Starting September 15, 2026 (Effective Date), the Department of Homeland Security (DHS) implements new rules affecting the I-94 validity period for individuals entering/staying in the U.S. on F, J, and I visas. These new regulations will not only affect Students entering the U.S. after the effective date, but also those who are already present in the U.S. as of the effective date.
Until now, F-1 students were admitted under Duration of Status (D/S), which allows a student to continue staying in the U.S. as long as their SEVIS is active. Under the new rule, students would be required to file an extension of their status from time to time even though their SEVIS is active. Further, the rule implements more restrictions on students trying to change their degree programs.
Who will be impacted?
Students and their dependents entering or present in the U.S. as of the Effective Date. Also, those who are on I visas.
What has changed under this rule?
Unlike before, when students were issued an I-94 until the “Duration of Status,” which allowed them to continue staying in the U.S. as long as they were able to extend their SEVIS by obtaining new I-20s; the new rule requires Students to file an Extension of Status whenever a fresh I-20 is issued with a new program end date. Under this rule, a student entering the U.S. on an F visa will receive an I-94 with an Admit Until Date, which is determined by the Program end date stated on the I-20 used for entering the Country or staying in the Country as of the Effective Date.
- Those students and their dependents who are entering the U.S. on or after the Effective Date will receive an I-94 which is valid until the program end date mentioned in their I-20 plus 30 days (Grace Period), not to exceed four years plus 30 days for arrival and an additional 30 days for departure.
- Those students and their dependents who are already present in the U.S. as of the Effective Date; their I-94 will automatically expire within 60 days of the end date mentioned on their I-20 issued on or before the Effective Date. Once a student departs the US and re-enters, they will receive an I-94 until the program end date plus 30 days. Exception: Students who are admitted into the U.S on D/S and have timely filed for their OPT or STEM OPT before March 18, 2027, are not required to file for Extension of Status unless they travel outside the U.S before filing the I-765 application for (OPT/STEM OPT)
- In both cases, students and their dependents who need additional time to either complete their program of study or begin a new program or engage in additional practical training will need to file for an extension of status or depart the U.S. and re-enter to obtain a new period of admission or stay (I-94). This is an additional step that students need to take apart from applying for OPT.
- We recommend that the students file for their extension of status before their program end date, i.e., before the start of the 30/60-day grace period. Those students with a valid work authorization who file for extension of status before the program end date can continue to work for up to 240 days while the extension is pending with USCIS. But if a student files for their extension of status after the program end date (even though they have an I-94 for the next 30 days), they cannot continue working until their extension of status is approved.
- Restrictions on changing educational Levels: International students enrolled in programs below the graduate level (Eg: Bachelors or below) cannot change educational levels during their first year of study, unless the Student and Exchange Visitor Program (SEVP) authorizes an exception for extenuating circumstances. Students enrolled in programs at the graduate level (master’s or above) cannot change educational levels at any point during their program of study. Additionally, students are prohibited from the following after completion of a program of study.
- Changing to a program of study at a lower educational level (e.g., moving from a master’s program to a bachelor’s program); or changing to a program of study at the same educational level (e.g., moving from a bachelor’s program to a bachelor’s program).
- Restrictions on changing Majors: International students enrolled in programs below the graduate level cannot change their major during their first year of study, unless the SEVP authorizes an exception for extenuating circumstances. Additionally, students enrolled in programs at the graduate level or above cannot change their major at any point during their program of study.
- Restrictions on Transferring Schools: International students enrolled in programs below the graduate level cannot transfer to another school during their first year of a program of study and must complete their first year at the school that initially issued their Form I-20, unless SEVP authorizes an exception for extenuating circumstances. Students enrolled in programs at the graduate level or above cannot transfer at any point during their program of study, unless SEVP authorizes an exception for extenuating circumstances like school closure, etc.
Examples:
1. John is an F-1 visa holder who wants to pursue a Master’s degree in Civil Engineering. His program start date is January 01, 2027, and the program end date is May 15, 2028.
- John can enter the U.S. as early as December 3rd, 2026 (30 days before the program start date) and will receive an I-94 valid until June 14th, 2028 (30 days from the program end date). John will need to leave the Country by June 14th, 2028, unless he can extend his status.
- If John intends to participate in the Optional Practical Training (OPT), then he would need to file for an extension of status along with his OPT application.
- If John files for an extension of status before May 15th, 2028 (program end date), upon receiving the OPT approval, he can continue working on OPT for up to 240 days while his Extension of Status application is pending with USCIS
- If John files for Extension of Status after May 15th, 2028, he cannot start working until his Extension of Status application is approved even though his OPT is approved.
- If John wants to participate in the STEM OPT, he will have to file for another extension, and the same rules would apply w.r.t to the filing timeline.
- John will not be allowed to pursue a bachelor’s degree in civil engineering since he already has a master’s degree in civil engineering. John will not be allowed to change his field of study from Civil Engineering to Computer Science after he has enrolled in the Civil Engineering program.
- John will not be allowed to transfer from the University he used to obtain his visa and entry into the U.S unless extenuating circumstances exist, like School closure, etc.
2. Sam is an F-1 visa holder who wants to pursue a Bachelor’s degree in Mechanical Engineering. His program start date is January 01, 2027, and the program end date is May 15, 2031.
- Sam can enter the U.S. as early as December 2nd, 2026, and will receive an I-94 valid until January 31st, 2031 (4 yrs and 30 days from the Program Start date).
- For Sam to complete the designated program, he will need to apply for an Extension of Status before January 31st, 2031 (or) leave the country and re-enter with an extended I-20.
- If the new Extension is granted (or) Sam is readmitted into the U.S., he will receive an I-20 valid until June 14th, 2031.
- If Sam intends to participate in the Optional Practical Training (OPT), then he would need to file for an extension of status along with his application for OPT.
- If Sam files for an extension of status before May 15th, 2031, upon receiving the OPT approval, he can continue working for up to 240 days while his Extension of Status application is pending with USCIS.
- If Sam files for Extension of Status after May 15th, 2031, he cannot start working until his Extension of Status application is approved even though his OPT is approved.
- If Sam wants to participate in the STEM OPT, he will have to file for another extension, and the same rules would apply w.r.t to the filing timeline.
- Sam cannot change his education level, such as switching from a Bachelor’s program to an associate’s degree, unless he first completes his 1st year in the Bachelor’s program. SEVP authorizes an exception.
- Sam cannot change his major from Mechanical Engineering to Industrial Engineering unless he first completes his first year in the Mechanical Engineering program and receives approval from SEVP.
- Sam cannot transfer from the university that he used to obtain his student visa and enter the United States unless he first completes his first year of study and demonstrates valid extenuating circumstances. Examples of extenuating circumstances include the university closing or the academic program being discontinued.
3. Ram is an F-1 student who is already present in the United States as of September 15, 2026, pursuing a Master’s degree in a Computer Science program ending on June 30, 2027.
- Although Ram has an I-94 valid until the duration of Status, Ram’s I-94 will be valid only until August 29th, 2027 (60 days from the Program end date). Ram will need to leave the Country before August 29th, 2027, unless he can extend his status.
- If Ram intends to participate in the Optional Practical Training (OPT), then he would need to file for an extension of status along with his application for OPT.
- If Ram files for an extension of status before June 30th, 2027, upon receiving the OPT approval, he can continue working on OPT for up to 240 days while his Extension of Status application is pending with USCIS.
- If Ram files for Extension of Status after June 30th, 2027, he cannot start working until his Extension of Status application is approved even though his OPT is approved.
- If Ram wants to participate in the STEM OPT, he will have to file for another extension, and the same rules would apply w.r.t to the filing timeline.
- Further, Ram will not be allowed to pursue a Bachelor’s degree in Computer Science since he already has a Master’s degree in Computer Science. Also, Ram will not be allowed to pursue a Master’s degree in Data Science since he already has a Master’s level of Education.
- However, Ram will be allowed to pursue a higher-level program such as a DBA or Ph.D. in any field of study provided Ram applies for an Extension of Status.
4. Riya is an F-1 student who is already present in the United States with an I-94 valid until D/S, completed her Master’s degree in Electrical Engineering, and is participating in Optional Practical Training (OPT) with EAD valid until Feb 28, 2027.
- Although Riya’s I-94 states D/S, her I-94 will be valid only until April 29th, 2027. Riya will need to leave the Country by April 29th, 2027, unless she can extend her status.
- If Riya intends to participate in STEM OPT, then she need not file for an extension of status as long as the STEM OPT application is timely filed, since DHS has granted an exception until March 18, 2027, unless Riya has obtained a new I-94 by re-entering the U.S.
- In case Riya travels outside the US after the Effective Date and re-enters the U.S the March 18, 2027, the exception would not apply since she would no longer get an I-94 with D/S.
If Riya has travelled outside the U.S. and re-entered on January 10, 2027, she would receive a new I-94 valid only until March 28, 2027. In that case;
- If Riya files for an extension of status before Feb 28th, 2027, upon receiving the STEM OPT approval, she can continue working on OPT for up to 240 days while her Extension of Status application is pending with USCIS.
- If Riya files for Extension of Status after Feb 28th, 2027, she cannot start working until her Extension of Status application is approved even though her STEM OPT is approved.
- Further, Riya will not be allowed to pursue a Bachelor’s degree in Electrical Engineering since she already has a Master’s degree in Electrical Engineering. Also, Riya will not be allowed to pursue a Master’s degree in Computer Science since she already has a Master’s level of Education.
- However, Riya will be allowed to pursue a higher-level program such as a DBA or Ph.D. in any field of study provided Riya applies for an Extension of Status.
5. Fatima is an F-1 student who is already present in the United States, currently engaged in a Master’s degree in Business Administration and participating in Curricular Practical Training (CPT) from Day 1, with the program ending on March 31, 2028.
- Fatima’s I-94 will be valid until May 29th, 2028. Fatima will need to leave the Country by May 29th, 2028, unless she can extend her status.
- Fatima is not eligible to participate in OPT as she has participated in full-time CPT for more than 12 months.
- Further, Fatima will not be allowed to pursue a Bachelor’s degree in Business Administration since she already has a Master’s degree in Business Administration. Also, Fatima will not be allowed to pursue a Master’s degree in Information Technology Management since she already has a Master’s level of Education.
- However, Fatima will be allowed to pursue a higher-level program such as a DBA or Ph.D. in any field of study provided Fatima applies for an Extension of Status.