FAQ -Scholar

Yes, scholars currently inside the U.S. who were given an I-94 with Duration of Status (D/S) will be impacted. The rule provides a 60-day transition period and will be effective 9/15/2026. 

After those 60 days, J-1 scholars who are currently inside the U.S. will be able to continue their J-1 program until the end date listed on their DS-2019 form. If scholars wish  to remain beyond the DS-2019 end date, they will need to apply for an extension of stay through USCIS. Once the extension is approved, D/S will be changed to a fixed period end date, based on your DS-2019 end date (not to exceed 4 years plus a 30-day grace period).   

Scholars currently outside the U.S. who enter the U.S. on or after 9/15/2026 will be issued an I-94 record with a fixed period end date.  In most cases, your new I-94 end date will be the same as the DS-2019 end date, not to exceed 4 years plus a 30-day grace period).

As a scholar, the end date on your DS-2019 no longer represents the legal length of time you can remain in the U.S. You must refer to your I-94 record (given at the port of entry) to determine your period of legal stay in the U.S.  

If the end date of your  I-94 is approaching and you need additional time to complete your program, you must take three steps before your I-94 expires:

1. Work with your department to request an updated DS-2019 from ISSS; 
2. File Form I-539 with USCIS to request an Extension of Stay (application fee required); and
3. Please upload a copy of the USCIS I-797 Receipt Notice and I-797 Approval Notice to your iTerp account. 
4. Meet with your department HR Analyst and provide a copy of the I-797 receipt and approval notices. The department will recertify your I-9.

You will receive the updated DS-2019 from ISSS with the extended end date but this will simply be a recommendation. 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.
 

As a J-1 scholar, you are authorized to continue engaging in activities consistent with your J-1 program objectives for a period of up to 240 days. 

Please note the I-539 extension of stay (EOS) application must be filed on or before the J-1 DS-2019 end date. 

Under the new rule, USCIS will determine eligibility for an extension of stay and may apply stricter standards and use its own discretion when determining if a program extension is warranted. We recommend that you include a letter of support from your department explaining the need for an extension.

After you have timely filed your EOS, please meet with your department HR Analyst and provide a copy of the I-797 receipt and approval notices. The department will use these documents to extend your work authorization in Workday and recertify your I-9.

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. At this time, the criteria for eligibility for an EOS is not clear. 

If your EOS application is denied and the authorized period of stay on your I-94 has expired, you must immediately cease employment and depart the United States.
 

Please note that Form I-539 is a personal application. As ISSS advisors are not immigration attorneys, our guidance is limited to general information. For case-specific advice, we strongly recommend consulting an immigration attorney. Should you require any documentation from the department or ISSS to address the RFE, please reach out to your ISSS advisor. Please upload a copy of the notice to your iTerp account. 

Scholars who wish to pursue a J-1 program at another university may be eligible for a transfer. Please consult your current and new sponsor to determine eligibility.
 

With a timely filed EOS application, a J-1 scholar may remain in the U.S. and continue their program activities while it is pending with USCIS, but not to exceed the end date on the new sponsor's DS-2019 form.

The transfer between UMD and your new sponsor will need to be carefully coordinated to process before the J-1 DS-2019 end date and to allow sufficient time to submit the EOS application with USCIS.

"an EOS application would be considered timely filed if the date on the receipt notice for the application of EOS is on or before the date the authorized stay expires."

J-2 dependents do not have the benefit of continued work authorization once the EAD expires. 

The I-765 EAD extension is not eligible for premium processing, therefore, we encourage you to file as early as possible, up to 180 days before your current EAD expires.

ISSS has scheduled two workshops for J-1 scholars. We invite you to attend one of our workshops below to learn more about D/S and its impact on your J-1 program at UMD. 

• Wed, Aug 5 - D/S Workshop for J-1 Scholars