Quick Summary: The Department of Homeland Security announced major changes to the way F-1 students and J-1 exchange visitors are admitted to and remain in the United States. According to the update, beginning September 15, 2026, these individuals generally receive a fixed end date for their stay instead of the prior “duration of status” approach. HR directors and business owners with F-1 or J-1 workers should understand the new timelines, travel effects, and possible filing needs.

This update may be especially important for employers that hire recent graduates using Optional Practical Training (OPT) or STEM OPT, host exchange visitors, or support employees whose families hold dependent status. The rules described here are detailed and timing-sensitive, so it is important to review each person’s situation carefully.

A Fixed End Date Replaces Duration of Status

For many years, F-1 and J-1 visa holders were admitted with “duration of status,” often shown as D/S. In simple terms, this allowed a person to remain in the United States while maintaining the required status and continuing their approved program.

Under the new rule described in the update, F-1 and J-1 visa holders are instead admitted until a specific date. This is called an Admit Until Date, or AUD. The AUD will generally be the earlier of the person’s program end date or four years.

For employers, this means an employee’s or prospective employee’s immigration timeline may be more visible and more limited than before. It is important not to assume that program participation alone will allow continued stay beyond the date given at admission.

Travel Can Change Which Rules Apply

The update includes transition rules for people who were already in the United States in duration-of-status classification on September 15, 2026. Those individuals may generally remain through the program end date on their Form I-20 or DS-2019, or through the end of approved post-completion OPT or STEM OPT. This transition period cannot extend beyond November 14, 2030.

However, travel is important. If an F-1 or J-1 holder leaves the United States and returns on or after September 15, 2026, the new admission rules apply at re-entry. The person will receive an AUD based on the program end date or four years, whichever is shorter. The F-1 grace period after the program also changes from 60 days to 30 days.

Employers should encourage affected workers to understand the immigration consequences of planned international travel before they leave the country. A return to the United States may affect the person’s authorized timeline and later filing requirements.

OPT Timing May Require Additional Filings

OPT is a common employment option for eligible F-1 students after completing their studies. The update sets out different filing requirements based on timing and travel.

If a person applied for OPT before September 15, 2026, the update states that they may continue working through the end date of their OPT authorization. For post-completion OPT applications filed by March 18, 2027, the standard Form I-765 application is required, without a Form I-539 application.

For post-completion OPT applications filed after March 18, 2027, the update states that both Form I-765 and Form I-539 must be filed with USCIS. The document also states that a person who travels abroad and returns on or after September 15, 2026 must file both forms to apply for OPT, regardless of when the OPT filing is made.

For HR teams, the practical step is to identify employees or candidates who may rely on OPT and confirm that their expected work authorization timeline is being reviewed early. Filing requirements and processing times can affect start dates and continued work authorization.

Extensions May Require Action Before the Admit Until Date

If an F-1 or J-1 holder needs additional time in the United States beyond the AUD, the update says they must take action. This may be needed to complete a program, start a new program, or continue practical training.

First, the person’s school official must recommend the extension in SEVIS and issue an extended Form I-20 or DS-2019. After that, the individual must either apply to USCIS for an extension of stay or leave the United States before the AUD and seek admission again at a U.S. port of entry.

Employers should not wait until the end of an employee’s current authorization to ask questions. USCIS processing times can be lengthy, and the update warns that gaps in status can have serious consequences.

Academic Mobility Rules Are More Limited

The update also describes new limits on transfers and changes in academic programs. Students below the graduate level may not transfer schools or change programs before completing their first year of study, unless the Student and Exchange Visitor Program authorizes an exception because of extenuating circumstances.

Graduate-level students and above may not change programs or transfer schools unless an exception is granted for extenuating circumstances. After completing a U.S. degree after September 15, 2026, students may only move to a higher degree level. Another degree at the same or a lower level is not permitted under the rule described in the update.

English language training is also limited to a total of 24 months, including vacation periods. These restrictions may affect future hiring plans when a business expects a student or graduate to remain in a program or transition through additional study.

Dependent Family Members May Need Extensions Too

F-2 and J-2 dependents are generally tied to the principal F-1 or J-1 holder’s authorized stay. When the principal person files to extend status, dependent spouses and children generally need to extend their status as well.

The update states that dependents may be included in the principal applicant’s Form I-539 process by completing separate Form I-539A forms. It also notes that dependents may file separate Form I-539 applications instead. Dependents who are outside the United States do not need to file anything immediately, but if they enter on or after September 15, 2026, they will generally receive a fixed admission period tied to the principal person’s authorized stay.

Steps Employers and HR Teams Can Take Now

• Identify F-1 and J-1 employees, interns, and candidates whose work plans may depend on OPT, STEM OPT, or exchange visitor status.
• Ask affected individuals to review their Form I-20 or DS-2019, current work authorization, and any admission record with their school official or program officer.
• Encourage early planning for international travel, extensions, and OPT filings.
• Keep employment timing flexible when immigration filings or admissions could affect a start date or continued authorization.
• Maintain copies of important immigration documents and USCIS receipt or decision notices when appropriate for the employment relationship.

The update also notes that a lawsuit had been filed to stop the rule from taking effect, but no decision had been issued at the time of that update. Because immigration rules and litigation can change, businesses should monitor developments closely.

FAQ

What is an Admit Until Date?

An Admit Until Date, or AUD, is a specific date through which an F-1 or J-1 visa holder is authorized to remain in the United States. Under the update, it is generally the earlier of the program end date or four years.

Does travel outside the United States matter?

Yes. The update states that someone who leaves and re-enters on or after September 15, 2026 will be subject to the new admission rules and will receive an AUD at re-entry.

What should an employer do if an employee uses OPT?

Employers should encourage early review of the employee’s OPT timeline and filing requirements. The update describes different requirements depending on when the OPT application is filed and whether the person travels and re-enters the United States.

Can an F-1 or J-1 holder simply stay longer if a program takes more time?

Not automatically. The update says that a person who needs more time beyond the AUD must follow the extension process or depart before the AUD and seek admission again.

Are family members affected?

Usually, yes. The authorized stay of F-2 and J-2 dependents is generally tied to the principal F-1 or J-1 holder’s status, and they generally need extensions when the principal person extends status.

Ventresca & Ventresca LLP provides immigration law and employer counsel for businesses, HR professionals, and individuals in Wexford, Pennsylvania and beyond. If this update affects a pending or planned matter, contact us to discuss your situation and next steps.

This article is for general information only and is not legal advice.