Updates Regarding Duration of Status (D/S) Provision for F and J Nonimmigrants

Effective September 15, 2026, F-1 and J-1 visa holders will no longer be admitted under the “duration of status” (D/S) notation, which previously allowed them to stay in the U.S. as long as they maintained their visa status and made normal progress in their academic programs. Instead, under the new rule, F-1 and J-1 visa holders will receive a fixed period of stay with a specific “admit until date” on their Form I-94. The “admit until date” will be limited to the shorter of their academic program length or four years from the rule’s effective date (i.e., September 14, 2030), plus the applicable grace period to depart (30 or 60 days). Extensions to the “admit until date” will need to be processed through USCIS. The new rule also provides for an alternative whereby individuals may leave the U.S. and seek readmission with a new period of admission from USCIS; however, the specifics of this process remain unclear.

You may remain in the U.S. without applying for an extension of status up to your program end date on your Form I-20 or DS-2019, not to exceed four years from the rule’s effective date (September 14, 2030) plus the applicable grace period for departure (30 or 60 days). You must apply for an extension of status with USCIS if you wish to remain in the U.S. beyond this date. The new rule also provides for an alternative whereby individuals may leave the U.S. and seek readmission with a new period of admission from USCIS; however, the specifics of this process remain unclear. 

Please see below on how to apply for an extension of status.

If you decide to travel abroad and re-enter the U.S. on or after, September 15, 2026, you will automatically be given an “admit until date” on your Form I-94 (which will be the program end date on your Form I-20 or DS-2019plus a 30-day grace period), and your post-graduation grace period will drop from 60 to 30 days if you are an F-1 student. The grace period for J-1 students and scholars remains 30 days both before and after this rule change. 

If you already know you will require an extension beyond the program end date currently listed on your Form I-20or DS-2019, apply as soon as possible before September 15, 2026. Please contact Bechtel as soon as possible so we can assist you. 

The rule significantly restricts transfers. Undergraduates may not transfer or change programs in their first year, unless SEVP grants an exception for extenuating circumstances. Graduate students may not transfer schools or change programs at any point during their program of study, unless SEVP authorizes an exception for extenuating circumstances. Examples of extenuating circumstances include a school closure or a school’s prolonged inability to hold classes due to a natural disaster. Please check with Bechtel to discuss and before taking any steps.

No. After completing a degree, you may only move to a higher degree level. Another degree at the same or lower level is not permitted. Please consult with Bechtel about dual degree programs or if you are a coterm student.

If you apply for post-completion OPT within the 6-month transition period after the rule’s effective date (i.e., by March 18, 2027), you will only need to file Form I-765.

If you apply for post-completion OPT after the 6-month transition period (i.e., after March 18, 2027), you will be required to file both Form I-765 and Form I-539, and pay the filing fees for both applications: Form I-765 filing fee and the Form I-539 filing fee.

Please note that if you travel internationally, you will be required to file Form I-539, even if your OPT application is submitted within the 6-month transition period.

F-2 and J-2 dependents are also subject to the new rule. When a dependent enters the U.S. their “admit until date” on their Form I-94 will match the principal F-1 or J-1’s authorized stay. 

The first step in applying for an extension of stay is to request an extension of your Form I-20 or DS-2019 through Bechtel Connect (or F-1/J-1 students) or through your department (for J-1 scholars). You must then file the Form I‑539 with USCIS using the updated, signed Form I-20 or DS-2019 and including any supporting documents and the applicable fee established by USCIS, currently $420 for online and $470 for paper. USCIS may also require biometrics, an interview and/or additional documents. 

At this time, we do not have additional information about processing times. Accordingly, we recommend you start your extension of stay application as soon as possible. You can start the extension of stay process up to 180 days before your “admit until date.” 

USCIS extensions are approved only for the specific additional time needed to finish, and not to exceed four years. There is no limit on the number of extensions you may file for. However, you will need to go through the above process including filing another Form I-539 each time. 

Please contact Bechtel before traveling abroad while your application is pending. Although technically there is no prohibition to doing so, please be aware that if you do not respond to a Request for Evidence (RFE) or other requests from USCIS in a timely fashion, your application will be considered abandoned and denied. It is also unclear at this time how U.S. Customs and Border Protection (CBP) may determine your admission period upon re-entry to the U.S. while your application is pending. 

Yes, if USCIS received your extension of stay application before your “admit until date” including before the start of the grace departure period (most likely 30 days before your “admit until date”) then you may continue employment for up to 240 days while the application is pending. However, if you file an extension of stay during the grace departure period (most likely within 30 days of your “admit until date”), you must stop all employment while the extension of stay is pending and may resume work only if the extension is approved.

If USCIS denies your extension of stay application, you will need to depart the U.S according to your original “admit until” date or immediately, if that date has passed. A denial will end lawful status upon notice to you if your prior “admit until” date has already lapsed; in this situation staying could lead to unlawful presence and future re-entry bars. Please contact Bechtel immediately and consider consulting an immigration attorney. 

If you already know you will require an extension beyond the program end date currently listed on your Form I-20or DS-2019, apply as soon as possible before September 15, 2026. Please contact Bechtel as soon as possible so we can assist you. 

Monitor this page for updates and review your I-94 upon every entry into the U.S. 

Please contact Bechtel before making any academic, employment or travel decisions that may affect your status.