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

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.

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.

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.

For F/J immigration purposes, program objectives include a student’s major and degree level.

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).

This is the agency stationed at the U.S. border that assesses whether a person may be admitted to the U.S.

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.

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.

Each time you enter the U.S, an electronic I-94 is created. BIO recommends you review and download your I-94 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.)

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.

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.

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.

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.

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.

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.)

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.

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.

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

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.

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)

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

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.

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.

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.

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”.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.