expired F/J visa stamp 

does not require you to leave the U.S. if you are properly maintaining your F/J status.The visa is one of the entry documents necessary to enter the U.S. Once admitted to the U.S., your lawful status depends on your AUD, not the expiration date printed on your visa. If your F/J visa expires and you exit the U.S., you will need to apply for a new F/J visa to re-enter the U.S.

Exceptions: Canadian citizens do not need F/J visas.

Students who travel to Canada, Mexico or adjacent islands for fewer than 30 days may enter the U.S. with expired F/J visas under the Automatic Visa Revalidation process.

How will the Automatic Visa Revalidation process work on September 15, 2026?  What AUD will I receive if I use Automatic Revalidation?

Automatic Revalidation is a special travel policy which states that an expired nonimmigrant visa (F or J) may be considered “automatically extended” to the date of return to the United States under certain circumstances after visiting Canada, Mexico, or adjacent islands (with the exception of Cuba) for fewer than 30 days.

Note that if you use Automatic Revalidation for re-entry to the U.S. with an expired F/J visa, you will not receive a new AUD at entry. Your AUD will remain what it was before you exited the U.S. It will not be extended based on your re-entry date. The Automatic Revalidation process is not a “work around” for extending the AUD without either applying for EOS with USCIS or traveling and entering the U.S. with a valid visa.

Extension of Stay

How do I file an Extension of Stay (EOS) application with USCIS?

You may file Form I-539 Extension of Stay (EOS) with USCIS to extend your stay without departing the U.S.  If your application is approved, USCIS will issue you a new Form I-94 with an updated AUD.  BIO will be providing updated instructions on how to apply for an Extension of Stay and filing the I-539.

What should I know about filing an Extension of Stay (EOS) application with USCIS if I have F-2/J-2 dependents?

If you have F-2 or J-2 dependents they, too, must extend their stay. Their stay will not automatically be extended just because your own is extended.

Like F-1 and J-1 students, F-2 and J-2 dependents may extend their stay via travel or via EOS application to USCIS. F-2 and J-2 children age out of their status on the day before they turn 21.

Two options for you and your dependents to file for EOS via USCIS:

  • One family EOS application
  • Individual EOS applications

One family EOS application

  • F-1 or J-1 completes paper I-539; pays one fee of $470
  • Dependents each complete paper I-539a at no additional cost
  • All family members receive the same AUD, whichever is shorter:
    • Age-out date of the oldest F-2 or J-2 child + 30 days
    • I-20 or DS-2019 Program End Date + 30 days
      • OR for F-1 OPT/STEM OPT: Your OPT/STEM EAD End Date + 30 days
    • 4 years + 30 days

Individual EOS applications

  • Each F or J individual completes I-539
  • Each individual pays an application fee to file online ($420) or on paper ($470)
  • Each individual will be given their own individual AUD.
    • F-2 or J-2 children aging out would receive an AUD equal to the day before their 21st birthday + 30 days.
    • Other dependents would receive an AUD equal to the F-1 or J-1 AUD.

What are my deadlines for applying for an Extension of Stay (EOS) with USCIS for Academic reasons or transfer to another school or educational level? How does this impact my ability to work on-campus, F-1 CPT, or J-1 Academic training? 

Technically, You must submit a fully completed I-539 to USCIS before the expiration of your AUD, which includes your grace period. (Note that USCIS operates using UTC or Coordinated Universal Time for filing e-forms.) You should likely apply much earlier than that! Here are some other factors that impact your timing:

  • Extended I-20/DS-2019: The fully completed application requires an extended I-20/DS-2019. You must actually request an I-20/DS-2019 Program End date extension before the Program End Date on the I-20/DS-2019. (This process takes BIO up to 5 business days.)
  • F-1 240 Day Extension of Employment (on-campus, CPT): If you are an F-1 and file your EOS with USCIS before the Program End Date of your originally issued I-20 you can continue working up to 240 days past the original I-20 expiration for on-campus employment and any authorized CPT. If you file after the end of your previous I-20, within your grace period you are NOT eligible to continue any on-campus employment or CPT while you wait for the EOS approval.
  • J-1 240 Day Extension of Employment (on-campus employment, Academic Training): If you are a J-1 and file your EOS with USCIS before your AUD you can continue working using your authorized J-1 on-campus employment or Academic Training up to 240 days past the original DS-2019 expiration. If you file before your AUD and on or before March 18, 2027 you can continue working until the expiration date of your extended DS-2019.
  • F-1 Transfer/Change of Level: You must request a Transfer of your I-20/DS-2019 to another U.S. school OR a Change of Educational Level before the end of your AUD and within 30 days of your Program Completion Date, in alignment with new academic restrictions. Keep in mind that it will not likely be possible for you to obtain a new Transfer/COL I-20 before the expiration of your current I-20. Any transfer EOS would not retain the 240 day employment continuation.
  • J-1 Transfer: J-1s must request J-1 Transfer or Change of Educational Level before the expiration of the current DS-2019 (and before expiration of the AUD.)

What are my deadlines for applying for an Extension of Stay with USCIS for OPT or STEM OPT? When can I start working?

Technically, You must submit a fully completed I-539 form to USCIS before the expiration of your AUD, which includes your grace period. (Note that USCIS operates using UTC or Coordinated Universal Time for filing e-forms.) You should likely apply much earlier than that! OPT & STEM Applications also require the submission of a separate I-765 form to USCIS requesting an Employment Authorization Document (EAD card). It’s best to file the I-765 (employment) and the I-539 (EOS) at the same time, but it is possible to file the forms separately.

  • OPT/STEM OPT I-20: The I-765 applications require an updated OPT or STEM OPT I-20. BIO’s processing time is 5 business days!
  • EOS for 12 Month OPT: You cannot begin working until both your EOS and the OPT I-765 application are approved and can then only work during the dates of your OPT EAD. The I-765 can be submitted to USCIS up to 90 days before your Program Completion or up to 30 days after.
  • STEM OPT Extension: The STEM OPT Extension I-765 form must be filed with USCIS before the expiration date of your 12 month OPT EAD card. You can continue working for up to 180 days past your original EAD expiration dates, as long as you have timely filed both your I-765 and the EOS.

How would students extend their AUD via travel?

In this case, an F-1 or J-1 would exit the U.S. prior to their current AUD and re-enter later with an I-20/DS-2019 with a future end date OR with F-1 OPT/STEM OPT documentation. When re-entering the U.S., you would receive a new AUD based on the extended I-20/DS-2019 end date or OPT/STEM documentation + 30 day grace period.

Note: Travel using Automatic Visa Revalidation will not qualify for an extension of the AUD on re-entry. When you re-enter using this special provision you are given the same AUD that you had when you exited the U.S., and you will not be given a new AUD after re-entry.

Can I extend my AUD via travel if my OPT or STEM OPT is pending?

It may be possible. See the OPT section for information about travel while OPT I-765 is pending and risks.

What about F-2/J-2 Dependents? Do they have to extend their stay as well?

Yes! F-2 & J-2s must also apply for EOS or travel, same as F-1/J-1 primary. The F-2/J-2 dependents would need to file the EOS or travel at the same time as the F-1/J-1.

What will be required for an Extension of Stay for academic reasons?

Extensions of Stay will need to show either that you have currently issued I-20/DS-2019 with additional time to complete degree (example: PhD in 6 year program) or provide Documentation showing:

  • Compelling academic reason
  • Documented illness/medical condition
  • Circumstances beyond student’s control ( natural disaster, school closure)

What are compelling academic reasons for an Extension of Stay?

USCIS does not provide an extensive list of academic reasons. For students needing time beyond the normal program length, the regulations state this "A compelling academic reason, such as a change of major or research topic or unexpected research problems. Unexpected research problems are those caused by an unexpected change in faculty advisor, need to refine an investigatory topic based on initial research, research funding delays, and similar issues. Delays including, but not limited to, those caused by academic probation or suspension or a student’s repeated inability or unwillingness to complete his or her course of study are not acceptable reasons for an extension."

Note: Graduate students cannot change major

What if I am on Academic Notice, Probation, or have had prior serious issues with completing my degree?

USCIS indicates that extensions related to delays in degree completion caused by academic probation or repeated unwillingness to complete program requirements will not be approved. BIO is working to understand how this will impact students who have experienced ongoing academic difficulty or current/prior semesters of Academic Notice/Probation.

Academic Restrictions

What are the new F-1 restrictions on changing majors or transferring schools?

The Rule provides new restrictions to F-1s related to Transfer and Change of educational objectives. (J-1s already have existing restrictions.). USCIS defines changes in “educational objectives” as changes in Major or Educational Level. These restrictions become effective 9/15/2026

  • Below Graduate level (Undergrads): No transfer or change of educational objectives during the first academic year of the academic program of the school that issued the I-20.
  • Graduate and Above: No transfer or change of educational objectives “at any point during the program of study”
  • All F-1 students: If you complete a program after September 15, 2026 at one educational level, you cannot change to the same or lower educational level in the future.

I’m an Undergraduate. Can I change my Major or transfer out in my first year at UC Berkeley?

As an undergraduate student, you are only permitted to change your major or transfer your SEVIS record after you complete your first year of enrollment. Transferring or changing major prior to completing your first year of enrollment is not allowed.

I’m a Undergraduate First Year, a new Undergraduate Transfer, or a Readmitted Undergrad (with a new I-20). Can I go from Undeclared to Declared in my first academic year at UC Berkeley? 

BIO is currently looking into this and hoping for better guidance from USCIS. The regulations only state that students may not change educational objectives--meaning Major or level--“within the first academic year of a program of study”.

I’m a Graduate Student. Can I change my major or educational level?

Changing your major or degree level at the graduate level during your ongoing program of study is not allowed. But, if you complete your degree, you could change or transfer to a higher educational level.

I’m a PhD Student and I’m completing a Masters along the way to my PhD. Is that OK?

Yes, so long as you were admitted as a PhD and your degree working toward remains PhD, completing a Masters along the way is not considered a change of major.

  • Example: You are admitted to a PhD in Computer Science. Along the way in year 2 of your PhD program you are awarded an MS in Computer Science. simply completing a Masters

I’m a PhD and I want to “Master Out”--to stop my PhD entirely, change to Master’s level, and receive a Masters degree. Is that OK?

This is not entirely clear. But what seems likely is that you would need to end your F-1 program if you decide to stop the PhD and change to Masters level. You would effectively be withdrawing from the PhD program, and would need to exit the U.S. within 15 days. You would not be eligible for OPT.

I’m a PhD and my faculty is moving to another U.S. school. Can I transfer out to their new school so I can finish my dissertation?

You would need to transfer before 9/15/2026. Otherwise, no you cannot transfer during the course of your PhD program. You may need to work with your new school for alternate visa options.

Can I transfer or change to the same or lower level degree?

This depends on when you completed your previous degree.

  • For degrees completed before September 15, 2026: Academic restrictions on educational level do not apply to degrees that were completed before the effective date of the rule. (So for example, if you completed a Masters degree at another school in 2025, you could begin a new Masters degree at UC Berkeley in 2027.)
  • For degrees completed after September 15, 2026: if you complete a degree after 9/15/26, then you would not be able to change or transfer to the same or lower level.

Example: You complete your UC Berkeley Masters degree in December 2026. You cannot transfer or change your level to a Masters or Lower level.

Employment, OPT & STEM OPT Extension

Does the new rule change employment rules for F-1s or J-1s?

No, employment rules have not changed under the new rule. However, some processes for obtaining employment and deadlines may have changed, such as OPT/STEM OPT.  And for individuals not covered by OPT Transition Provisions, the OPT/STEM OPT process will also include filing for an Extension of Stay.

What will the process be to file for 12 month OPT under the new rule?

OPT requests would require both filing an I-765 with USCIS AND applying for an EOS with USCIS (or extension via travel/re-entry ) .

For 12 month OPT: F-1s must take 3 actions before their AUD expires:

  1. Request an OPT I-20
  2. Submit an I-765 to USCIS for Employment Authorization (EAD card)
  3. Request an EOS with USCIS OR exit the U.S. & re-enter with a new AUD

Concerns:

  • No OPT employment until both the EAD and the EOS are approved.
  • Students may travel while the OPT EAD request/EOS are pending, but travel may be risky.
  • For Extensions via Travel: After travel, your new AUD will be based on recommended or approved OPT end date.
  • If you travel after your Program Completion date and your F-1 visa is expired: It seems likely that you would NOT be able to extend via travel, and you will have to file EOS with USCIS. (If you leave the U.S. after your Program Completion date, you can’t be approved for a new F-1 visa unless your OPT EAD is approved. It’s not clear if the EAD can be approved if you do not have evidence of an EOS or re-entry with an extended AUD on your I-94.)
  • If you are subject to a travel ban: You would not be able to extend via travel, you will have to file EOS with USCIS.

What will the process be to file for F-1 STEM OPT under the new rule?

OPT requests would require both filing an I-765 with USCIS AND applying for an EOS with USCIS (or extension via travel/re-entry ) . F-1s can continue OPT employment for up to 180 days past the OPT EAD expiration while the STEM OPT I-765 is pending, as long as the application/EOS are timely filed.

For STEM OPT Extension: F-1s must take 3 actions before their AUD expires:

  1. Request an OPT STEM I-20
  2. Submit an I-765 to USCIS for the STEM OPT before the original OPT EAD expires
  3. Request an EOS with USCIS OR exit the U.S. & re-enter later with a new AUD

Concerns:

  • No STEM OPT employment beyond the 180 days until both the EAD and the EOS are approved.
  • Students may travel while OPT STEM EAD request/EOS are pending, but travel may be risky.
  • For Extensions via Travel: After travel, your new AUD will be based on recommended or approved OPT STEM end date.
  • If you travel after your OPT EAD end date and your F-1 visa is expired: It seems likely that you would NOT be able to extend via travel, and you will have to file EOS with USCIS. (If you leave the U.S. after your Program Completion date, you can’t be approved for a new F-1 visa unless your OPT EAD is approved. It’s not clear if the EAD can be approved if you do not have evidence of an EOS or re-entry with an extended AUD on your I-94.)
  • If you are subject to a travel ban: You would not be able to extend via travel, you will have to file EOS with USCIS.

Will BIO provide detailed instructions for filing OPT and STEM OPT?

Yes. BIO will be providing full details of processes for OPT & STEM filing on our OPT and STEM  webpages, tutorials, and via webinars. We are still developing these resources as we gather information about the new processes.

I’ve heard that if I am graduating in Summer, 2026, Fall 2026, or Spring 2027 I should not leave the U.S. on or after September 15, 2026. Is this true?

Every student should make their own personal decisions regarding international travel, and weigh the risks and benefits. If you leave the U.S. on or after 9/15/2026, when you re-enter you will no longer qualify for OPT/STEM Transition provisions which make it easier to apply for OPT/STEM OPT. If you are able to remain in the U.S. until you file your OPT or STEM OPT extension, you may be able to benefit from the transition provisions and have an easier and far less complex filing experience. BIO encourages you to seriously consider this, and recommends students utilize Transition Benefits for OPT/STEM OPT. See below.

What are the OPT/STEM OPT Transition Provisions for I-765 Applications filed on or before March 18, 2027?

F-1s who are in the U.S. prior to 9/15/2026 and do not exit/re-enter the U.S. on or after Sept 15, 2026 may qualify for specific OPT/STEM transition provisions. 12 Month OPT: F-1 students completing their degrees in Summer 2026, Fall 2026, and Spring 2027 could qualify for this benefit. STEM OPT: F-1s whose OPT EADs expire on or before June 16, 2027 could qualify for this benefit.

  • If an F-1 student enters the U.S. prior to 9/15/2026 and remains in the U.S. without exit/re-entry and files an I-765 with USCIS for F-1 OPT or F-1 STEM OPT on or before March 18, 2027:
    • They do not need to file a separate EOS with USCIS (or extend via travel)
    • AUD will be automatically extended to the end of the OPT/STEM EAD + 60 days
    • Remember--you can file for OPT up to 90 days before your degree completion. You can file for STEM OPT up to 90 days before your EAD expires.
  • If an F-1 exits the U.S. and re-enters before filing I-765 for OPT/STEM OPT with USCIS: they lose eligibility for the transition provisions. They will be admitted to the U.S. under the fixed end date with 30 day grace period and must follow the new process of I-765 and Extension of Stay.

I qualify for the OPT/STEM transition Provision. Can I travel after I file my I-765 with USCIS, while my OPT/STEM OPT is pending?

It may be possible to travel, but travel may have risk. BIO advises students to remain in the U.S. until the OPT/STEM OPT is approved, if possible. Theoretically if you exit the U.S., and have all required travel documents for OPT re-entry, you should be admitted back into the U.S. with a new AUD of the end date of your recommended OPT/STEM OPT + 30 days. However, you should consider these issues:

  • OPT Travel & Re-entry Before Degree Completion: If you exit the U.S. and re-enter before the end date of your degree program, before the expiration of your I-20, the Customs and Border Protection (CBP) can either grant you a new AUD of the end date of your recommended OPT/STEM OPT + 30 days OR they could choose to only admit you for an AUD of your I-20 Program End Date (end of your degree) + 30 days. We don’t yet know how this will be determined.
  • Visa Expiration: If your F-1 visa is expired, you can only apply for a new F-1 visa with your approved EAD card and proof of employment. You could be stuck outside of the U.S. for a while waiting. If you leave the U.S. after your Program Completion date, you can’t be approved for a new F-1 visa unless your OPT EAD is approved. It’s not clear if the EAD can be approved if you do not have evidence of an EOS or re-entry with an extended AUD on your I-94.
  • Biometrics Issues: It may be difficult for you to comply with USCIS Photo/Biometrics requests from outside the U.S.
  • RFE: If you receive a Request for Evidence, you will need to respond by a specific deadline, which could be difficult from outside the U.S.
  • For post-completion OPT: If you are denied for OPT while outside the United States after your Program Completion Date, you will not be able to re-enter or reapply. Your F-1 status will end.
  • For OPT STEM Extension: If you are denied for OPT STEM Extension while outside the United States after your OPT EAD end date, you will not be able to re-enter or reapply. Your F-1 status will end.
  • Mail/EAD Delivery: You will need to have someone monitor your physical mail and let you know if you receive any communications from USCIS, including your approved EAD. If you are approved for OPT/STEM while outside the United States, you will need to arrange for your EAD card to be sent to you in order to re-enter the United States.

If I exit and re-enter the U.S. on or after Sept 15, 2026, before I file for my OPT/STEM OPT, can I qualify for Transition Provision?

No, you would be required to file for OPT/STEM OPT with the I-765 and an Extension of Stay via USCIS, or Extension by travel.