Beginning September 15, 2026, U.S. Department of Homeland Security (“DHS”) will replace Duration of Status (“D/S”) with a fixed admitted until date for all F and J nonimmigrants. This change affects how individuals maintain status, extend their stay, and avoid unlawful presence.
The following Q&A explains SEVP, SEVIS, the new admitted until date, and the common concerns and pitfalls F and J nonimmigrants need to understand to remain compliant under the updated framework.
What are SEVP and SEVIS?
The Student and Exchange Visitor Program (“SEVP”) is part of Homeland Security Investigations (“HIS”) within U.S. Immigration and Customs Enforcement (“ICE”) and DHS. SEVP manages the Student and Exchange Visitor Information System (“SEVIS”), the web-based system used to maintain information on foreign students and exchange visitors who enter the U.S. temporarily to pursue a full course of study or participate in a Department of State (“DOS”) designated program.
SEVP serves as a bridge for schools, government agencies, and individuals seeking information about F-1 students, M-1 students, and J-1 exchange visitors. SEVP also certifies U.S. schools to enroll F-1 and M-1 students and monitors compliance with federal regulations. Once enrolled with a SEVP- approved school, a student will be registered for SEVIS and receive a Form I-20. If a student’s spouse and/or children will live with the student in the U.S., they must also enroll in SEVIS and obtain individual Forms I-20 from the SEVP-approved school.
The DOS manages the J-1 Visa Exchange Visitor Program. Both SEVP and the DOS use SEVIS to maintain critical information that supports the lawful entry and stay of foreign students and exchange visitors.
What happens on September 15, 2026?
Beginning September 15, 2026, Custom and Border Protection (“CBP”) will stop issuing D/S on the Form I-94 records of F students and J exchange visitors. Instead, the Form I-94 admitted until date (“AUD”) will reflect the program end date listed on the individual’s current Form I-20 or Form DS-2019, up to a maximum of four (4) years.
What was the importance of Duration of Status (D/S)?
Since the early 1990s, CBP has admitted F students and J exchange visitors for a period known as “duration of status.” D/S allowed individuals to remain in the U.S. as long as they were making normal progress toward completing their academic or research objectives, including participation in optional practical training (“OPT”). The significance of D/S becomes clearer when looking at how it interacted with unlawful presence rules.
What is Unlawful Presence and is it different than Unlawful Status?
Unlawful presence and unlawful status are related but distinct concepts. Unlawful status occurs when an individual violates the terms of their nonimmigrant classification, such as failing to maintain a full course of study. Unlawful presence, however, is when an individual remains in the U.S. after the Form I‑94 admitted until date, unless a timely filed request for another immigration benefit places them in a period of authorized stay.
Under D/S, students and exchange visitors did not automatically begin accruing unlawful presence simply by remaining in the United States beyond the program end date and grace period. Unlawful presence began only if U.S. Citizenship and Immigration Services (“USCIS”) found a status violation while adjudicating an immigration benefit or if an Immigration Judge made that determination in removal proceedings.
What is my Form I-94 AUD if I am in the U.S. as of September 15th?
Your Form I-94 admitted until date (“AUD”) will automatically convert to the program end date listed on your current Form I-20 or Form DS-2019, up to four (4) years, followed by a 60-day grace period for F students or a 30-day grace period for J exchange visitors. SEVIS should update to reflect the new Form I-94 date. Your physical Form I-94 may still display D/S, but your official record will show an AUD.
What if I travel after September 15th?
Upon re-entry to the U.S., CBP will issue a Form I-94 listing your AUD as the program end date on your current Form I-20 or Form DS-2019, up to four (4) years, followed by a 30-day grace period for F students, J exchange visitors, and their dependents.
My program is longer than four years. How do I complete my program if my Form I-94 is valid for only four years?
If you need additional time to complete your program, you must either file Form I-539, Application to Extend Status with USCIS to request an extension of status or depart the U.S. and seek re-admission for the remaining time listed on your Form I-20. You must demonstrate sufficient financial resources, continued full-time study, and an intent to depart the U.S. upon completion of your program.
My program was initially four years long, but I need more time. Can I request an extension?
Yes. You must obtain an updated Form I-20 and file Form I-539. Your request must include a permissible explanation, such as compelling academic reasons, documented medical conditions, or circumstances beyond your control, such as a school merger or natural disaster. Supporting documentation is required.
What happens if my Form I-94 AUD expires while my Form I-539 is processing with USCIS?
If you file Form I‑539 before your admitted until date (“AUD”) expires, you are considered to be in a period of authorized stay while the application is pending, even if the pending Form I‑539 extends beyond your AUD. This means you may remain in the U.S. lawfully until USCIS issues a decision. If USCIS ultimately approves the Form I‑539, your status is extended through the new validity period granted. If USCIS denies the Form I‑539, unlawful presence begins the day after the denial, which can trigger future bars to admission.
I was recommended for post-completion OPT or STEM OPT, what do I file?
If you have remained in the U.S. since September 15, 2026, and file before March 18, 2027, you need to file only Form I-765, Application for Employment Authorization. Beginning March 18, 2027, or if you depart and re-enter the U.S. after September 15, you must file both Form I-765 and Form I-539.
Can I file Form I-539 and Form I-765 together?
Yes. You are permitted to file Form I-539 and Form I-765 together and they should be adjudicated concurrently. However, it is currently unclear which form’s processing time will control.
Can I utilize USCIS’s premium processing service for my extension?
At the time of publication, premium processing is not available, and it is unknown if it will become available for F and J extension requests.
Do automatic employment authorization extensions still apply?
Yes. Automatic extensions of employment authorization continue to apply for eligible F‑1 students who timely file Form I-765. This includes an 180-day extension for STEM OPT and a 240-day automatic extension for CPT, on-campus employment, and OPT. However, the 240-day rule will not apply to J-2 dependents.
The automatic extension applies only to employment authorization and does not extend the Form I‑94 admitted until date. This means that even if your employment authorization document (“EAD”) is automatically extended, you must still maintain valid F‑1 status and ensure that your Form I‑94 AUD remains valid. If your AUD is set to expire while your Form I‑765 is pending, you must file Form I‑539 to extend your F‑1 status or depart and re-enter the U.S. to obtain a new AUD. Students should ensure their DSO updates SEVIS appropriately and should retain proof of the timely filed Form I‑765 and the expired EAD.
How does my Form I-94 AUD affect travel while my Form I-539 is pending with USCIS?
If you have a pending Form I-539, departing the U.S. before USCIS issues a decision will result in the abandonment of the petition. If you travel abroad, you will forgo the USCIS filing fees and must be prepared to re-enter in valid F or J status based on your current Form I‑20 or Form DS‑2019 and receive a new Form I-94 AUD from CBP. If your previous AUD had already expired at the time of departure, you cannot rely on the pending I‑539 to preserve status while abroad. You must instead qualify for re-entry based on your SEVIS record and documentation at the time you return.
What should I do if I receive a denial and begin accruing unlawful presence?
With the end of D/S, unlawful presence will begin the day after USCIS denies a student or exchange visitor’s application for an extension of stay. If USCIS denies an extension of stay or change of status and you begin accruing unlawful presence, you must take immediate action to limit the consequences. Unlawful presence can trigger three (3) and ten (10) year bars to reentry, so you should act promptly and avoid remaining in the U.S. without a lawful basis. You should review the denial notice to identify the reason for the denial, consult with legal counsel to advise whether any remaining options exist, and plan to depart the U.S. promptly. More than 180 days of unlawful presence in the U.S. will trigger a three (3) year bar while one year or more of unlawful presence will trigger a ten (10) year bar to future admission into the U.S.
What is happening to Day 1 curricular practical training (“CPT”)?
Day 1 CPT is not prohibited by the F program changes, but schools and students should expect continued and potentially increased scrutiny. Because students must now file Form I‑539 to extend status beyond the initial Form I-94 AUD, USCIS will have more frequent opportunities to review whether CPT was properly authorized and whether the program structure complies with federal regulations. CPT that is not clearly required for the degree program or appears to be used primarily for employment may lead to denials. If USCIS denies an extension of stay or change of status, and the Form I‑94 admitted until date has already passed or the grace period has ended, unlawful presence begins the day after the denial.
If selected in the H-1B lottery, can I still rely on cap-gap?
Cap-gap eligibility remains available. Under the cap‑gap rule, an F‑1 student with a timely filed H‑1B petition requesting change of status may receive an automatic extension of F‑1 status and employment authorization through September 30th. This benefit is tied to SEVIS, not the Form I‑94, so the cap‑gap extension can still be applied even if the student’s AUD expires before September 30th.
However, a student who travels abroad during cap-gap and after the AUD expires cannot re-enter in F‑1 status and benefit from the cap‑gap extension. In addition, if USCIS denies the H‑1B change of status request, unlawful presence begins the day after the denial because the student is no longer protected by D/S. Students should therefore avoid international travel during the cap‑gap period and ensure their SEVIS record is properly updated by their Designated School Official (“DSO”).
Can I enroll in a new program after completing my current program?
You cannot enroll in a new program at the same or lower educational level. You may enroll in a new program at a higher educational level. If accepted and enrolled with a SEVP-approved school, you will obtain a new Form I-20 and then file Form I-539 to extend your F status or depart and re-enter the U.S. to obtain a new validity period.
Can I still change my nonimmigrant status in the U.S.?
Yes. These changes do not affect your ability to request a change of nonimmigrant status to another classification. Individuals in F or J status may still file a change of status application with USCIS if they meet the eligibility requirements for the new category and file before their AUD expires or the end of the grace period.
Do these changes apply to my dependents?
Yes. Dependents in F or J status will also receive an AUD on their Forms I-94 starting September 15, 2026, and must file Form I-539 to extend their status beyond four (4) years. If all family members file together using Form I-539 with Form I-539A, USCIS will grant status based on the shortest possible AUD among the group. This may be affected by a passport expiration or a child nearing the age limit for dependent status. To avoid a shortened validity period, each family member may file a separate Form I-539.
What if my dependent turns 21 years old while I am in my program?
A dependent child may remain in F‑2 or J‑2 status only until the day before turning 21. If a dependent turns 21 before the principal’s program ends, the dependent must take action to remain lawfully in the U.S. Options may include applying for a change of status to another nonimmigrant category for which they qualify, such as F‑1 student status, or departing the U.S. before aging out. Because the AUD now functions as a fixed admission period rather than the flexible D/S framework, families should review dependent ages carefully when planning extensions or travel to ensure that the dependent does not fall out of status upon turning 21.
For questions about how this rule may affect your program or immigration strategy, please contact Ellen Freeman Immigration Law Group, PLLC.
