Immigration Updates

What is changing for F-1 students?

The U.S. Department of Homeland Security (DHS) is replacing the long-standing Duration of Status (D/S) admission system with a fixed period of admission, also known as Admit Until Date (AUD). Instead of being admitted for as long as you maintain your F-1 status, you will receive a specific expiration date (AUD) on your Form I-94. This date will be limited to your current Form I-20 program end date or, if you are on OPT or STEM OPT, the EAD card expiration date, not to exceed four years, plus a 30-day grace period.

When does the new rule take effect?

The final rule becomes effective 60 days after its publication in the Federal Register, which is September 15, 2026.

How does the final DHS rule change the grace period?

The rule shortens the F-1 grace period from 60 to 30 days.

Under the transition provisions (more on this below), F-1 students who were admitted to the U.S. for D/S before September 15, 2026 will generally continue to benefit from the existing 60-day post-completion grace period. This will remain true until the student either travels outside the U.S. and is readmitted with AUD or obtains an Extension of Stay (EOS) approved by USCIS. Once the student is issued a new Form I-94 through either readmission after travel or USCIS adjudication of EOS, the student will be subject to the new fixed-period admission rules, including a specific AUD and the new 30-day post-completion grace period.

How does the final DHS rule affect current F-1 students? Who is subject to the transition rule?

Students who are already in F-1 status under D/S generally may remain under the transition rules set forth by the Department of Homeland Security (DHS). However, if they travel outside the United States and reenter on or after the final rule becomes effective on September 15, 2026, they will be admitted for a fixed duration of stay (AUD) reflected on their new Form I-94.

Note: Staying in the U.S. without traveling does not fully "grandfather" an F-1 student out of the new academic restrictions; remaining in the transition group preserves your D/S legal status, but you are still subject to the new regulatory restrictions on academic mobility and program changes once the rule goes live.

When do the transition provisions end?

The transition provisions continue until you receive a new period of admission or authorized stay under the new rule.

For example:

• departing the United States and being readmitted with AUD;
• receiving an approved EOS from USCIS; or
• changing to another immigration status.

Once one of these events occurs, your authorized stay will generally be governed by the new fixed-period admission AUD rather than by D/S. Until then, most current students remain under their existing D/S admission, and therefore under the transition provisions for several years without leaving the country.

However, the transition provisions are not indefinite. If you neither travel internationally nor obtain an EOS, your D/S admission is limited by the transition deadlines established in the regulation, that is, November 14, 2030. After this date, any additional time in F-1 status must be based on an approved EOS or another lawful basis for remaining in the U.S.

I am currently in the U.S., and my I-94 says it is valid for "D/S”. I do not plan to travel. How does the transition rule apply to me? 

You will have status protection. If you stay in the U.S. and do not travel outside the country on or after September 15, 2026, you keep your D/S-based transition protections and 60-day grace period. However, various academic mobility restrictions apply.

I have an active "D/S" I-94 from my most recent entry, but I am in my home country for the summer break. What will happen when I return?

Students are expected to return after their summer break by the beginning of the fall 2026 semester. i.e., August 31, which is before the final rule takes effect (Sept. 15). Consequently, you will be admitted under the current D/S with a 60-day grace period.

However, any future international travel during subsequent school breaks with reentry after September 15 will result in a fixed AUD, which will include a 30-day grace period. This date will match your current Form I-20 expected program end date or four years from the entry date (whichever is shorter).

What should I do immediately after reentering the U.S.? 

You must check the official CBP I-94/I-95 portal within 24 hours of every entry to retrieve and review your electronic Form I-94. If the AUD does not align with the I-20 program end date (plus the 30-day grace period), contact ISS immediately to obtain instructions for a CBP Deferred Inspection correction. Leaving an incorrect AUD on your I-94 could cause you to accrue unlawful presence.

I am a graduate student returning from summer break. Can I still change my major or transfer to another school?

No. Because mid-program changes and transfers are strictly banned for graduate students under this rule, you cannot utilize travel to "reset" or alter your major field of study. Any formal change to your CIP code or degree objective is prohibited from within the U.S. or upon reentry.

Can I transfer to another school?

Yes, but new academic restrictions apply.

• Undergraduate students generally must complete their first academic year at Pace before transferring.
• Graduate students are prohibited from transferring to another US school during their program at Pace.

I am under the transition provision to the final DHS rule. Can I change my major?

• Undergraduate students cannot change majors during their first academic year of study unless they get a special, case-by-case exception approved directly by SEVP. If you have already finished one full academic year, standard major changes are allowed.
• Graduate students are prohibited from changing their major or educational objective at any point during their program of study*

*Changing a major within the same educational objective (within the same CIP code) may still be permitted if consistent with school and SEVP requirements. [Subject to DHS clarification]

I remain in the U.S. without traveling when the rule takes effect on September 15, 2026. I will need to extend the program end date for one more semester. Can I do this internally through the ISS office?

You can stay up to your current Form I-20 Program End Date without immediately filing a USCIS extension. However, if you need more time to graduate for a compelling academic or documented medical reason, an internal DSO update of your SEVIS record is not sufficient. Under the DHS final rule D/S, getting more time to finish an ongoing academic program past your current I-20 end date requires a formal Extension of Stay (EOS) application via USCIS Form I-539

• First, you must request an updated I-20 from ISS (through ISS Connect) recommending an extension.
• Second, you must file a formal Form I-539 for EOS directly with USCIS before your authorized stay expires and pay the required government filing fee. Your EOS is not legally extended until USCIS formally approves this application. However, you are permitted to remain in the U.S. so long as your Form I-539 application is pending with USCIS.

Note: You may apply for a new I-20 and EOS as early as 180 days and no less than 30 days before your program end date.

I want to pursue a second master's degree or another bachelor’s degree in the U.S. Can I still do that as I am under the transition provision of the rule?

No. You are subject to the new regulatory restrictions on academic mobility and program changes once the rule goes live. That said, the new regulation introduces a strict ban on transfers to the same or to a lower academic level. In other words, you cannot earn a second master's degree, nor is it permitted to move in descending order from a Doctoral degree earned in the U.S. to a Master's or Master’s to Bachelor’s or to a non-degree certificate program, or an ESL school.  However, academic progression in ascending order (e.g., Bachelor’s to Master’s, or Master’s to PhD) remains legitimate, provided you secure a new I-20 and file an EOS Form I-539 with USCIS timely or exit the U.S. and re-enter.

I am currently a 5-year Ph.D. student. My I-20 was initially issued for 6 years. Do I have to apply for EOS if I do not travel before or after Sept. 15, 2026?

If you were admitted to the U.S. under D/S before September 15, 2026, being beyond your fourth year of study does not require you to leave the U.S. or immediately apply for an Extension of Stay. Most doctoral students already in the U.S. will continue under the transition provisions until their current program end date as listed on the I-20 form.

Fall ’26 is my final semester of study. I am in the U.S. and not planning to travel internationally. I will apply for a 12-month Post-Completion OPT. Will the final rule affect my OPT application?

If your last entry to the U.S. was before September 15, 2026, and your most current I-94 record reflects duration of status (D/S), you are part of the transition group DHS identified in the new rule.  If you timely file your Form  I-765 application for Post-completion OPT with USCIS on or before March 18, 2027 (the established 6-month transition period), you do NOT need to file a separate Form I-539.  During this transition period, once approved, your fixed period of admission is automatically extended through your EAD end date plus your 60-day grace period.

If at the time you apply for OPT, you have travelled and reentered after the new rule took effect, your current I-94 record already reflects a fixed period of admission (AUD). In that case, you must simultaneously file both the complete I-765 application for Post-completion OPT and an I-539 EOS application to extend your stay in the U.S.

I am currently on 12-month OPT and preparing to apply for my 24-month STEM OPT Extension. Do I need to file an Extension of Stay (EOS) Form I-539 with USCIS?

If you file for STEM OPT on or before March 18, 2027 (6-month transition period) and you are currently an OPT holder in the transition group who remains in the U.S. and does not travel internationally on or after September 15, 2026, you can apply for a STEM OPT extension using Form I-765 without filing a separate Form I-539 for Extension Of Stay (EOS).

If you file for STEM OPT after March 18, 2027, the transition is over, and your legal stay ends by the expiration date of your initial 12-month OPT EAD card. To secure the 24-month STEM OPT extension, you must complete the following steps BEFORE your 12-month Post-completion OPT expires.

1. Obtain a STEM OPT recommendation I-20 from ISS
2. File Form I-765 STEM OPT application and Form I-539 EOS application at the same time to request that USCIS extend your fixed period of admission to your new 24-month STEM OPT extension dates.

If my current 12-month OPT EAD card expires while my STEM OPT application is still pending, can I legally stay and keep working?

If you timely file your STEM OPT Form I-765 before your initial OPT EAD expires, your work authorization is automatically extended for up to 180 days while USCIS processes the application. If USCIS ultimately denies your Form I-539 EOS after your initial EAD date has passed, you receive no grace period. You must cease all employment and depart the U.S. immediately to avoid severe unlawful presence penalties.

Can I travel internationally while my Post-Completion OPT or STEM OPT application is pending alongside a Form I-539 extension?

We strongly recommend revisiting international travel plans at this time, especially when your I-765 and I-539 are pending USCIS adjudication.

I am holding a Master's degree. My STEM OPT will expire in November this year. I was admitted to a PhD degree at Rutgers for the Spring 2027 semester. Will I be able to transfer my SEVIS record to Rutgers under the new rule? Is it permissible?

Yes. The final rule allows you to start a new program at a higher degree level. It is prohibited to transfer to the same or lower degree level after completing your program.

I am holding a Bachelor’s degree. My OPT will expire in October this year. I was admitted to a Master’s degree at Baruch College for the Spring 2027 semester. Would that be a standard SEVIS transfer between schools? Do I need to file an Extension of Stay (EOS) Form I-539 with USCIS?

If your last admission to the U.S. was before September 15, 2026, and your I-94 says "D/S", you are likely covered by the transition provisions, and a routine SEVIS transfer to Baruch would not require a USCIS EOS I-539 Form.

If you were admitted to the U.S. after September 15, 2026, under the new rule, an I-539 EOS USCIS Form is required, depending on the expiration date on your I-94 and how your last admission was granted.

I am on active STEM OPT and a beneficiary of a timely filed H-1B petition. I am told that I am eligible for a “cap-gap” extension. Do I need to apply for EOS?

No. You do not need to apply for an EOS and may remain in the United States in F-1 status until the approval of the H-1B petition or April 1 of the fiscal year for which H-1 B status is being requested, whichever comes first.