New rule on foreign nationals holding F-1 and J-1 status takes effect Sept. 15
USCIS (U.S. Citizenship & Immigration Services) has issued a major final rule effective Sept. 15, 2026 that impacts foreign nationals who hold F-1 or J-1 status as well as their employers. Under the new rule, these statuses will be more limited in nature, will require more action to maintain, and will require more employer tracking and involvement.
We strongly advise against international travel by individuals holding F-1 or J-1 status and their dependents now and until further notice. By traveling and then re-entering the U.S. on Sept. 15, 2026 or later, an individual in F-1 or J-1 will trigger an entirely new and more onerous process limiting the time for which they are admitted into the U.S. and requiring that they apply to extend their status, which had not previously been required. They would be admitted for a fixed period, until the later of the EAD expiration date or the program end date on the I-20/DS-2019, not to exceed four years from Sept. 15, 2026.
This also applies to dependents holding F-2 or J-2 status; they too should not travel.
Generally, the new rule imposes a four-year limit of stay in the U.S. in F-1 or J-1 status (rather than being admitted for “duration of status, or “D/S”), with possible limited extensions and exceptions, the mechanics and timing of which are not yet clear. Importantly, for those holding these statuses who stay put and do not travel internationally, and who continue to properly maintain their status, they may not be required to take any additional action until fall 2030, allowing for some time to determine the risks and finalize strategies.
For those who do trigger the new rule by traveling abroad and re-entering the U.S. on Sept. 15 or later, a different and higher level of tracking the admission period and timely filing to extend status based on proven need would be required, and could impact employment.
Among other changes embodied in the rule, OPT EAD and STEM OPT EAD (“STEM extension”) applications filed using Form I-765 will need to be accompanied by applications to extend status, to be filed with USCIS using Form I-539. Regular, post-completion OPT will not be automatically extended while the extension of status (EOS) request is pending; both must be approved before the person can work.
An exception to the new EOS filing requirement will be available for post-completion OPT and STEM OPT EAD applications filed with USCIS by March 18, 2027, and for those already filed and pending.
For J-1s, those who file an EOS by March 18, 2027 may continue program activities and employment while the EOS is pending, up to the program end date on the new DS-2019, regardless of how long adjudication takes.
Additionally, it will no longer be permitted to pursue an additional degree at the same degree level, and changing educational objectives or transferring to a different school will be disallowed in most circumstances.
We are continuing to track developments in this area and to advise our clients accordingly.
Contact us for a consultation if you need additional information on your particular situation.
