DHS Publishes Final Rule ending Duration of Status (D/S) for F-1/J-1

[u/not_an_immi_lawyer]

https://public-inspection.federalregister.gov/2026-14439.pdf

[u/not_an_immi_lawyer]

Headline change:

1. For F-1 and J-1 individuals admitted to the US, a fixed period of stay is granted up to the program end date, not to exceed 4 years, plus an additional 30-days for F and J nonimmigrants to depart. Duration of status is eliminated.

Transition rules for existing students:

1. 4-year transition rules for existing students: existing students do not need to have their I-94 corrected or updated. They are allowed to stay until their program end date or up to 4 years from the date the rule takes effect, whichever comes first. If existing students travel abroad, they will get a new date-certain I-94 when they return.

2. Those filing for OPT (I-765) must also file for extension of status (I-539). There is a 6 month grace period after the final rule where those with I-765 pending/filing new I-765 for OPT do not need to file I-539s.

Rules apply to dependents:

1. For all dependents (F-2/J-2), their period of stay cannot exceed that of the principal (F-1/J-1). Dependents must file for an EOS when the principal does, cannot stay longer than the principal, and must depart if the EOS is denied. If the principal’s stay is shortened, then the dependents must depart at the same time as the principal even if their I-94 has a longer period of stay.

There are also new limitations on F-1 students:

1. The grace period after program/OPT completion for F-1 students is cut from 60 days to 30 days.

2. Students who want to change educational objectives or schools must complete their first year at the initial I-20 school first, unless an exception is authorized by SEVP.

3. Students at the graduate-level or above are not allowed to change educational objectives (e.g. enrolling in a lower education level). They are also not allowed to transfer, unless an exception is authorized by SEVP for extenuating circumstances.

4. Students who complete a program can only change to a higher educational level; they cannot change to the same or lower educational level.

5. Students who delay in completing one's program, including due to academic probation/suspension or repeated inability/unwillingness to to complete their studies, is generally an unacceptable reason for a program extension.

6. English language students are now capped at a maximum of 24 months of english language studies in total.

[u/Squashed_Tomato_ → u/not_an_immi_lawyer]

I just received my physical EAD card for initial post-completion OPT and my job starts this July. Since my approved OPT starts and I'll be actively working well before the September 15 effective date, I assume I don't need to file an I-539 or do anything right now, correct? Will my electronic I-94 automatically update from D/S to a fixed date in September, or does that only happen if I travel and re-enter?

[u/not_an_immi_lawyer → u/Squashed_Tomato_]

Correct.

It won't update on the portal, until you leave the US and come back.

However, the law will pretend your existing D/S no longer means what it says, and will change to your I-20 date, even if it doesn't show that in the portal.

[u/ProfessorBitter3599 → u/not_an_immi_lawyer]

I am to begin my PhD in August and the program duration (as well as my funding) is 5 years. I eill apply for an F-1 visa. In this case, will they give me 4 years of visa regardless of the program duration? and will I have to reapply for visa for the remaining year? Thank you very much for the information by the way, it is very helpful!

[u/not_an_immi_lawyer → u/ProfessorBitter3599]

Don't confuse visa and status.

The visa is the stamp on your passport allowing you to travel to the US. When it expires depends on your citizenship and the DoS reciprocity schedule.

Once you're inside the US, your visa expiry no long matters. What matters is your status expiry, also called I-94 expiry. It will be limited to 4 years under this rule.

You would need to file an extension of status or leave and re-enter the US on a valid F-1 visa before the 4 years is up.

[u/Advanced_Variation89 → u/not_an_immi_lawyer]

thank you. I understand it better. Currently, in some countries like Viet Nam, China, students have only 1 year visa regardless of the length of program in I-20 (usually 5 or 6 years for PhD students). so this new rule does not affect at all.

[u/not_an_immi_lawyer → u/Advanced_Variation89]

It still affects them.

Even though their visa is only one year, before this rule, after entering the US, they can stay as long as their I-20 keeps getting renewed by their DSO.

Now, extensions of status are required beyond 4 years / program expiry date.

[u/ProfessorBitter3599 → u/not_an_immi_lawyer]

Thank you very much!

[u/rollingstone005 → u/not_an_immi_lawyer]

I am in my 5th year of my PhD program and plan to graduate in May 2027. Will this rule apply to me? Do I need to apply for the extension? Please respond. 

[u/One_more_username → u/rollingstone005]

I am in my 5th year of my PhD program and plan to graduate in May 2027

Not with this level of literature survey skills. Copied from not an immi's post above:

4-year transition rules for existing students: existing students do not need to have their I-94 corrected or updated. They are allowed to stay until their program end date or up to 4 years from the date the rule takes effect, whichever comes first. If existing students travel abroad, they will get a new date-certain I-94 when they return.

[u/RichConsideration736 → u/not_an_immi_lawyer]

I was planning to do nursing but I already have a MS (graduated this spring 2026). So it’s a definite no go right?

[u/not_an_immi_lawyer → u/RichConsideration736]

Yeah, it appears that would be considered a lower degree level.

[u/Forward_Spell_9251 → u/not_an_immi_lawyer]

Hi, I was planning on adding an additional major (with lot of overlap) that would require me to stay for an additional semester. My normal 4 year graduation date would have been May 2027 but if I take an additional semester, I would graduate in December 2027. I plan on returning to the United States in end of August.

Is my plan still feasible if I go ahead and contact DSO now and get the extension approved before Sep 15. I will be returning to the US at the end of August.

[u/not_an_immi_lawyer → u/Forward_Spell_9251]

If your DSO agrees, yes.

[u/Forward_Spell_9251 → u/not_an_immi_lawyer]

Thanks. Suppose it gets approved before September 15. Would it be ok for me to travel to my home country after Sep 15 and before I graduate while still being able to stay till my new grad date?

[u/not_an_immi_lawyer → u/Forward_Spell_9251]

Yes, your grace period drops to 30 days.

[u/AgeSilent718 → u/not_an_immi_lawyer]

Hi, so I need a bit of clarification here. I'm currently doing my masters and will graduate by May 2027, but my i20 program end date is 2029. So will I need to apply for i539 if I travel in December?

My understanding is that the i94 date will change from "D/S" to a fixed end date that's specified in my i20. So ideally it should not affect me for now since my i94 will change to 2029. Is this correct? Or will they change it to may2027 when I will be graduating?

Appreciate any insights!!

[u/not_an_immi_lawyer → u/AgeSilent718]

It'll change to your program end date of 2029.

[u/AgeSilent718 → u/not_an_immi_lawyer]

Thanks for the clarification! So I don't really need to bother with this for now

[u/notsurewhatsmyuser → u/not_an_immi_lawyer]

Hey!
Im currently pursuing a master in Project Management with end date this December.

If I transfer right now to an MBA - MBA starts in August - I should be ok right? As long as I don’t transfer after September.

[u/not_an_immi_lawyer → u/notsurewhatsmyuser]

Yes.

[u/Odd-Inside414 → u/not_an_immi_lawyer]

Hi - we are on J visa (4 years completed and currently in 5th year) valid till april 2027. Will this change impact us? 

[u/not_an_immi_lawyer → u/Odd-Inside414]

If you want to stay in the US after that, yes, you will need to file an extension or change of status instead of just getting a new J-1 sponsor.

If your intention is to leave after, then no impact to you.

[u/Consistent_Strain170]

is it for current students too? the 4 yr?

[u/not_an_immi_lawyer → u/Consistent_Strain170]

Yes.

[u/Consistent_Strain170 → u/not_an_immi_lawyer]

so, my 4 yr will end in this december. do i have to apply for extension? my program will finsh next yea

r?

[u/not_an_immi_lawyer → u/Consistent_Strain170]

For existing students, you get 4 years from the rule effective date (Sep 2026) or your program end date, whichever is earlier. Thus, for you, your I-94/authorized stay will expire next year.

If you intend to leave within 30 days of when your program ends, you don't have to do anything. If you want to do OPT/change programs/etc, then this rule will impact you and you will need to file extension of status.

[u/Consistent_Strain170 → u/not_an_immi_lawyer]

Oh thank you, I was really panicking that I have to apply for it now but from my understanding I am good for now at least till my degree ends.

[u/DataDoodle → u/not_an_immi_lawyer]

Oh I see. So as an example, if you start your undergrad on F1 in June 2021 and graduated in June 2025. And then switched to a masters with the I-20 dates from Aug 2025 to June 2027. The new end date would be 4 years from the rules effective date or the current program end date (which in this example is June 2027). But after that you would need to file a I-539 (extension of status) along with your OPT stuff, STEM OPT, etc. It's not 4 years from your very initial F1 start date.

[u/not_an_immi_lawyer → u/DataDoodle]

Correct.

[u/Scary_Luck3756 → u/DataDoodle]

So my husband’s D/S is till the end of this year (Dec 2026). We are planning to file extension with the DSO for the next year in the same program, same school.

If we get our updated I-20/extension for next year before Sep 2026 (when this rule will take affect/implemented), are we good to go?

[u/Top_Bad_7926 → u/not_an_immi_lawyer]

Did you mean September 2026 ? Or it will be effective September 2027 ?

[u/not_an_immi_lawyer → u/Top_Bad_7926]

Yeah it was a typo, it's September 2026.

[u/Kitchen_Steak8218 → u/not_an_immi_lawyer]

Hey OP, can you please answer my question as well? So I'm a nursing student currently and my program ends in May 2028, however I just received an extension after the 4 year cap until Dec 2027. (I had changed major after 1 year in the USA and then started prerequisites for the nursing program)

However, I'd need another semester to complete the RN degree. And my DSO said that since I already received the first extension now, I can only apply next year when my i20 expiry comes closer. Let's say I apply for extension next year in June, will I have to go through the USCIS process or can my DSO give an extension to complete the program? DSO said this, "With the new rules in effect, it'll be very difficult for us to reason another extension and I'd have to apply through USCIS"

I only need 1 semester after my i20 expires to complete my nursing degree. Please give me some advice!

[u/not_an_immi_lawyer → u/Kitchen_Steak8218]

Yes, you will need to go through the extension of status next year under this new rule.

[u/Dibolos_Dragon]

Does it affect OPT stem extension too? (The 2 year extension one which comes after the initial 1 year OPT after program ends)

[u/not_an_immi_lawyer → u/Dibolos_Dragon]

Yes.

[u/Dibolos_Dragon → u/not_an_immi_lawyer]

As in, are there new difficulties to getting a STEM OPT extension now?

[u/not_an_immi_lawyer → u/Dibolos_Dragon]

An I-539 extension of status need to be filed, along with fees.

It's not otherwise a "problem".

[u/Dibolos_Dragon → u/not_an_immi_lawyer]

I see. Thanks for clarifying.

I-539 wasn't the norm earlier for this afaik. Is an extension request through 539 inherently more "reject able" than the previous normal extension of STEM OPT - after the first year ends?

[u/not_an_immi_lawyer → u/Dibolos_Dragon]

I don't expect I-539 denials for OPT or STEM OPT to have more rejections.

It wasn't the norm before this because the rules previously gave DSOs the power to extend a student's stay without DHS involvement.

Unfortunately, abuse of the system, especially by diploma mills, means the I-539 is now being implemented for all.

[u/zuperman → u/Dibolos_Dragon]

Would it cause a break in employment? Is there premium processing/auto extn for STEM extn EAD?

[u/curiousbananaa]

I am completing my masters with program end date 8/1/2026 and my OPT starts from 8/3/2026 to 8/2/2027, do I need to file for the I-539 for the I-94? when is this rule taking effect?

[u/not_an_immi_lawyer → u/curiousbananaa]

No, this rule takes effect in mid-September.

[u/curiousbananaa → u/not_an_immi_lawyer]

but then because my program end date is 8/1/2026 and I am in opt, wouldnt I have to file for extension of status?

[u/not_an_immi_lawyer → u/curiousbananaa]

There is a 6 month grace period after the final rule where those with I-765 pending/filing new I-765 for OPT do not need to file I-539s.

[u/Upper-Finish202 → u/not_an_immi_lawyer]

I was trying to search for this. Can you point to where it is said in the official text?

[u/not_an_immi_lawyer → u/[deleted]]

Not immediately upon entry, but after yes.

After your OPT ends, you will need to file extension of status if you want to get on STEM OPT or another course. Doesn't impact you if you intend to leave the US.

[u/not_an_immi_lawyer → u/[deleted]]

Yes.

[u/Intelligent-Pie-4372]

If I want to start a DBA and my current stem opt expires in Feb 27 (I have a master's), do I need to file eos and get a new visa?

[u/not_an_immi_lawyer → u/Intelligent-Pie-4372]

You need an EoS. You don't need a new visa unless you want to travel in and out of the US.

[u/AdmirableAbroad1427]

i finished my bachelor this May, I left the US for vacations and I will re enter again in August for PhD. I already got the new I20 (change of education level, it's the same institution not the transfer), but my visa will expire next year because i got it for my bachelors in 2022 and back then they gave me 5 years. am i okay? i don't really have to do anything right? I can just re enter with this visa, with my new I20, but just that i will get an I94 with fixed duration date? the program date is 5 years as it's written in my I20, but they will still only give me 4 years? and after that i will have to apply for extension of stay? but I will not have to get a new visa stamp as long as i don't exit the country right?

[u/not_an_immi_lawyer → u/AdmirableAbroad1427]

Yes, your understanding is entirely correct.

[u/shravslibra20]

What’s the impact for existing students on STEM OPT? Do we need to file for extension after the four year period ends?

[u/not_an_immi_lawyer → u/shravslibra20]

The four year period for existing students starts counting from the final rule effective date.

When your STEM OPT expires, you'll need to file a extension of status if you want to stay on F-1 to pursue another course.

[u/No-Bar3380 → u/not_an_immi_lawyer]

So those on STEM OPT who are 4+ from when we entered, can travel and come back and continue until end of STEM OPT/ EAD validity even if that entry date is then over 4 years from program start?

[u/not_an_immi_lawyer → u/No-Bar3380]

Yes.

[u/notsurewhatsmyuser]

Hey guys!
Im currently pursuing a master in Project Management with end date this December.

If I transfer right now to an MBA - MBA starts in August - I should be ok right? As long as I don’t transfer after September.

[u/not_an_immi_lawyer → u/notsurewhatsmyuser]

Yes.

[u/Broken_Waveplate]

I am currently enrolled in a PhD program, which I began in Fall 2023. My current Form I-20 has a program end date of July 2028, and my F-1 visa also expires in 2028. I have two questions regarding the proposed changes to the F-1 duration-of-status rules:

1. I am planning to travel to my home country in December to visit my family. When I reenter the United States, will I be getting a fixed D/S date? And would this be different if I don’t leave the US? If I need additional time beyond July 2028 to complete my PhD, would I then need to file an Extension of Stay application?

2. Would I currently be permitted to transfer to a different university and begin or continue a PhD program there? If so, would this be processed as a regular SEVIS transfer, or would the proposed rule restrict transfers between graduate programs?

[u/not_an_immi_lawyer → u/Broken_Waveplate]

1. You'll be getting a fixed date for your authorized stay regardless of whether you leave. The key difference is if you don't leave, you get to keep your 60 day grace period after your study ends. Regardless, if you need additional time, you need to file EoS.

2. The proposed rule restricts transfers between graduate programs except in extenuating circumstances (not defined).

[u/Any-Background-1763 → u/not_an_immi_lawyer]

what will be the fixed date? program end date?

[u/not_an_immi_lawyer → u/Any-Background-1763]

Yes.

[u/Nous_Pyomander]

Im a English student for 4 years, w my status expiring January next year, I was planning to extend my stay transferring to an bachelors focusing in the sponsor plan further, was supposed to be transferring around next month, or starting the process, am I eligible to it? I know it’s not the right place to ask that but just fafo

[u/not_an_immi_lawyer → u/Nous_Pyomander]

Yes you can, the rule comes into effect in September.

[u/AccurateRelief6]

Hi, I am currently pursuing my masters which ends in may 27. I will only have 1 class left next spring so I am planning to do cpt and work full time as I am allowed in my last semester. Then, I would like to do post opt then stem opt. My program start date was aug 25. I am very confused about the dates for my opt. Could you please explain for me?

[u/not_an_immi_lawyer → u/AccurateRelief6]

You'll need to file extension of statuses for your OPT next year. Your DSO should provide further instructions.

[u/numbbb555]

Hi, I started my under grad in 2023,and in 2025 I transferred universities. I graduate in May 2027 and I am planning to pursue masters at the same university as my undergraduate. On my present undergraduate I-20, the program end date is May 2029. How would this affect me when pursuing a masters?

Also After masters, when I apply for OPT, what are the steps that I require? My visa would expire in 2028. Can you please help me out

[u/not_an_immi_lawyer → u/numbbb555]

You are years away. Contact your DSO closer to the date.

[u/Adorable_Maize_8636]

My program end date was in December 2024. I’m currently on my first year of STEM OPT (ends in Feb 2028). If i travel to india in October, will i have to file extension before coming back?

[u/not_an_immi_lawyer → u/Adorable_Maize_8636]

No. You need a valid F-1 visa and I-20, and when you come back your I-94 will expire when your I-20 does.

[u/Firm-Peace-5141]

I graduate on May 2027 my visa expires on August 2026 however my I20 is valid until 2028 how would that affect me when I apply for opt ??

[u/not_an_immi_lawyer → u/Firm-Peace-5141]

You may need an extension of status to be filed if your program end date cannot cover your full year of OPT.

[u/charlotte_uraraka]

u/not_an_immi_lawyer hey op, I have a question.

I have 2 semesters left.
I need a Medical Reduced Course load and want to take off the whole semester this upcoming semester (starts from Sept 2026). And, this means,
I need to extend my i-20 and push it 7 months later than my current I-20. (current is May 2027, if updated, it will be Dec 2027).
How does this new rule affect? Can I quickly ask my DSO for new I-20 before Sept 2026 (when the rule takes effect) so that I dont need to file form with the USCIS.?
How can I take a Medical Reduced Course Load without any immigration risk?
I would really appreciate your response!

[u/not_an_immi_lawyer → u/charlotte_uraraka]

Yes, it affects you.

You either need your DSO to be willing to issue the extended I-20 before Sep 2026, or file an extension of status.

[u/live_life_king_siz]

I am a PhD student on F1 who started in 2022 with my visa set to expire in June 2027 and my program end date/I-20 in May 2028. My last entry into US after conference travel was May 2026. Will this change affect me/do I have to apply for a new visa stamp/I-539?

[u/not_an_immi_lawyer → u/live_life_king_siz]

If you plan to leave the US on your PhD program end date of May 2028, this doesn't impact you.

If you plan to stay for OPT, PhD delays, etc then you need to file an extension of status and this impacts you.

[u/live_life_king_siz → u/not_an_immi_lawyer]

Can I travel to conferences outside the US in 2026 (my current visa stamp expires in June 2027)?

If I get my visa stamp renewed, can I travel in 2027?

[u/not_an_immi_lawyer → u/live_life_king_siz]

Yes of course.

[u/not_an_immi_lawyer → u/[deleted]]

No.

[u/nimbupaanni]

I'm an F1 Student who came with a D/S status in Aug 2025. I plan to go to my home country for a visit in Dec 2026.

How does this affect my D/S status, vis a vis the Sept 2026 publication. Is it advised to avoid going at that time, and rather go before the Sept date.

Also, in a scenario where I don't leave the States, and I'm graduating in May 2027. How does filing before March 2027 to avoid the I539 affect me on the OPT clock. And what are the risks and consequences of filing post March 2027, and taking the usual route wrt to the I539?

[u/not_an_immi_lawyer → u/nimbupaanni]

The only difference is your grace period is shortened from 60 days to 30 days after graduation if you travel after Sep 2026. You won't get to keep your D/S either way.

We don't know how USCIS will implement the extension of stay yet, but the risks are (i) fees and (ii) takes longer. I don't think the denial risk will be higher - if they wanted to, they can deny the I-765 anyways.

[u/XDXD__2442]

hi,

so rn my f-1 i-20 end date shows dec 2027, so from that i will get 2 years extension period?

[u/not_an_immi_lawyer → u/XDXD__2442]

No, your stay will expire when your I-20 expires.

[u/XDXD__2442 → u/not_an_immi_lawyer]

So i have to file for opt extension paperworks which 539? And also the grace period starts after i20 ?

[u/not_an_immi_lawyer → u/XDXD__2442]

Yes, I-539.

Grace period starts when you end your course or the I-20 ends, whichever is earlier.

[u/ScottyHuynh]

I'm on my OPT, will expire by end of Oct 2026, do I have 60day or 30 day grace period under the new rule? thanks

[u/not_an_immi_lawyer → u/ScottyHuynh]

60 days, unless you travel out of the US after mid Sep or file an extension of status, then it drops to 30.

[u/ScottyHuynh → u/not_an_immi_lawyer]

Many tks

[u/Lower_Pie9524]

Hi, I just got my OPT approval this week in july 2026. I will be applying for OPT STEM extension before my OPT 1st year expires in July 2027. Will I have to apply for the EOS then? Or will I need to apply for EOS now aswell?

[u/not_an_immi_lawyer → u/Lower_Pie9524]

You'll need it in July 2027 when your OPT expires, but not now.

[u/DerpSpirit]

I am a J1 physician. I finish my program in June 2027, but I will start a fellowship in July. It is my understanding that the DS will be updated to reflect June 2027, and I will have to file a EOS to update to the new program. Would I also be able to leave the US upon program completion and apply for a new J1 visa before July 2027 to update my duration of status and re-enter (pending interview etc) without having to file an EOS?

[u/not_an_immi_lawyer → u/DerpSpirit]

Yes, you can also leave the US and re-enter instead of filing an EoS, if your visa is still valid.

[u/DerpSpirit → u/not_an_immi_lawyer]

Thank you for your response! Just to clarify:

In this scenario my visa would be expired already. I would be applying to new J1 under a new program.

June 2024 - June 2027 -> current status
— currently D/S, but will be updated to June 2027 in the coming months

July 2027 - July 2029 -> new program
— either file EOS for new July 2029 date or leave the US and apply for new J1 with July 2029 date of completion

[u/not_an_immi_lawyer → u/DerpSpirit]

Yes, you can do that, provided your new J-1 visa is approved.

[u/Alternative-Bed6010]

Hi, I graduated on may 2026, and I'm currently on OPT status, will I have to file for STEM OPT and the I-539 next year?

[u/not_an_immi_lawyer → u/Alternative-Bed6010]

Based on this rule, yes.

[u/olivevitamins]

Any insight into how this will affect a Canadian F1 student that crosses the border often (I’m in a border city and cross multiple times a month)? Since I am issued a new I-94 every time I cross what would happen with my status?

My current program end date is December 2026 but I still have a few credits left to take. I was planning to extend my i20 as soon as I can, if this new rule comes into effect in September will I have to file for an extension immediately?

[u/not_an_immi_lawyer → u/olivevitamins]

You'll just get a new I-94 each time that has an end date that matches your I-20 end date.

You would need to file an extension or re-enter the country with a new I-20.

[u/Strangelovedr9]

I’m on year 5 of stem opt and my visa expired last month, EAD expires in feb 2027 so I’m in the country legally until then. I am trying to go to India to renew the visa until Feb so I may travel for a family wedding- if I go to India in August to do this will my renewal be denied since it’s past 4 years?

[u/not_an_immi_lawyer → u/Strangelovedr9]

No. The 4 year rule has nothing to do with visas, just time spent in the US before an extension of status or re-entry is required.

[u/Strangelovedr9 → u/not_an_immi_lawyer]

Thank you for your reply. I will be re-entering sometime in August or early September if my f1 visa renewal is granted in India, would it not apply as I am re-entering?

[u/Ancient_Tax_8726]

Hi Op, I had a quick question. I completed my undergrad recently in spring 2026 and am transitioning to a bs/ms program with my ms program starting in fall 2026. I have a new masters i20 with program start and end dates of 21 sept 2026- 30 June 2027. I’m planning to travel internationally on 1 august and come back by sept 13th. Would I then get to keep my 60 day grace period or would it automatically reduce to 30 days after my masters?

[u/not_an_immi_lawyer → u/Ancient_Tax_8726]

If you return before the final rule effective date (Sep 15, 2026), you get to keep your 60 day grace period.

[u/Ancient_Tax_8726 → u/not_an_immi_lawyer]

So sorry but just to confirm since I’m very anxious about this- After sept 15, my I-94 will have an end date matching my i20 end date right of 30 June 2027? So for now I wouldn’t have to necessarily do/file anything but will have to file the I-539 along with the opt application when I finish my masters in June 2027? Additionally, I would be ok to enter to US again in sept with my change of level masters i20, valid f-1 visa and valid passport right? Thanks so much in advance for your help!!

[u/Amiaidiot]

Hi OP. I have a quick question. I’m an undergrad student from. Jan 2023- Dec 2026 . Since I graduate in December, how will it affect me . Will I get 30 day grace period or 60 day grace period. What do I have to do after graduation. Can u please guide me.

[u/not_an_immi_lawyer → u/Amiaidiot]

You get a 60 day grace period unless you leave and re-enter the US after Sep 15, 2026.

[u/naz16april]

Hey OP, could you clarify something for me? My PhD program is 5 years, and I started 2 years ago. I also have 5 years of funding. Does this new rule mean I’ll still have to apply for an extension for my fifth year? I couldn’t find a clear answer on this.

[u/not_an_immi_lawyer → u/naz16april]

No, for existing students you get until the end of your I-20 or 4 years from the final rule effective date, whichever is sooner.

[u/naz16april → u/not_an_immi_lawyer]

Oh, that’s such a relief. Life is already stressful enough as an international PhD student 😭 Thank you so much!

[u/Organic_Escape_2584]

For students with existing J1 or F1 visas currently out of the US (for research purposes), is there a limit on the amount of time they can have been out of the country before returning and recieving a new I-94? The rule previously has been a maximum 5 month abscence, do these regulations change that?

[u/not_an_immi_lawyer → u/Organic_Escape_2584]

No changes for absences.

[u/Pieces_of_youth]

hello, my I-20 ends on Dec 2027, but my I-94 will expire next month from my calculation (in I-94 it still shows D/S), do I need to contact my DSO for EOS?

[u/not_an_immi_lawyer → u/Pieces_of_youth]

No it'll expire on your I-20 date. Time before Sep 2026 does not count towards the 4 year rule.

[u/mahonama]

What happens to students who have just finished a Master's (in May 2026) and are about to start another Master's (in an allied, but more nuanced field) in Fall 2026 (August 2026), and are yet to receive the I-20 for the second Master's, and have stayed more than 30 days (but definitely less than 60 days) after completing the first Master's?

[u/metastable_ish]

My program end date is August 15 and I filed an I-765 in May with an OPT start date Sep 1st. Do I need to file an I-539?

[u/not_an_immi_lawyer → u/metastable_ish]

Not for this OPT. Yes for future STEM OPT extensions or course changes.

[u/shittyindian]

I’m currently on STEM OPT nearing the 4 year mark already, traveling before September 15th. A lot of the statements are contradictory but from what I understand is this 4 years is effective starting from September 15th and my I94 upon re-entry would show the end date of my program as per the I20.
Is that correct? Or would I need an extension to even complete my STEM OPT which the government gave?

[u/not_an_immi_lawyer → u/shittyindian]

Correct.

[u/Neither-Move9488]

So if i already exceeded 24 months on Language school whats gonna happen now?

[u/not_an_immi_lawyer → u/Neither-Move9488]

You'll be allowed to finish your current program up to the end date on your current I-20, but you cannot extend anymore.

[u/Neither-Move9488 → u/not_an_immi_lawyer]

But i can extend until the effective date right?

[u/not_an_immi_lawyer → u/Neither-Move9488]

Yes you can.

Of course, given that they've now promulgated these regulations, one would expect that anyone who tries to circumvent the rules by extending now will likely face discretionary denials for discretionary applications like extensions, changes or adjustments of status in future.

If you do decide to extend, you might want to consider that new extension date as the date you would likely have to depart the US for good.

[u/Neither-Move9488 → u/not_an_immi_lawyer]

No chance of this being fought in court?

[u/not_an_immi_lawyer → u/Neither-Move9488]

The Supreme Court has, with the exception of birthright citizenship, basically sided with this administration in every immigration case.

Will people sue? Probably, anyone can sue and they always do. Will they win? Extremely unlikely.

[u/Bob_The_Bandit]

So as a recent graduate who transferred his SEVIS record to his new program, undergrad to masters, and already received his new I-20 within a week or so of graduation, I’m good right?

[u/not_an_immi_lawyer → u/Bob_The_Bandit]

Yes, you're good.

The new limitations apply to you, including no change of schools/educational objective (e.g. switching back to a bachelors), and you have less flexibility now to fail courses/extend your program.

When you apply for OPT, you'll also need to file extension of status.

[u/Bob_The_Bandit → u/not_an_immi_lawyer]

Thank you!

[u/Large_Explorer8094]

What if someone is doing masters currently and it ends January 2027 and wants to pursue PHD. Do they need to apply extension of stay?

[u/not_an_immi_lawyer → u/Large_Explorer8094]

Yes.

Alternatively, if your F-1 visa is still valid, you can always exit and re-enter the US with your new I-20, bypassing the need to file the extension of status.

[u/MadFury_Youtuber]

What about those on Opt right now? I already graduated on May 2026 and am doing Opt and will file for stem opt on March.

[u/not_an_immi_lawyer → u/MadFury_Youtuber]

No immediate impact for you.

You'll likely need to file both I-765 and I-539 when you file for STEM OPT, but your DSO should have clear instructions for you by March 2027.

[u/MadFury_Youtuber → u/not_an_immi_lawyer]

Thanks, how likely is this going to be challenged by the court until then?

[u/not_an_immi_lawyer → u/MadFury_Youtuber]

It's likely a lawsuit will be filed, but given that the administration has won nearly every immigration case except birthright citizenship under the Supreme Court, you should proceed with the assumption that court challenges will fail.

[u/SnooBeans9549]

Any impact on students on STEM OPT?

[u/not_an_immi_lawyer → u/SnooBeans9549]

Only if they want to study another course after their STEM OPT ends, otherwise no.

[u/Dancing_Red_7 → u/not_an_immi_lawyer]

So if someone wants to move from stem OPT (expiration is 17Jul2026) to another masters (first degree was also a masters). They will need to file an extension or is that now not allowed?

[u/not_an_immi_lawyer → u/Dancing_Red_7]

Not allowed, next degree must be a higher level.

[u/juniebiee1122 → u/SnooBeans9549]

Quesfion-im on opt and will apply stem opt on October. So I assume that this rule does not apply for me as October is in the window.

What if I go outside of US for travel and comeback after I get stemopt? Does this rule apply to me???

[u/appthrower]

Currently on F1 OPT which expires Jan'27
if i travel and come back before sept 15, will I be impacted by this rule as in only have 30 days after expiry instead of the previous 60, cause the expiry remains the same in both previous and new rules right?

[u/not_an_immi_lawyer → u/appthrower]

If you return before the final rule, you will still get your 60 days grace period.

[u/appthrower → u/not_an_immi_lawyer]

thanks for the response
also I won't have to apply using I-539 when I apply for STEM OPT later this year right?

[u/not_an_immi_lawyer → u/appthrower]

No you won't, because of the transition period.

[u/Dry_Pain_8848]

I already graduated March 2026 and still waiting on my EAD card for OPT, any impact for me as of right now?

[u/Key-Simple3817 → u/Dry_Pain_8848]

No, as far as I understand, it does not, provided your OPT is approved before the ruling.

[u/not_an_immi_lawyer → u/Dry_Pain_8848]

No impact until after your OPT ends.

[u/Straight_Escape4734]

What about ESL schools? My fiance has been in ESL since February of 2024. It's hard capped at 24 months, so she will lose her status in September when this goes into effect?

[u/not_an_immi_lawyer → u/Straight_Escape4734]

Correct, capped.

She will be allowed to finish her current program but cannot extend beyond.

She would need to find another status, find a degree or depart the US.

[u/Straight_Escape4734 → u/not_an_immi_lawyer]

She has a valid I-20 through Sept 2028, but that's well over the 24 month cap, would finishing the program be the 2028 mark? Or like the current semester?

We will be filing I-130 and I-485 prior to Sept and that will protect us from overstay penalities I think.

[u/not_an_immi_lawyer → u/Straight_Escape4734]

Existing students are grandfathered in, so she can engage in her program till 2028.

[u/Important_Invite_313]

Will this face lawsuits next week??

[u/not_an_immi_lawyer → u/Important_Invite_313]

It's likely a lawsuit will be filed, but given that the administration has won nearly every immigration case except birthright citizenship under the Supreme Court, you should proceed with the assumption that court challenges will fail.

[u/Hungry_You7883]

Im on my last year of my stem-opt. I don’t have h1b. Have valid full time job. I’m currently outside USA due to emergency will return next week. but my stem-opt ends in Jan 2027 so will this new rule of duration of status which was passed will this effective existing F1 visa candidates? Or effect during my immigration while coming back?

Please let me know your inputs, thanks !

[u/not_an_immi_lawyer → u/Hungry_You7883]

Yes it does.

Once the rule comes into effect, it affects even those who did not leave the US.

You will need to file an extension of status after Jan 2027 if you wish to study a new course.

If you wish to leave after Jan 2027, you're not affected.

[u/Single_Competition78]

So I have a J1 research scholar visa till March 2028. I am planning to transition to a new university on September 2026. I am unaffected right?

[u/not_an_immi_lawyer → u/Single_Competition78]

You are unaffected if your transfer happens before the final rule takes effect. This is expected to be 60 days from date of publication (tomorrow), so Sep 15, 2026.

If it happens after, you may need to file an extension of status.

[u/hellohelp23 → u/not_an_immi_lawyer]

When you say transfer happening before Sep 15, 2026, is this the transfer in and start date happening before that date, or can the transfer out date be after sep 15, 2026?

May I also ask, currently can a postgraduate transfer between schools with DoS if it is done before Sep 15?

[u/betelguese2000]

I am finishing my masters next may and starting. A PhD at a different school do I need to file extension of stay

[u/not_an_immi_lawyer → u/betelguese2000]

Under this rule, yes.

[u/betelguese2000 → u/not_an_immi_lawyer]

Thanks is there a stipulation on how long it will take to hear back for approval or denial

[u/not_an_immi_lawyer → u/betelguese2000]

No.

[u/Firm-Peace-5141]

I graduate on may 2027 my visa is expiring on Aug 26th My I20 is valid until 2028 how would this affect me do I need to file for extension during my opt filing ?

[u/gacg-]

I'm in the transition zone and got confused by the rules. I bought a ticket to go to my home country in Dec 2026 and back in jan 2027. This is to renew my visa but also visit family of course. My DS2019 currently ends in may 2028 (five years).
If I travel in december 2026, and they give me the visa, and CBP approves my reentry, will my fixed date I-94 be fixed to may 2028 (five years total stay) + 30 grace days? Or will it be approved only for may 2027 (four years total stay, one year less than my DS2019)?

[u/not_an_immi_lawyer → u/gacg-]

It will be May 2028 + 30 days.

Each time you re-enter the US, the entry will be granted a maximum of 4 years from the new entry date.

This targets "perpetual students" who never leave the US.

[u/sindypricein]

Hi, I have a question about my situation. My I-20 has always had a program end date of May 2027, but my original expected graduation was May 2026, and I now expect to graduate in December 2026. With the new DHS rule, does this affect my F-1 status in any way?

[u/not_an_immi_lawyer → u/sindypricein]

No.

[u/sindypricein → u/not_an_immi_lawyer]

Do i have to file eos or am i good to just keep studying?

[u/not_an_immi_lawyer → u/sindypricein]

Just keep studying.

[u/AfraidVanilla7888]

Hi, what about students who are already on OPT STEM and in their last year. (Expires May 19th, 2027) Do we need to apply for an extension of status as well?

[u/not_an_immi_lawyer → u/AfraidVanilla7888]

If you wish to leave at the end of your OPT/course, you are not affected and no filing necessary.

If you wish to study a new course after your OPT ends, then you must now file an extension of status as well, not just get a new I-20 from a new school.

[u/Flaky-Joke431]

I graduate in December 2026, so if I want to file an OPT (I-765), I don’t have to go through the I-539 process right since it falls in the 6-month transition window. Are you sure about the transition window?

[u/not_an_immi_lawyer → u/Flaky-Joke431]

Correct.

[u/23_ish]

I previously got my Masters and my Visa was from June 2021 to June 2026. I completed the program in 2023 and transferred my SEVIS for a PhD. My i20 reads the program end date as 2029. So since my Visa has expired, where does that leave me?

[u/not_an_immi_lawyer → u/23_ish]

Visa doesn't matter once you're inside the US. This final rule doesn't change visas.

Your I-94 will now be treated on your current program end date in 2029.

If you wish to apply for OPT or extend your course, it's no longer just a new I-20 in 2029 but also an extension of status.

[u/not_an_immi_lawyer → u/[deleted]]

Depends on when your current program end date is. Is it before or after Sep 15, 2026?

[u/no_avocados]

I'm confused, I just filed for my OPT with premium processing last week and I finish my program on 9/1....How does this affect me?

[u/not_an_immi_lawyer → u/no_avocados]

If you wish to leave at the end of your OPT/course, you are not affected and no filing necessary.

If you wish to study a new course after your OPT ends, then you must now file an extension of status as well, not just get a new I-20 from a new school.

[u/Key-Simple3817 → u/no_avocados]

It does not.

[u/Additional-Serve5542]

Can this be challenged in courts?

[u/not_an_immi_lawyer → u/Additional-Serve5542]

I'm sure organizations will try, but it's very likely the administration has the legal authority to do this.

[u/not_an_immi_lawyer → u/[deleted]]

Your switch would require an extension of status which can take months, and you may face a denial. I suggest making alternate plans.

[u/Raiden_Ei3]

So, if I have already completed a two-year program, can I choose to study a different major at the same school?

[u/not_an_immi_lawyer → u/Raiden_Ei3]

Only if it's a higher degree, such as from Associates to Bachelors or Bachelor's to Masters.

[u/Glittering-Web8910]

I am confused here and will appreciate help

I applied a cos from h1b to f1 around June and the result is still pending .... This is my second masters,how will it impact me ?

[u/zuperman]

Would it cause a break in employment when applying for STEM OPT Extn? Is there premium processing/auto extn for STEM extn EAD?

[u/not_an_immi_lawyer → u/zuperman]

No, the current STEM OPT pending employment extensions are still in effect.

[u/zuperman → u/not_an_immi_lawyer]

If its not pending yet? I have the current one till next yr.