The rule is still pending as of April 10, 2026.
While rumors of publication have been noted since December 2025, currently anticipated publication could be sometime in April or May 2026. There is no way to definitively tell when it will be published. Due to the scope and impact of the rule, it is best to
try to be prepared for the impacts on international students, scholars, and academic immigration offices.
The formal title of the rule is: “Establishing a
Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information here.
Media”. You can access the text of the rule
The Department of Homeland Security is proposing to eliminate the "Duration of Status" (D/S) notation that F-1 and J-1 visa holders Currently, international students and “duration of status”. The allowed period of (for F-1 visa holders), or DS-2019 form (for academic or research program end date. your allowed length of stay would be limited length or four years.
currently receive when entering the U.S. are admitted with a D/S notation, meaning defaults to the end date on the I-20 form visa holders), which is usually the
under the new proposed regulation to the shorter of your academic program
Under the existing D/S regulations, international students and scholars may apply for extensions of stay directly to their academic
immigration advisors (DSOs or AROs), and do not have to apply for immigration extensions from a government agency, such as USCIS. The final publication date is not yet confirmed. The rule will become effective 60 days after it is published. Based on the academic government to impact the admission cycle 2026 might be anticipated.
calendar, and the possible intention of the 2026, a publication date of April or May of
Yes. If the rule takes effect while you are already in the U.S., your status will be converted to a fixed end date — the date listed on your current I-20 or DS-2019, but no more than four years from the rule's effective date. If you need more time, you will have to apply for an extension through USCIS, with the support of your DSO or ARO, using Form I-539.
Yes. People in the U.S. who currently hold F-1 status and who are applying for post-completion OPT would have a six month period following the effective date of the rule in which to submit the OPT application *without* having to also file an I-539 form for the extension period of their academic program. Applications filed for OPT after the end of the 6 month grace period would also have to file the I-539 form with USCIS.
In order to apply for an extension of your immigration status, you would need to first apply to your DSO or ARO in the International Services office for an extended I-20 form or DS-2019 form. You would then need to completed and signed Form I-539 to USCIS
that signed form along with a to request an extension of stay. The USCIS fees for filing the application are found here. Students already in the U.S. when the rule grace period after the end of their program U.S. after the effective date will only receive
effect will keep the current 60-day OPT. However, students who enter the a 30-day grace period.
You would need to apply to USCIS for an extension of stay 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.
Currently, your immigration advisor, in conjunction with your academic department, can determine if there are justifiable reasons for
a program extension (8 CFR 214.2(f)(7)). These can include medical or academic reasons, or delays in program completion due to a natural disaster. USCIS may apply stricter standards and use its own discretion when determining if a program extension is rule emphasizes that USCIS should be the for a legal status extension, and they can extension is warranted.
warranted. As it is proposed, the pending
agency in determining eligibility agency discretion to determine if an
If the delays in program completion were shown to be due to poor academic performance, failing classes, or otherwise failing to make normal academic progress, USCIS might deny an extension request. 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 required, and an application could be may review cases as well for possible fraud non-immigrant intent – which requires F and returning to their home country.
for the additional time period will also be if funding was deemed insufficient. USCIS issues, and violations of required J visa holders to maintain the intention of If USCIS denies an extension application, you should first inform your DSO or ARO. It would probably be advisable to consult with options that might be available to you. With
an immigration attorney as well, about other a notice of denial, your lawful status in the U.S. would end, and you would not be allowed the normal grace period to depart the U.S. Depending on your school or be allowed to continue your enrollment if the U.S. following an extension denial would
policies and regulations, you also may not lack proof of lawful status. Remaining in be a serious violation of immigration regulations, and may subject you to the accrual of unlawful presence. This could result in you being barred from coming back to the
U.S. for a certain number of years. (https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-inadmis sibility)
The proposed rule significantly restricts this students may not transfer schools or
in certain circumstances. Undergraduate programs within their first year of study, unless SEVP grants an exception for extenuating circumstances. Graduate students would be prohibited from changing programs or transferring schools at any point during their degree.
No. After completing a degree, F and J students would only be permitted to move to a higher degree level. Pursuing another degree at the same or lower level would not be allowed, though the proposed rule notes some ambiguity around how degree levels are defined (e.g., MBA vs. MS, MD vs. DVM, LLM vs. JD).
It depends on timing. If you apply for OPT within six months of the rule's effective date, you do not need to file an I-539 extension —
just the standard I-765 work authorization form. If you apply after that six-month window, you will need to file both the I-765 and the I-539 with USCIS, along with the associated fees. Note that if you travel outside the U.S. and re-enter after the rule's effective date, you lose the six-month grace period for applying for OPT under the current process, the I-765 and I-539 with USCIS.
Yes, for up to 240 days, provided your I-539 academic program end date as listed on on-campus work, CPT, and pre-completion
and accordingly will be required to file both
was received by USCIS before your I-20 or DS-2019. This applies to
Yes. Changing your academic level to a higher degree program will require you to receive a new I-20 or DS-2019 form from your immigration advisor, and then to file an I-539 form with USCIS.
Dependent visa statuses (F-2 and J-2) will or J-1. Dependents will need to be included
to have extensions as well as the F-1 in I-539 extension filings with the principal F-1 or J-1, but should not have to file with separate filing fees.
Dependents should be included in your principal I-539 extension application rather than filing separately. Note though that they need
to complete the I-539 form as well – but would not need to file with separate filing fees.
Under the proposed regulation, ESL students are limited to a total ESL academic program of two years inclusive of any holiday breaks. You will not be eligible for an extension of your ESL program beyond two years. Talk to your international student advisor (DSO) as soon as possible. If you are planning to apply for OPT, transfer, change programs, or need a program extension, acting before the rule takes effect may allow you to minimize the impact of the new requirements and fees.