FAQ -Student

The proposal includes transition provisions for F1/J1s already in the U.S. in D/S. 

F1/J1s who have a D/S I-94 will retain that I-94 for the duration of their current I-20 

• Students who need more than four more years to complete their program from the final rule effective date must apply for an extension of stay in order to remain in status. 
• F-1 students in this transition group will retain their legacy 60-day grace period even after September 15, 2026, but if they exit and reenter the United States or apply for an extension of stay on or after the effective date they will be assigned a 30-day grace period under the new rule. 

Students currently outside the U.S. who enter the U.S. on or after September 15th, 2026 will be issued an I-94 record with a fixed end date. For enrolled students that end date will align with the I-20/DS-2019 end date + a 30 day grace period. 
The fixed admission period cannot exceed 4 years, plus  a 30-day grace period.

For students on OPT/AT who re-enter, the I-94 end date will be the end date of your EAD card plus 30 days.  

If your I-94 end date is approaching and you need more time to complete your program, you must take the following two actions before your I-94 expires:

1. Request an updated I-20 or DS-2019 from ISSS; and
2. File Form I-539 with USCIS to request an Extension of Stay (application fee required).

You will receive an updated I-20/DS-2019 from ISSS that documents your continued academic or exchange program, however this will simply be a recommendation. You will now need to file Form I-539 with USCIS. USCIS will review your application and determine whether to authorize a new period of stay on your I-94 that extends to cover the additional time needed to complete your program.

A timely filed EOS will allow you to remain in the U.S. while USCIS processes the application. The rule also allows you to continue to work on campus, CPT or pre-completion OPT for up to 240 days, provided your I-539 was received by USCIS before your academic program end date as listed on your I-20 or DS-2019.

Currently, ISSS in conjunction with your academic department, determines if there are justifiable reasons for a program extension (8 CFR 214.2(f)(7)). These include medical or academic reasons, or delays in program completion due to a natural disaster. With the rule change, USCIS now determines eligibility for legal status extension and it appears they will  apply stricter standards and use its own discretion when determining if a program extension is warranted.  The new rule references probation and lack of academic progress as reasons an extension of stay may not be granted.

Yes, USCIS is the governing agency now to determine eligibility for a legal status extension, and they can use agency discretion to determine if an extension is warranted. USCIS might deny an extension request due to poor academic performance, failing classes, failing to make normal academic progress or if the individual is deemed to have exceeded the normal allowable time period for a given academic program.

Part of the OPT/AT process will now include requesting additional time on your I-94 to cover the full period of academic training. Along with your application for OPT/OPT STEM or Academic Training, students will need to file an additional I-539 application to request the extension of stay to cover your practical training period.

Yes, those in the U.S. who hold a D/S I-94  who are applying for post-completion OPT would have a six (6) month period following the effective date of the rule to submit the OPT application without also filing the I-539 form for the extension of stay (EOS). 

Students who apply for the 1st year of OPT must wait until the EAD card is received in order to start work. (no change from current rule)   Students who timely filed a STEM OPT application along with the EOS (if required) may continue to work up to 180 days as permitted by the current employment rules. 

F-1/J-1 students planning to apply for OPT or STEM OPT should start early and consider the following.

• File as early as possible change to consider filing as early as regulations permit (90 days prior to program end date)
• Students who hold D/S on 09/15/2026 will be permitted to file for OPT/OPT STEM up until 03/18/2027 without filing the additional EOS with the OPT application. Consider if you are eligible to apply before this date to avoid the extra application process and fee.
• Avoid last-minute travel. Check with your DSO before international travel.
• Watch for updates. Follow official school communications and DHS announcements.

The rule places limits on certain academic changes for F-1 students.

These limits may depend on your level of study, including whether you are in:

• A language training program;
• An undergraduate program; or
• A graduate program.

In general, there are restrictions on transferring between schools, changing majors and changing academic levels, depending on your program of study.  
Review the questions below carefully and consult ISSS before making academic changes.
 

F-1 students in the U.S. who entered to pursue language study or an undergraduate degree are prohibited from doing a SEVIS transfer to a new school during the first year (two semesters) of a program.  

Undergraduate students who wish to pursue a program at another university prior to the completion of a year will need to depart the U.S. and re-enter the U.S. on a new I-20/DS-2019.

Consult ISSS before requesting a transfer.

F-1 graduate students are not permitted to transfer their SEVIS record to a new program at the same academic level. For example, if you are in a master’s program, you may not transfer your SEVIS to another master’s program.

If you wish to pursue a program at a different university at the same level, you will need to depart the U.S. and re-enter the U.S. on a new I-20/DS-2019.  Admission into the U.S. is never guaranteed and is up to the discretion of CBP.

Graduate students who complete a degree program at one level and wish to transfer to another program at a higher level are permitted but may still need to  address their I-94 expiration date and file an I-539 extension of stay

Students are not eligible for a transfer to a second degree at the same level or a lower level.  

Consult ISSS before making transfer plans.

The new rule restricts any program changes for Undergraduates in the first year of F-1 status.  

No, the new policy requires a graduate student to remain in the program of study they had when entering the U.S.  

Graduate students who wish to change their major will need to depart the U.S. and re-enter the U.S. on a new I-20 with the new major.

English language study is capped to 24 months in aggregate.

Students already in the U.S. when the rule takes effect will keep the current 60-day grace period after the end of their program or OPT; however, students who enter the U.S. after the effective date will only receive the 30 day grace period. 

This means after the completion of your program or OPT you have 30 days to take the next step. Within 30 days, you must either:

• Depart the U.S.; 
• Apply for OPT (if not on OPT);
• Change to a new status; or 
• Transfer to another school.

ISSS will hold a series of webinars  to review the new policy. Check our website for upcoming dates.

These new policies can add additional stress and uncertainty to international students. Students feeling overwhelmed should reach out to the UMD counseling center for support.