FAQs on Federal Adjustments to U.S. Visa Stays for F and J Nonimmigrants

While the rule does require Congressional approval, it is expected to go into effect on September 15, 2026. This means that any F or J nonimmigrants seeking to enter the U.S. on or after Sept. 15, 2026, will be subject to the changes.

That depends, in large part, on each individual. Broadly, however, the Department of Homeland Security is eliminating the "Duration of Status" (D/S) notation that F and J nonimmigrants currently receive when entering the U.S., and making other significant changes.

Until September 15, 2026, F-1 and J-1 nonimmigrants and their dependents will continue to be admitted for duration of status, indicated by “D/S” notation on their Form I-94. The end date of their status is determined by the program end date on the I-20 form (for F-1 visa holders) or DS-2019 form (for J-1 visa holders), plus a grace period.

Beginning September 15, F and J nonimmigrants and their dependents who enter the United States will be admitted until a fixed date, which is known as the  “Admit Until Date (AUD).” The AUD will reflect the end date of the academic program as indicated on Form I-20 or DS-2019, not to exceed four years from entry to the U.S., plus a 30-day grace period.

Before September 15, extensions of stay may continue to be granted by Designated School Officials (DSOs) or Alternate Responsible Officers (AROs) in the Case Western Reserve University VISA Office without seeking an extension from U.S. Citizenship and Immigration Services (USCIS).

Beginning September 15, Fs and Js will still require new Forms I-20 or DS-2019 from CWRU’s VISA Office, which must then be included in an Application for an Extension of Stay (EOS) (Form I-539) filed with USCIS. Alternatively, F and J nonimmigrants may take the extended I-20 or DS-2019 and depart and reenter the U.S. with appropriate documentation.

The rule does not affect current regulations regarding the following:

• F-1 Curricular Practical Training (CPT)
• F-1 temporary absence requirements
• F-1 full course of study or reduced course load requirements
• F-1 on-campus employment (except for the 240-day interim work authorization while an EOS is pending)
• F-1 Reinstatement requirements
• J-1 regulations issued by the Department of State (22 CFR Part 62) (except for elimination of D/S)
• J-2 rules regarding employment authorization

Yes, in part. There is a four-year transition period for F and J nonimmigrants who were admitted to the U.S. for Duration of Status on or before September 15 and who are present in the U.S. on that date. You may remain in the U.S until your academic program end date, or four years from September 15, 2026—whichever comes first.

Your period of stay will end by September 15, 2030 (plus a grace period of 60 days for F-1, or 30 days for J-1).

If you are currently here on Duration of Status, and there is any chance your program will end later than four years from September 15, 2026, please come speak with the VISA office as soon as possible to make a plan.

Note: If you depart the U.S. after September 15, 2026, but before your program end date, the new rule will apply to you when you reenter the U.S. You will be admitted until a fixed end date plus a 30-day grace period. 

For F-1 Students

F-1 students who are in the U.S. as of September 15 and who are applying for post-completion or STEM Optional Practical Training (OPT) on or before March 18, 2027, will not be required to file Form I-539 to extend their stay.

In addition, there are provisions of the rule that prohibit certain transfers to other schools or changes in educational level or program of study, effective for all F-1 students on September 15. These changes are discussed below.

For J-1 Students, Scholars, Faculty, and Staff

The only changes from the final rule that apply to J-1 students and scholars are the elimination of duration of status and the extension of stay provisions. Instead of being admitted into the U.S. for "Duration of Status" (D/S), J-1s will now be admitted for a fixed period of time (“Admit Until Date”), which will be determined based on the program end date listed on your Form DS-2019, or four years from date of entry—whichever is shorter.

If you depart the U.S. after September 15, 2026, but before your program end date, the new rule will apply to you when you reenter the U.S. You will be admitted until a fixed end date plus a 30-day grace period.

To apply for an extension of your F or J status, you would need to first request an extended I-20 or extended DS-2019 from CWRU’s VISA Office. You would then submit that new, signed I-20 or DS-2019 along with a completed and signed Form I-539 to USCIS to request an extension of stay. Access the USCIS fee schedule.

Students must apply for an extension of stay (EOS) and USCIS must receive the Form I-539 before the student’s authorized period of admission expires. Students may apply for an EOS no earlier than 180 days before their authorized period of admission expires.

F and J nonimmigrants may apply for an EOS starting 180 days before their authorized period of admission expires.

CWRU’s VISA Office will continue to issue your initial I-20 or DS-2019 for the standard length of time it takes to complete your program, even if it is longer than four years.

No earlier than 180 days before your AUD, you will need to apply to USCIS for an extension of stay by filing Form I-539, the filing fee, and other required evidence, including a valid I-20 or DS-2019 from the CWRU VISA Office. USCIS will only approve extensions for the specific time period needed to finish your program—not necessarily for another four years. Multiple extensions may be required for lengthy programs. 

Currently, the VISA Office, in conjunction with your academic department, can determine if there are justifiable reasons for a program extension (based on 8 CFR 214.2(f)(7)). These reasons may include:

• documented illness or medical condition; 
• a compelling academic reason, such as a change of major or research topic or unexpected research problems; or 
• major circumstances beyond the student's control (such as war, pandemic, or natural disaster).

However, even if CWRU deems an extension of stay justifiable, USCIS will use its own discretion in making a final decision, and you and CWRU are bound by that USCIS decision.

There are a range of reasons USCIS might deny an EOS, such as if:

• The delays in program completion are shown to be due to poor academic performance, failing classes, or otherwise failing to make normal academic progress.
• The student is deemed to have exceeded the normally allowed time period for a given academic program.
• Proof of funding for the additional time period is deemed insufficient.
• There is concern over possible fraud issues and violations of required nonimmigrant intent (which requires F and J visa holders to maintain an intent to return to their home country).
• There are past instances of unauthorized employment, criminal activity, or other violations of immigration status. 

If USCIS denies an extension application, you should first notify CWRU’s VISA Office. We also advise you to consult with an immigration attorney about other options that might be available to you. Contact the VISA Office and Dean of Students for information about vetted attorney resources.  

With a notice of denial, your lawful status in the U.S. would end, and you will be required to depart the United States immediately; there is no grace period. Failure to immediately depart the U.S. after an extension has been denied may result in the accrual of unlawful presence, which can result in your being barred from returning to the U.S. for up to 10 years.

If your research appointment, grant, or lab work extends beyond four years, you must first obtain an extended DS-2019, if you do not already have one, and then apply for an Extension of Stay (EOS) by filing Form I-539 with USCIS before your authorized period of stay expires.

It may be possible to travel in lieu of applying for an Extension of Stay, but additional analysis is required.  The VISA Office recommends consulting with an immigration attorney before travel.

Yes, students may continue to attend school while their I-539 is pending, as long as their extension was filed before their status expires.

Students working on-campus or pursuant to CPT as well as J-1 Research Scholars and Professors may continue working for up to 240 days after expiration of their status while their EOS application is pending with USCIS.

USCIS processing times change frequently, but it is expected to take several months. At the present time, an EOS cannot be expedited with a premium processing request.

If you graduate early (i.e., before the program end date on your current I-20), the VISA Office must shorten your program end date in SEVIS to match your graduation. You will then have 30 days to:

• depart the country after graduation, regardless of your “Admit Until Date”; 
• apply for OPT; 
• apply for a change of status to a different visa type; or
• transfer to a higher degree level.

If you withdraw from the university or take a leave of absence, you must depart the United States immediately upon cancellation of your SEVIS record.

Undergraduate students may not change their major within their first year of study. 

Graduate students are prohibited from changing their academic program or major at any point during their degree.

The final rule significantly restricts this. On or after September 15, undergraduate students may not transfer to another school or change programs within their first year of study. Graduate students are prohibited from transferring schools at any point during their degree (including situations in which an academic advisor transfers to another school), unless the Student and Exchange Visitor Program (SEVP) grants an exception for extenuating circumstances.

Extenuating circumstances may include a school closure or a school’s prolonged inability to hold in-person classes due to a natural disaster or other cause; in other words, approval of an exception is likely to be rare.

No. F or J students who complete a degree after September 15, 2026, can only progress to a higher educational level. They may not pursue a subsequent degree at the same or lower educational level. (For example, enrolling in a second master’s program or enrolling in a master’s program after completing a PhD is not permitted.) 

Note: This requirement is prospective in nature; if you completed a degree in the U.S. before September 15, 2026, you may pursue a degree at the same or lower education level after September 15.

The regulations lack clarity on what constitutes an “educational level,” and DHS is expected to issue guidance on this issue on a later date.

It depends on timing. If you have been in the U.S. with a D/S notation since on or before September 15 and you apply for OPT within six months of the rule's effective date, then you do not need to file an I-539 to extend your stay; you are only required to file Form I-765.

If you apply after March 18, 2027, then you will need to file both the I-765 and the I-539 with USCIS, along with the associated fees. Note also that if you exit and re-enter the U.S. after September 15 but before March 18, 2027, you will be required to file both the I-765 and I-539 with USCIS.

F-1 students in the U.S. when the rule takes effect on September 15 will keep the current 60-day grace period after the end of their program or OPT, provided they do not leave the U.S. before the end of their program or OPT. F-1 students who enter the U.S. after September 15 will only receive a 30-day grace period.

For students applying for post-completion OPT in Summer and Fall 2026, nothing changes; the timelines and processes are the same as in previous years unless you leave and reenter the U.S. after September 15. In that case, you would need to file both an I-765 and an I-539.

Students applying for OPT in Spring 2027 and beyond will be impacted by the new rule changes. At that time, the OPT application window will be 90 days before and 30 days after the program end date. In addition, you must request an OPT start date within 30 days of your program end date.

For Spring 2027 graduates specifically: If you have been in the U.S. since on or before September 15 and you submit your OPT application on or before March 18, 2027, then you will not be required to file an extension of stay application. However, if you submit your OPT application after March 18, 2027, then you will have to submit the EOS application along with your OPT application.

Yes, you may still work for up to 240 days, beginning the day after your status expires, provided that your I-539 is received by USCIS before your status expires. This applies to on-campus work, Curricular Practical Training, off-campus work due to severe economic hardship, and pre-completion OPT. If your I-539 is still pending after 240 days, you will need to stop working.

Yes, because you will also need to extend your stay in the U.S. Changing your academic level to a higher degree program will require you to obtain a new I-20 or DS-2019 from the VISA Office, and then to file an I-539 with USCIS.

F-2 and J-2 dependent status must be extended along with the principal F-1 or J-1 on Form I-539.

The current procedures governing Employment Authorization Document (EAD) renewals for J-2 spouses remain unaffected. J-2 spouses are still required to submit Form I-765 to USCIS to maintain their work authorization, and may not work after their current EAD expires, even if they have a pending EAD renewal application.

International students are welcome at Case Western Reserve University, and we intend to fully support you in navigating this process. This does not impact your admission decision—we look forward to you joining our community.

We encourage you to reach out to the VISA Office to discuss your specific situation. You can visit us in person by appointment (in person or virtual) or walk in from 9 a.m. to 4 p.m., Monday through Friday. You can also email us at visa@case.edu or call us at 216.368.6964.

The CWRU Visa Office can help you navigate the F-1 visa process before you arrive, and help you maintain your status when you are here.

Because every student’s situation is different, we encourage you to contact the VISA Office for assistance. We can help you explore what options may be available to you. You can visit us in person by appointment (in person or virtual) or walk in from 9 a.m. to 4 p.m., Monday through Friday. You can also email us at visa@case.edu or call us at 216.368.6964.