Duration of Status (D/S) Final Rule

ISSS is currently assessing the impact of the Final Rule establishing a fixed admission period (elimination of Duration of Status) for our international students and scholars. We understand that many of you have questions and concerns relating to the Final Rule, however, we want to ensure that any guidance we provide is accurate, complete and reliable. Please monitor your university email and this page for updates and further guidance.

Overview

On July 17, 2026, the Department of Homeland Security (DHS) published a Final Rule in the Federal Register establishing a fixed period of admission for F-1 and J-1 students and scholars. The Final Rule goes into effect on September 15, 2026.

Summary of Key Changes

Fixed Admission: The authorized period of stay for F and J students will be their program end date not to exceed 4 years plus a 30-day grace period.

  • Transition Provisions for Current Students: F or J status students and dependents in the U.S. on September 15, 2026 will be transitioned to a period of authorized stay either to the end date of the current I-20/DS-2019 OR 4 years from the Effective Date, whichever is shorter.
  • New students arriving in the U.S. after September 15, 2026: will have an Admit Until Date (AUD) of the end date of their current I-20/DS-2019 plus 30 days OR 4 years plus 30 days, whichever is shorter.
  • Current students who travel abroad and re-enter the U.S. after September 15, 2026 will have an Admit Until Date (AUD) of the end date of their current I-20/DS-2019 plus 30 days OR 4 years plus 30 days, whichever is shorter.

Extension of Stay (EOS) Process: Students who need additional time to complete their program will need to submit an EOS application with U.S. Citizenship and Immigration Services (USCIS).

Restrictions and limitations on changes of educational level and SEVIS transfers:

  • Graduate students will be prohibited from changing their major.
  • Undergraduate students may only change major after the completion of one academic year.
  • Students who complete a program at one educational level will only be allowed to begin another program at a higher educational level as an F-1 student.
  • Students will be prohibited from changing to the same or a lower educational level.

Additional Information

 
  • What should I do right now?
    • Continue to maintain F-1 status by following the current immigration requirements.
    •  Plan your academic progress carefully and ensure that you are able to complete your program by the Program End Date listed on your I-20. If you will require additional time to complete your program, please review our I-20 Extensions page and submit your I-20 extension request at least two weeks prior to September 15, 2026.
    • Carefully consider the necessity of international travel. If you travel and re-enter the U.S. after the Effective Date, your I-94 admission record may reflect a fixed Admit Until Date (AUD) rather than Duration of Status (D/S).
    • Monitor your university email and this webpage for updates and further guidance.
  • Support

    ISSS remains committed to supporting our international students and scholars, and we will continue to provide timely, accurate information as more guidance becomes available. 

    We are currently assessing the impact of the new rule for our international students. We understand that many of you have questions and concerns relating to the Final Rule, however, we want to ensure that any guidance we provide is accurate, complete and reliable. 

    As always, you can reach us by email at international-office@sjsu.edu, by phone at 408-924-5920 or during advising hours. We offer walk-in advising, online and in-person appointments, and a Zoom Q&A for quick questions. We are here for you.

  • Upcoming Webinars
    We are planning to hold webinars to share more information about the Final Rule and to respond to your questions. Webinar information will be updated as available.
  • Resources

Frequently Asked Questions (FAQs)

General Questions
 
  • What is my I-94 and where can I find it?

    The I-94 is your record of arrival to the United States (U.S.). This is processed by Customs and Border Protection (CBP), at the Port of Entry when you go through customs; or by USCIS, if you have an approved Change of Visa Status and have not departed the U.S. The I-94 determines your “Class of Admission” (F-1 or J-1) and your “Admit Until Date” (the length of time you can remain in the U.S. in your F-1 or J-1 status). 

    If you arrived in the U.S. with your F-1 or J-1 visa, you can retrieve a copy of your most recent I-94 on the Customs and Border Protection I-94 website. Use the option “Get Most Recent I-94” to access, download, and save a copy of your I-94.

    If you arrived in the U.S. on a different visa (eg: H-4 or L-2) and have an approved Change of Status to F-1 with USCIS, your I-94 will be found on the bottom section of your I-797A Notice of Approval for your form I-539 application.

  • What is the Admit Until Date on my I-94? Is this the same as my I-20 Program End Date?
    The Admit Until Date on your I-94 is the last day a student is authorized to stay in the U.S. in valid F-1 status. The I-20 Program End Date is the last date you can be enrolled in classes to complete your course requirements (apart from your final project/thesis, if you are a graduate student). No, the Admit Until Date may not be the same as your I-20 Program End Date.
  • What is the Admit Until Date on my I-94? Is this the same as my DS-2019 End Date?
    The Admit Until Date on your I-94 is the last day a student is authorized to stay in the U.S. in valid J-1 status. The DS-2019 Program End Date is the last date you can be enrolled in classes to complete your course requirements as an exchange student or the last date you can do research and/or teach at SJSU. No, the Admit Until Date may not be the same as your DS-2019 End Date.
  • What if my F-1 visa stamp on my passport has expired or will expire before my I-20 Program End Date?

    You can remain in the United States even if your F-1 visa has expired, as long as you have a valid I-20, and are maintaining valid visa status in the U.S. If you travel abroad and re-enter, then you will need a valid, unexpired F-1 visa to be admitted to the U.S. Your F-1 visa cannot be renewed in the U.S. and you must apply for this in your home country (country of citizenship). 

    What if my J-1 visa has expired or will expire before my DS-2019 End Date?

    You can remain in the United States even if your J-1 visa has expired, as long as you have a valid DS-2019, and are maintaining valid visa status in the U.S. If you travel abroad and re-enter, then you will need a valid, unexpired J-1 visa to be admitted to the U.S. Your J-1 visa cannot be renewed in the U.S. and you must apply for this in your home country (country of citizenship). 

Prospective Students

 
  • I am a prospective international student and have not yet arrived in the United States. How does this Final Rule impact me?

    Students who arrive in the U.S. prior to September 15, 2026, should be admitted for Duration of Status (D/S). The earliest arrival date is 30 days prior to the Program Start Date. The Earliest Admission Date is stated on your I-20 for F-1 students. The latest arrival date will be the date classes start, which is indicated on your I-20. F-1 students starting their program in Fall 2026, should arrive no later than August 19, 2026. J-1 exchange students and scholars must arrive by their DS-2019 start date. 

    Students starting their program in Spring 2027 and beyond who enter the U.S. after September 15, 2026, will have a fixed Admit Until Date which is their I-20/ DS-2019 Program End Date or 4 years, whichever is shorter, plus a 30 day grace period. 

    If you need additional time to complete your program due to a compelling academic reason or a medical reason, you will need to apply for an Extension of Stay (EOS) with USCIS (United States Citizenship and Immigration Services), only after discussing the need for your extension with ISSS and then if eligible, having an updated I-20 with an EOS recommendation from ISSS.

  • I am still deciding which school to attend. I have multiple I-20s from different schools. Can I attend my F-1 visa interview with a different school’s I-20 and then later transfer my SEVIS record?

    Undergraduate students may be eligible to transfer their SEVIS record to another school, prior to completing their program, only after completing one academic year (at least 2 academic semesters of consecutive full time enrollment). Please note, you may need to file an Extension of Stay (EOS) if you decide to transfer to another school.

    Graduate students are not eligible to transfer their SEVIS record to another U.S. school, prior to completing their program.

  • Can I change my major after receiving my I-20?

    Undergraduate students will need to complete one academic year (at least 2 academic semesters of consecutive full time enrollment) to be eligible to possibly change their major.

    Graduate students may not change their major at any time after receiving their I-20 or at any time during their degree program.

Currently Enrolled Students

 
  • If I am a currently enrolled student who is present in the United States on the Effective Date of September 15, 2026, how long can I remain in the U.S.?

    If you are present in the U.S. on the Effective Date of September 15, 2026 and have “D/S” (Duration of Status) on your most recent I-94, and do not depart, then your authorized period of stay will be:

    • If your program length is less than 4 years (before November 14, 2030): 
      You can remain in the U.S. until your Program End Date printed on your Form I-20 or DS-2019 (plus a grace period of 60 days for F-1 students and 30 days for J-1 students).
    • If your program length is more than 4 years from the Effective Date (after November 14, 2030):
      In this case, November 14, 2030 will be your status end date. If you have a Program End Date that is after November 14, 2030 and cannot graduate by Spring 2030, you may need to apply for an Extension of Stay (EOS) with USCIS.
  • What if I travel abroad and return to the United States after September 15, 2026?

    ISSS is currently advising that international students avoid non-essential international travel. There is likely to be increased confusion and administrative processing errors at the Port of Entry immediately following the Effective Date of the Final Rule. Please refer to the CSU guidance on international travel for more information regarding other potential risks of international travel.

    Students who travel abroad and re-enter the U.S. after September 15, 2026 will have a fixed Admit Until Date which is their I-20/ DS-2019 Program End Date or 4 years, whichever is shorter, plus a 30 day grace period. Please review our Travel and Re-Entry page for information on documentation you will need to re-enter the U.S.

    You should access, download, and save a copy of your I-94 within 24-48 hours after your arrival. Please reach out to ISSS as early as possible, if you are unable to locate your I-94 or think the Admit Until Date on your I-94 is not correct.

  • How long is my grace period?

    F-1 students who remain in the United States after the Effective Date and do not travel abroad or file an Extension of Stay (EOS) will keep their current 60-day grace period.

    F-1 students who travel abroad after the Effective Date of September 15, 2026 or file an EOS with USCIS (United States Citizenship and Immigration Services) will have a 30 day grace period. The grace period should be included in your I-94 Admit Until Date.

    J-1 exchange student or scholar visa holders will continue to have a 30-day grace period.

  • How can I apply for an Extension of Stay (EOS) with USCIS(United States Citizenship and Immigration Services)?

    Students who need additional time to graduate, beyond their Admit Until Date will need to apply for an EOS with USCIS. Students who are starting a new degree program at a higher degree level may also need to apply for an EOS.

    Students will first need to request a recommendation for an EOS from a P/DSO (Primary/Designated School Official) from ISSS. ISSS will then enter a recommendation in SEVIS, enter an updated Program End Date (if applicable) and provide the student with an updated I-20. The student will then need to file a Form I-539 Application with USCIS in a timely manner. The standard processing time may be 3 months or longer, since premium processing will not be an option.

    Our office is still awaiting further guidance relating to the EOS process.

  • Does the Final Rule change my eligibility for On-Campus Employment or Curricular Practical Training (CPT) as an F-1 student?

    No. The current policies remain the same for On-Campus Employment and for CPT. You must have a valid, unexpired I-94 to work (on and off-campus). For CPT, you need an I-20 from ISSS with approved CPT authorization for the term that you will be working.

  • Does the Final Rule impact my eligibility for Post-Completion OPT (Optional Practical Training) or STEM OPT as an F-1 student?

    No. The eligibility requirements for Post-Completion OPT and STEM OPT remain the same. However, there may be an additional requirement to file an Extension of Stay (EOS).

    Current F-1 students in the United States on the Effective Date of September 15, 2026, who were admitted for D/S (Duration of Status), who timely filed for Post-Completion OPT or STEM OPT on or before March 18, 2027 (within six months of the final rule’s effective date) do not need to apply for an EOS with USCIS (United States Citizenship and Immigration Services).

    Students who travel abroad before filing for Post-Completion OPT or STEM OPT and are readmitted into the U.S. with a fixed period of admission must file both an EOS application and an application for post-completion OPT or STEM OPT.

    All students applying for Post-Completion OPT or STEM OPT after March 18, 2027 must file both an EOS application and an application for post-completion OPT or STEM OPT.

  • Does the Final Rule impact my eligibility for Academic Training (AT) as an J-1 exchange student?

    No. The eligibility requirements for Academic Training remain the same.

  • Can I change my major?

    Undergraduate students will need to complete one academic year (at least 2 academic semesters [fall and spring]/[spring and fall] of consecutive full time enrollment) to be eligible to change their major.

    Graduate students may not change their major at any time during their degree program.

OPT/STEM OPT

 
 
  • If I am currently on Post-Completion OPT or STEM OPT and am present in the United States on the Effective Date of September 15, 2026, how long can I remain in the U.S.?
    You can remain in the U.S. until your Employment Authorization Document (EAD) end date, plus 60 days as long as this date is before November 14, 2030.
  • What if I travel abroad and return to the United States. after September 15, 2026 while on OPT or STEM OPT?

    ISSS is currently advising that international students avoid non-essential international travel. There is likely to be increased confusion and administrative processing errors at the Port of Entry immediately following the Effective Date of the Final Rule. Please refer to the CSU guidance on international travel for more information regarding other potential risks of international travel.

    Students who are currently on Post-Completion OPT or STEM OPT who travel abroad will have a fixed Admit Until Date which is their EAD end date plus a 30 day grace period. Please review our Travel and Re-Entry page for information on documentation you will need to re-enter the U.S.

    You should access, download, and save a copy of your I-94 within 24-48 hours after your arrival. Please reach out to ISSS as early as possible, if you think the Admit Until Date on your I-94 is not correct.

  • Do I need to file an Extension of Stay (EOS) with my Post-Completion OPT or STEM OPT application?

    Current F-1 students in the United States on the Effective Date of September 15, 2026, who were admitted for D/S (Duration of Status), who timely filed for Post-Completion OPT or STEM OPT on or before March 18, 2027 (within six months of the final rule’s effective date) do not need to apply for an Extension of Stay (EOS) with USCIS (United States Citizenship and Immigration Services).

    Students who travel abroad before filing for Post-Completion OPT or STEM OPT and are readmitted into the U.S. with a fixed period of admission must file both an EOS application and an application for Post-Completion OPT or STEM OPT.

    All students applying for Post-Completion OPT or STEM OPT after March 18, 2027 must file both an EOS application and an application for Post-Completion OPT or STEM OPT.

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Student Union
San Jose, CA 95192-0135

Office Hours

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