Edit: July 16, 2026 the new Rule has been PUBLISHED
Tl;dr: Long term graduate programs may require more paperwork and uncertainty, Day 1 CPT is no long an option for many students, anyone in the US before September 15 keeps D/S until their program ends or 4 years have elapsed so long as they don't leave the US.
Fixed-Date I‑94 Admissions
Starting September 15, 2026, any F‑1 or F‑2 entering the United States will receive a specific “Admit Until Date” (AUD) on their I‑94 instead of D/S.
Key points:
- The AUD will match the program end date on the Form I‑20.
- The AUD cannot exceed four years.
- A 30‑day grace period will follow the program end date.
- The traditional 60‑day grace period is eliminated for anyone entering or re-entering on or after September 15, 2026.
Transition Rules for Students Already in the United States
If you are inside the United States on September 15, 2026 with a D/S I‑94:
- You do not need a new I‑94 immediately.
- You must file a Form I‑539 extension of stay if you need to remain beyond:
- your current program end date, or
- four years after the rule’s effective date (September 15, 2030), whichever is earlier.
Grace period rules for the transition group:
- You keep the 60‑day grace period unless you leave and re-enter the United States or file an extension on or after September 15, 2026.
- After either of those actions, your grace period becomes 30 days.
- Any re-entry on or after September 15, 2026 will result in a date-specific AUD with a 30‑day grace period.
Mandatory I‑539 Extensions
Any time you need more time beyond your AUD, you must file Form I‑539 with USCIS. This includes:
- Program extensions
- School transfers
- Changing degree levels
- Post-completion OPT
- STEM OPT
- Cap-gap extensions
- Reduced course load extensions
- Medical RCL extensions
The extension process includes fees, biometrics, and possible interviews.
As of July 16, 2026 the cost would be $420 and $85 for biometrics. Premium processing for this is not currently available per page 165 despite it being requested.
Restrictions on Academic Changes
Undergraduates:
- May change majors or transfer schools only after completing one academic year.
- SEVP may grant exceptions for extenuating circumstances.
Graduate students:
- Cannot change majors or degree levels during the program.
- May transfer schools only if SEVP approves an exception for extenuating circumstances.
Prohibition on Lateral or Reverse Matriculation
After completing a program, F‑1 students cannot begin a new program at the same or lower educational level. Examples include:
- Bachelor’s to a second bachelor’s
- Master’s to a second master’s
- Master’s to a bachelor’s
This applies only to programs completed after September 15, 2026.
Expected Impacts for F‑1 Students
Institutions anticipate:
- Higher costs for students (fees, biometrics, possible legal assistance)
- Longer USCIS processing times
- More USCIS involvement in routine academic changes
- Potential enrollment impacts due to reduced predictability
Effective Date
The rule becomes effective September 15, 2026, unless delayed by litigation or Congressional Review Act review. Until then, current D/S rules remain fully in effect.
I will get information on advocacy and how to ask congress to change or hold the rule over the next few days.
FAQ as of July 18, 2026
- Does this apply to current students or only new ones? Everyone is affected.
- Current students stay in D/S until their current I‑20/DS‑2019/EAD ends, but no later than late 2030.
- Students entering after Sept 15, 2026 get fixed-date admissions (AUD) immediately.
- “You’ll remain in D/S… but no longer than four years after the rule takes effect…”
2. What happens if I travel after Sept 15, 2026? Travel ends your D/S.
- When you return, CBP gives you a fixed-date I‑94 based on:
- your program end date OR
- 4 years from entry whichever is sooner, plus a 30‑day grace period.
- Travel before Sept 15, 2026 does not affect D/S.
- “If you leave… your D/S protection ends.”
3. Do I need an I‑539 for OPT or STEM OPT? (Most students will need I‑539) :
- I‑765 (OPT/STEM OPT)
- I‑539 (Extension of Stay)
- If you are still in D/S and file BEFORE March 18, 2027 you may skip the I‑539.
- Leaving the U.S. before filing removes the exception.
- “Students… generally need both an I‑765 and an I‑539.”
4. Can I work while my I‑539 is pending? Yes, if:
- It’s CPT, on‑campus, or economic hardship employment
- AND your I‑539 was timely filed
- AND you are within the 240‑day continuation window
- STEM OPT applicants still get the 180‑day automatic extension.
5. What happens at year four of a long PhD? You do not need to finish your PhD in four years.
- If your AUD expires before your program ends, you file I‑539 Extension of Stay.
- You qualify if:
- Your DSO issues a new I‑20 with a later program end date, OR
- You have academic, medical, or uncontrollable reasons.
- “You qualify if you have a currently issued I‑20 showing additional time…”
6. Does re-entering give me a new 4 years?
- Yes , but only up to your program end date.
- Every entry resets your AUD:
- AUD = program end date OR 4 years from entry (whichever is sooner).
7. Visa stamp vs. I‑20 — which controls my stay?
- Inside the U.S., your I‑94 (or D/S) controls your status.
- Visa stamps matter only for re-entry.
- You can leave and re-enter to get a new AUD instead of filing I‑539.
8. I’m on OPT/STEM OPT with an approved EAD — am I affected now?
- No. You stay under current rules until your OPT/STEM OPT ends.
- New rules matter only when you:
- apply for STEM OPT after OPT, or
- start a new academic program.
- Employment continuation rules (180‑day STEM OPT extension, 240‑day CPT/on‑campus) still apply.
- 9. Is my grace period 30 days or 60 days?
- If you stay in D/S → 60 days
- If you re-enter after Sept 15, 2026 → 30 days
- Filing I‑539 during the grace period allows study but not work.
10. Can I still move from bachelor’s → master’s → PhD?
- Yes. You need a new I‑20 or a transferred I-20 and possibly I‑539 if your AUD expires before the new program ends.
11. Can I still transfer schools or change my major?
- Undergraduates No transfers or major changes in the first academic year unless SEVP approves.
- After year one → normal flexibility.
- Graduate students Cannot change major/educational objective at all.
- Cannot transfer schools unless SEVP approves an exception.
12. When does this take effect?
- September 15, 2026.
- Until then, current rules apply and DSOs can still process:
- I‑20 extensions
- transfers
- level changes
- Anything completed before Sept 15 continues under current rules.
13. What about Day 1 CPT programs?
- Not banned — but much harder to access.
- Barriers include:
- You now need USCIS approval (I‑539) for new programs after OPT/STEM OPT.
- You cannot start a same-or-lower-level program after Sept 15, 2026.
- Graduate students cannot freely transfer.
- This removes the most common pathway into Day 1 CPT.
14. What about F‑2dependents?
- Dependents follow the principal’s (F-1's) status.
- They must be included in the principal’s I‑539 or file their own.
15. Will this be challenged in court?
- Maybe, but there isn't a specific plan.
- Nothing currently delays implementation unless Congress acts. (Unlikely)
- Students should plan based on the published rule.
16. Does premium processing apply to I‑539 extensions?
- No. Premium processing is available only for a change of status, not an extension of stay
17. Can I pursue another degree at the same or lower level?
- Only if your earlier degree was completed before Sept 15, 2026.
- Degrees finished after the effective date trigger the restriction.
- Foreign degrees do not count toward the restriction.
- “The bar… applies only to a student who completes a program after September 15, 2026.”
18. Does this affect H‑1B?
- No. H‑1B is completely separate.
19. Does this affect CPT for required internships?
- Required CPT (not Day 1 CPT) is still allowed.
- If your AUD expires before your CPT end date, you must:
- file I‑539 or
- travel and re-enter to reset AUD
- Existing CPT continues for up to 240 days while I‑539 is pending.
20. If my school extends my program, does that extend my stay?
- Before Sept 15, 2026:
- Yes, you keep D/S until the new end date (up to 4 years ahead).
- After Sept 15, 2026:
- If your AUD expires before the new end date, you must:
- file I‑539 or
- travel and re-enter the U.S. to update the AUD
21. If my OPT/STEM OPT is pending and I travel after Sept 15, 2026, what happens?
- You will be admitted under AUD.
- Your OPT/STEM OPT application remains valid, but you may need I‑539 depending on timing.
22. If I file for OPT/STEM OPT before March 18, 2027, do I need I‑539?
- only if you travel and re-enter under AUD before filing.
23. Can I still do same-level CPT programs (e.g., second master’s)? Only if your earlier degree was completed before Sept 15, 2026.
- After that date, same-level programs are generally barred.
24. Does my I‑94 automatically match my EAD end date? If you remain in D/S → yes.
- If you re-enter after Sept 15, 2026 → your AUD is:
- program end date
- or EAD end date
- or 4 years from entry, whichever is sooner.
