University at Buffalo (UB)
We have compiled answers to Frequently Asked Questions (FAQs) to address concerns about the Fixed Admission Rule. Please note that this page is provided for informational purposes only and is not intended as legal advice.
Duration of Status (D/S) is a notation on the Form I-94 Arrival/Departure Record that nonimmigrant students and scholars in F-1 or J-1 status are given upon entry to the U.S. The D/S notation means that F-1 and J-1 students and scholars are permitted to remain in the U.S. for as long as they are engaged in their academic program or any authorized F-1 or J-1 employment immediately following their program completion.
With a D/S notation on the I-94 Arrival/Departure Record, students can complete a degree, begin a new degree, transfer to a new program, apply for post-completion employment authorization or academic training, without needing to seek a formal USCIS extension of their permission to remain in the U.S.
The change to the D/S rule would give students and scholars a fixed date until which they are permitted to remain in the U.S. before they would need to seek extended permission to remain. Under this new rule, many common procedures that students pursue as they complete an academic program (such as transferring to a new degree program or applying for post-completion employment authorization) would require students to simultaneously apply for an Extension of Stay (EOS) in the U.S. and pay the associated filing fees.
All F and J nonimmigrants who enter the United States on or after the effective date of September 15, 2026, will no longer be admitted for Duration of Status (D/S). Instead, they will be given an Admit Until Date (AUD) on their I-94. This AUD will be limited to the program end date noted on their Form I-20 or DS-2019, but not to exceed four years, plus a period of 30 days following their program end date.
The fixed date of admission to the U.S. is determined by U.S. Customs and Border Protection (CBP) upon entry to the U.S. or by U.S. Citizenship and Immigration Services (USCIS) upon approval of an Extension of Stay (EOS). The fixed date of admission corresponds to the F-1 Form I-20 or J-1 Form DS-2019.
F and J nonimmigrants may enter the U.S. up to 30 days before their I-20 or DS-2019 start date. Students and scholars will be granted admission to the U.S. for the length of their I-20 or DS-2019, not to exceed four years. The fixed admission date is calculated to begin on the I-20 or DS-2019 program start date, not the date of entry into the U.S. The fixed admission date will include a 30-day grace period after the I-20 or DS-2019 program end date.
The maximum four-year fixed duration of stay is not an overall limit on the time spent in the U.S. as an F-1 or J-1 student or scholar, or in the degree program for which the I-20 or DS-2019 is issued. The four-year duration is a maximum amount of time F or J nonimmigrants may be admitted to the U.S. with reference to their I-20 or DS-2019 before requesting an EOS.
Note: If your passport expires before your I-20 or DS-2019 program end date, CBP may also limit your AUD to your passport expiration date.
If you are physically present in the United States on September 15, 2026 in F or J status and have been previously admitted under Duration of Status (D/S), you can remain in the United States without applying for an Extension of Stay (EOS) until the end date listed on your current I-20 or DS-2019 but not to exceed November 14, 2030 (four years from the implementation date, plus the 60-day grace period) for F-1s and October 15, 2030 for J-1s (four years from the implementation date, plus the 30-day grace period). If a program requires additional time beyond October/November 2030, students will need to apply for an EOS with USCIS. Students will not remain under the transition period if they depart and re-enter the United States after the effective date of September 15, 2026.
If F-1 students are currently in the U.S. on their period of Post-Completion OPT or the 24-Month STEM Extension, their fixed admission date will be the end date of their current EAD.
Additionally, F-1 visa holders who will be filing an OPT application within six months of the effective date of the rule (by March 18, 2027), will not be required to apply for an EOS in addition to their I-765, assuming they do not travel internationally after September 15, 2026.
You will need to apply to USCIS for an Extension of Stay (EOS) before your Admit Until Date (AUD) by filing Form I-539, which currently requires a fee of $470 (paper) or $420 (online). Extensions will only be approved for the specific time needed to finish your program, not for another full four years. PhD students may need to file multiple extension requests with USCIS over the course of their degree.
Alternatively, you could take the extended I-20 or DS-2019 form and depart the U.S., and re-enter to be given an extended AUD.
Remaining in the United States after your authorized period of admission expires may result in:
It is absolutely essential that students are aware and keep track of their program end date, employment authorization end date (if applicable), and their Admit Until Date (AUD).
Typically, you start accruing unlawful presence if you stay in the U.S. after the date noted on your Form I-94. However, if you are admitted for Duration of Status (D/S) and your Form I-94 is marked “D/S”, then you may stay in the U.S. for the duration of your program, course of study, or temporary work assignment to the United States, plus any additional grace periods that may be authorized afterward. Nonimmigrants admitted for D/S generally begin accruing unlawful presence the day after their status ends, if they remain in the U.S. Similarly, if you seek and are granted an extension of your immigration benefit, your I-94 should be updated to reflect your lawful presence.
If an individual accrues 180-364 days of unlawful presence in the U.S., they can face a 3-year bar from entering the U.S. If an individual accrues 365+ days of unlawful presence, they can face a 10-year bar from entering the U.S.
It depends. If you are an F-1 visa holder and you are inside the U.S. on September 15, 2026 and have previously been admitted for Duration of Status (D/S), your grace period will not automatically change and will remain 60 days.
If you are an F-1 visa holder, depart the U.S. and re-enter after September 15, 2026, CBP will readmit you with a date-specific Admit Until Date (AUD) that includes 30-day grace period.
The grace period for J-1 visa holders remains 30 days and has not changed.
The visa is an entry document and determines how many times you can enter the U.S. and in what visa status. The visa does not determine how long you can remain in the U.S., your I-94/Admit Until Date (AUD) determines this. This means that if your visa has expires while you are inside the U.S., you may remain in the U.S. even with an expired visa.
If you choose to travel internationally once your visa has expired, you will need to renew it before you can be readmitted to the U.S.
Students may apply for an Extension of Stay (EOS) starting 180 days before their authorized period of admission expires.
Students who file an Extension of Stay (EOS) application before their program end date may continue on-campus employment, off-campus employment due to severe economic hardship, and Curricular Practical Training (CPT) for up to 240 days while the application is pending. After 240 days, students must stop employment until they have received approval of their EOS application.
Students who file an EOS during their grace period will have timely filed, must stop all employment while the EOS is pending and may only resume work if the extension is approved.
No, all F-1 and J-1 visa holders present in the U.S. on September 15, 2026 and admitted under Duration of Status (D/S) will need to file a corresponding Extension of Stay (EOS) application with USCIS if they need additional time to complete their program or practical training past their Admit Until Date (AUD).
Potentially, if the delays in program completion were shown to be due to poor academic performance, failing classes, failing to make normal academic progress, or otherwise deemed ineligible for F-1 status. If the person is deemed to have exceeded the normally allowed time period for a given academic program, an extension also might be denied. Proof of sufficient financial resources for the additional time period will also be required, and an application could be denied if funding was deemed insufficient.
As the I-539 is a personal, legal application, ISS is unable to assist with filing this form, however, we will provide resources to assist you in completing the form.
Travel is still an option. In addition to monitoring end dates on passports, visas, I-20/DS-2019, you will need to download your newest I-94 record from cbp.gov every time you enter the U.S. and be aware of your I-94 Admit Until Date (AUD).
As with any travel, F-1 and J-1 international students are advised to review our travel page to ensure they have the required documents for travel, including a valid travel endorsement (F-1) or travel validation (J-1) signature. Ultimately, travel is a personal choice and each student should assess their individual situation before traveling.
If an F-2 or J-2 dependent travels without the principal visa holder, they will be readmitted to the U.S. with a fixed Admit Until Date (AUD), not to exceed the AUD of the principal.
At this time, it is unclear if the grace period of the F-1 visa holder will be impacted if only the F-2 dependent travels.
At this time, ISS is still working to better understand the procedures for the Extension of Stay (EOS) and travel and re-entry processes. Both options will carry a level of risk, and require careful consideration.
Undergraduate students must complete the first academic year of their program of study at the school that initially issued their Form I-20 before changing their major.
Graduate students may not change of educational objectives at any point during their program of study.
Undergraduate students may not transfer between schools or change programs within their first academic year of study.
Graduate students are prohibited from changing academic programs or transferring schools at the same level any point during their degree.
For the purpose of F-1 undergraduate change of major or transfer, the academic year must be completed at the institution that initially issued the Form I-20 and only after a student completes two 15-week semesters (Fall and Spring or Spring and Fall).
The rule impacts program changes and transfers after September 15, 2026. Any SEVIS transfers or program changes prior to September 15, 2026 will not be impacted by the new rule.
No. After completing a degree, F and J students are only permitted to move to a higher degree level. Pursuing another degree at the same or lower level is not allowed. This includes completing a degree at the same level after a period of Post-Completion OPT or the 24-Month STEM Extension.
You may pursue a second degree at a higher level (i.e. Bachelor's to Master's or Master's to PhD). After gaining acceptance to the higher degree program and being issued an I-20 or DS-2019 for that program, you must timely file for an Extension of Stay (EOS) with USCIS, providing the Form I-20 or DS-2019 for the new program of study.
Our current understanding of the rule is that a PhD student can pursue a Master's degree in the same program (same program name and CIP code) on the way to earning the PhD.
No, this change will not be possible after September 15, 2026. Students enrolled in programs at the graduate level or above cannot change educational levels at any point during their program of study. Additionally, students are prohibited from the following after completion of a program of study:
U.S. Citizenship and Immigration Services (USCIS) recently announced a new Form I-765 that students will need to use to apply for Post-Completion OPT and the 24-Month STEM Extension beginning September 15, 2026. As of this date, all applications for Post-Completion OPT may still be submitted up to 90 days prior to your program end date, but the latest you may apply is no later than 30 days after your program end date.
No, you still may apply for the 24-Month STEM Extension up to 90 days prior to your current EAD end date, with the EAD end date being the latest you may apply.
It depends. If you are inside the U.S. on September 15, 2026 and have previously been admitted for Duration of Status (D/S), and you file your I-765 for Post-Completion OPT or the 24-Month STEM Extension by March 18, 2027, then a corresponding I-539 form is not required.
If you are outside of the U.S. on September 15, 2026 or leave the U.S. and re-enter after this date, you will need to file a Form I-539, even if you are applying for Post-Completion OPT or the 24-Month STEM Extension by March 18, 2027.
All applications for Post-Completion OPT and the 24-Month STEM Extension will require a corresponding I-539 if filed after March 18, 2027.
All applications for 24-Month STEM Extension will require a corresponding I-539 if filed after March 18, 2027, even if you have previously applied for Post-Completion OPT without filing an I-539.
Beginning September 15, 2026, you may request your OPT start date to begin within 30 days of your current program end date, even if you still have a 60-day grace period.
Please review the advising schedule on our Contact Us page, and select the tab that fits your situation.
Most of our advising sessions are drop-ins (meaning you do not schedule an appointment in advance), but we do offer appointments you can schedule at 1Diefendorf on South Campus for new and current students. Please check our schedule for more information.