Duration of Status Rule Change
On Friday, July 17, 2026, the U.S. Government published a rule change for "Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media." This directly impacts students and scholars using the F and J visa types. The rule is effective 60 days from the publication date. For official information from the U.S. Government, we recommend using this link to Study in the States which contains more information.
Baylor has created this FAQ page to try to provide information on many of the significant changes. Please be aware that there are still procedures related to the new rule that have not yet been released by the U.S. Government. We expect to receive guidance over the next 60 days before the rule becomes effective. We ask for your patience as we serve you in navigating these changes.
This page will be updated regularly as new information becomes available. Also, please continue to check your email for further updates and information on upcoming webinars/trainings on the new regulations.
Updated: July 17, 2026
The new rule will become effective 60 days after the publication date. Since July 17, 2026, is the publication date, the effective date SHOULD be September 15, 2026. It is important to remember that the rule specifically includes the following statement: “This rule has been classified as a major rule subject to congressional review. The effective date is September 15, 2026. However, at the conclusion of the congressional review, if the effective date has been changed, DHS will publish a document in the Federal Register to establish the actual effective date or to terminate the rule.”
- Duration of Status (D/S) will no longer be given to students and scholars when they enter the U.S. Previously students could remain in the U.S. for as long as necessary to complete their degrees and any OPT as long as they maintained Active status.
- For new/initial students entering the U.S., the End Date on the I-94 will now match a student’s Program End Date on their I-20 or DS2019 but will not exceed more than 4 years from their Program Start Date.
- For currently active students, "F or J nonimmigrants in D/S on the day the rule takes effect do not need to have their Form I-94 corrected to a date certain, provided they continue their studies or programs listed on their DS-2019s or I-20s. They will be allowed to stay in D/S until the program end date on those DS2019s and I-20s or 4 years after the effective date of the rule, whichever comes first. However, should these F and J nonimmigrants decide to travel abroad during this transition period, they will be issued a new I-94 with a date certain upon their return, as will all other F and J nonimmigrants. See new 8 CFR 214.1(m)(1)(ii)."
- The 60-day grace period currently allowed for international students is now changed to 30 days for students entering the U.S. in Initial Status after the effective date of the rule.
- Students who are currently in the U.S. on the effective date of the rule who do not depart the U.S. after the effective date will continue to have the 60-day grace period following the end of their program or period of OPT. Those who leave the U.S. after the effective date will change to a 30-day grace period.
- Graduate students will no longer be allowed to change academic programs or transfer to a different school in the U.S at any point during their degree program.
- Undergraduate and graduate students would not be allowed to complete another degree at the same, or lower, academic level. After completing a degree program, F and J students would only be able to move to a higher degree level.
- Students requesting a change of level to a higher degree will be required to file an I-539 form with USCIS, along with the required fee.
- If a student or scholar needs to extend their Program, U.S. Citizenship and Immigration Services (USCIS) will have to approve those requests.
- The school international student advisor will have to recommend the academic program extension in SEVIS.
- USCIS will have to adjudicate the application to extend the stay.
- This application would require the filing of Form I-539, with an application fee of $470 (paper application) or $420 (online application).
- Students would also need to provide evidence of funding for the extended period. If F-2 and J-2 dependents are in the U.S., they would need to be included with the principal F-1 or J-1 extension application.
- Biometrics (fingerprinting) would also be required.
- Extensions will only be approved for the time needed to complete the program – not for an additional four years.
- While the application for extension is pending, students are allowed to continue on-campus employment up to 240 days if the I-539 form is received by USCIS before the academic program end date as listed on the I-20 or DS-2019 form.
- Applying for OPT or Academic Training will require students to submit applications for both an Extension and OPT.
- If students file for OPT or AT work permission within six months of the effective date of the final rule, they will only have to file the I-765 application but not an I-539 extension application.
- Students filing for OPT or academic training AFTER the end of the six-month grace period will be required to file the I-765 work card application (OPT) and the I-539 extension application
- Undergraduate students will not be allowed to transfer schools or academic programs within the first year of study, unless SEVP grants an exception for extenuating circumstances.
- If an undergraduate student is allowed to transfer to another institution, the student will need to file an I-539 application with the fee which must be approved by USCIS, if the end date of the new program is beyond the allowed end date for the previous program.
- Graduate students will not be allowed to change academic programs at their current institution or transfer to a different school in the U.S at the same level. They can leave and re-enter to start a new program with a new I-20.
- When transferring after completing a degree, undergraduate and graduate students would not be allowed to complete another degree at the same, or lower, academic level. After completing a degree program, F and J students would only be able to move to a higher degree level.
- If no legal challenges prohibit the rule from being finalized, then the rule becomes effective 60 days AFTER the final publication date.
- During those 60 days after the final publication date, students who request to extend their programs, to apply for a change of level to a higher degree or to apply for OPT will not have to file an Extension of Status application with USCIS.
- 60 days after the rule is final…
- Students who need to extend their programs or who want to change to a higher degree level will have to file an Extension of Status application with USCIS and pay the additional fee.
- Students who file for OPT within 6 months from the final publication date of the new rule will not have to file the Extension of Status application with USCIS for their OPT.
- Graduate students cannot change their programs or transfer to a different institution unless they leave and re-enter on a new I-20 or DS2019.
- Undergraduate students cannot change their degree or major during the first year of their program unless they receive special permission from the U.S. Government. After the first year of study, students can change majors/degree programs at the undergraduate level.
- Graduate students cannot change their degree or major at any time during their program unless they receive special permission from the U.S. Government.
Yes, we are currently working on webinars for the week of July 27th. Continue to check your Baylor email for dates and times and/or return to this page for updates on those information sessions.