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DHS Final Rule on Duration of Status Will Go Into Effect September 15, 2026

Rule name: Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media

Read the final rule now!

This is the NAFSA home for analysis of the Department of Homeland Security (DHS) final rule that will eliminate "duration of status" (D/S) for F and J nonimmigrants in favor of a fixed admission period.

Shortlink to this NAFSA page: https://www.nafsa.org/dsfinalruleanalysis. 

This NAFSA page reflects only changes to duration of status and program limits for F and J nonimmigrants. DHS also has eliminated duration of status for I information media nonimmigrants. The rule is complicated, and we will update this NAFSA page as insight and understanding progresses.

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Current status

  • Final rule published in the Federal Register on July 17, 2026 at 91 FR 44976
  • Final rule effective date: Tuesday, September 15, 2026
  • Transition provisions: The final rule applies in slightly different ways to F and J nonimmigrants who were admitted to the United States for D/S and who are in the United States on the final rule effective date.

Brief synopsis

The final rule replaces “duration of status” admissions to the United States in F and J nonimmigrant status with fixed end dates on Form I-94, requires students and exchange visitors to file formal extension applications with USCIS to stay beyond their I-94 "admit until" date (AUD), shortens the F-1 post-completion grace period from 60 to 30 days, and imposes new limits on academic flow and educational mobility. DHS argues the changes will improve oversight, program integrity, and national security, but institutions will face higher compliance costs and legal risks, enrollment impacts, and heavier advising burdens. There are transition provisions for F and J nonimmigrants who were admitted for D/S on their Form I-94 and are inside the United States on September 15, 2026, the final rule effective date. These individuals will not have to immediately apply for a date-certain I-94, but they must still apply for an extension of stay in order to remain in status beyond the program end date on their Form I-20 or DS-2019 current on the effective date, or four years from the final rule effective date (i.e. November 14, 2030), plus a period of 30 days following their program end date., whichever is shorter, and will also be subject to the new academic restrictions in varied ways. If someone in this transition group exits the United States and reenters on or after September 15, 2026, CBP will readmit them with a Form I-94 with a date-specific AUD.

About the final rule effective date of September 15, 2026

The rule will become effective on September 15, 2026, which is 60 days after the July 17, 2026 date of official publication in the Federal Register, unless litigation or Congressional review under the Congressional Review Act alter that. Until the effective date, the current rule remains in full operation and the current regulations will continue to fully govern all aspects of F and J practice.

Note that quarter-system schools whose instruction often begins in the latter half of September might have more of their new or returning students receive a date-specific I-94 upon entry or reentry because of the mid-September effective date, unless they enter the full 30 days before their program start date (i.e., before the final rule effective date), as allowed by the regulations. In addition, those whose I-20 or DS-2019 program end date is within the first few months of the September 15, 2026 effective date will have to act quickly to maintain their status.

Redline versions

To help visualize how the final rule effective September 15, 2026 will impact the current rule, NAFSA is preparing red-ine versions of major parts of the final rule for NAFSA members. 

Government resources

Government resources have begun to appear. See:

NAFSA

Resources from NAFSA include:

Analysis

Contents

Consider these sample readiness checklists

Consider these sample readiness checklists in the time leading up to when the final rule goes into effect on September 15, 2026:

Core messaging and recruitment readiness

  • Develop standard explanation of fixed-date admission vs. prior D/S system
  • Create brief explanation of I-539 extension requirement
  • Update recruitment talking points to address program duration limits (max 4 years per admission) and reduced 30-day grace period
  • Prepare comparison messaging for students evaluating other countries
  • Align messaging across admissions, international office (DSOs/ROs), and marketing materials

Offer letters and admissions materials

  • Review all offer/admission letters for immigration-sensitive language
  • Add notice that admission is tied to the program end date on the I-20/DS-2019 and may require additional USCIS filings
  • Ensure program length listed is realistic and defensible
  • Flag programs with variable duration such as PhD, thesis, and clinical programs

Pre-arrival communications

  • Update admitted student communications to include fixed-date admission explanation and need to file Form I-539 before expiration if applicable
  • Create a simple timeline showing entry, program, possible extension, and 30-day grace period
  • Add FAQ covering what happens if more time is needed, whether transfers are allowed, and what happens after graduation

Coordination with international office (DSO/RO)

  • Establish joint admissions–DSO protocol for program length verification before I-20/DS-2019 issuance and escalation of complex cases
  • Define roles so admissions handles general framework and DSOs/ROs handle case-specific guidance
  • Schedule regular coordination meetings during rollout

Academic program alignment

  • Audit all programs for typical vs. maximum completion time and likelihood of extension needs
  • Identify high-risk categories such as PhD and research programs, ESL/pathway sequences, and programs with variable timelines
  • Work with departments to avoid understating program length

ESL and pathway programs

  • Map ESL and academic progression timelines against the 24-month ESL cap
  • Identify students at risk of exceeding ESL limits
  • Revise conditional admission messaging to reflect constraints
  • Coordinate sequencing with partner and pathway providers

Transfer and mobility advising

  • Update admissions FAQs on transfers and changes of major or educational objective
  • Train staff to avoid promising flexibility that may no longer exist
  • Flag inquiries involving graduate program changes or second degrees at the same or lower level

Cost and financial communication

  • Add estimated immigration compliance costs to advising materials including I-539 filing fee, biometrics fee, and possible legal costs
  • Prepare response to questions about additional costs beyond tuition
  • Coordinate with financial aid offices for consistent messaging

Timing, deferrals, and enrollment management

  • Develop policy for late arrivals due to visa or extension delays and for deferrals tied to pending USCIS decisions
  • Identify critical enrollment deadlines that may be impacted
  • Coordinate with registrar on flexibility options

Employment and outcomes messaging

  • Update OPT and academic training explanations to reflect possible need for extension of stay
  • Prepare responses to questions about post-graduation work options
  • Align messaging with career services and international office

Staff training and risk management

  • Train admissions staff on core rule changes and limits of their advising role
  • Develop escalation protocol for referring students to DSOs/ROs
  • Create internal quick-reference guide for staff

Systems and process updates

  • Update CRM to flag program length concerns and immigration-sensitive cases
  • Add internal checklist to application review process for program duration validation and pathway sequencing
  • Ensure consistent data flow to DSO team

Transition cohort communication

  • Prepare messaging distinguishing students already in D/S status from those entering under the new rule
  • Add FAQ addressing whether the rule applies to specific students
  • Segment communications by student cohort

Early case triage for extension risk

  • Identify students likely to need additional time soon after the effective date of the final rule
  • Classify cases by EOS risk (low, medium, high)
  • Reassess risk periodically (e.g., annually or at midpoint of program)
  • Develop preliminary strategy for high-risk cases (EOS, transfers, travel/reentry, or program adjustments)

Strategic positioning

  • Update recruitment materials to emphasize institutional advising support and compliance infrastructure
  • Prepare country-specific messaging where sensitivity is high
  • Monitor competitor country messaging

Quick implementation priorities for the first 30 days after final rule is published

  • Update offer letters and admitted student communications
  • Train admissions staff and deploy FAQs
  • Align messaging with DSO/RO office
  • Audit program lengths for top-enrolled programs
  • Publish updated web guidance for prospective students and scholars

In addition, consider these suggestions from SEVP in their Elimination of Duration of Status FAQ:

"Designated school officials (DSOs) can assist F students with understanding the elimination of duration of status final rule by:

  • Ensuring current students are aware of the transition from duration of status to a fixed period of admission, including when current students may need to apply for an extension of stay (EOS) with U.S. Citizenship and Immigration Services (USCIS) to extend their authorized period of admission in the United States.
  • Educating students on the importance of understanding their Admit Until Date (AUD), including how students can locate this date by accessing the Form I-94 website.
  • Monitoring students with approaching AUDs in the Student and Exchange Visitor Information System (SEVIS) and informing these students about the options to apply for an EOS with USCIS or traveling with an updated Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” and obtaining a new AUD from U.S. Customs and Border Protection.
  • Recommending students for an EOS in SEVIS and providing them with an updated Form I-20 when needed. If students file for an EOS during the 30-day departure period, remind them that they may not work while the EOS is pending.
  • Informing students about new restrictions on changing educational level, changing majors and transferring.
  • Making students aware of their period to depart the United States or otherwise maintain status following completion of a program of study or post-completion optional practical training (OPT) or science, technology, engineering and mathematics OPT. "

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Executive Summary

In a nutshell: The final DHS rule replaces “duration of status” admissions with fixed end dates on Form I-94s, requires students and exchange visitors to file formal extension applications with USCIS, shortens the F-1 grace period from 60 to 30 days, and imposes new limits on changes to educational objectives. DHS argues the changes will improve oversight, program integrity, and national security, but institutions will likely face higher compliance costs and legal risks, enrollment impacts, and heavier advising burdens.

Key changes included in the final rule:

  • Fixed-date admissions to the United States.
    • Instead of being admitted for "duration of status" (D/S) as they have been since 1991 for F students and 1993 for J exchange visitors, individuals applying for admission in or change of status to either F or J status (F-1 students, F-2 dependents, J-1 exchange visitors, and J-2 dependents) on and after September 15, 2026 will be admitted for a fixed date, recorded on the F or J nonimmigrant's Form I-94. 
    • This "Admit Until Date" (AUD) will be limited to the program end date noted on their Form I-20 or DS-2019, not to exceed 4 years (i.e., whichever is shorter), plus a period of 30 days following their program end date.
    • The F-1 grace period will be reduced from the current 60 days to 30 days for F students and dependents who enter or reenter the United States on and after September 15, 2026.
  • Formal extension of stay process.
    • Individuals who need time beyond their Admit Until Date (AUD) for whatever reason (e.g., an extension of program, school transfers, moving academic levels, use of post-completion practical training or academic training) will have to timely file a complete Form I-539 extension of stay application with USCIS before their AUD expires, on Form I-539 (with fee, biometrics, and possible interview).
    • The final rule also outlines standards for F-1 extension eligibility.
    • Rather than applying for an extension of stay with USCIS, the rule gives someone the option to exit the United States and reenter (if they have a valid visa from a U.S. consulate), where U.S. Customs and Border Protection (CBP) would adjudicate the request for more time, in the port of entry process.
  • Transition provisions.
    • There are transition provisions for F and J nonimmigrants who were admitted for D/S on their Form I-94 and are inside the United States on September 15, 2026, the final rule effective date. 
    • These individuals will not have to immediately apply for a date-certain I-94, but they must still apply for an extension of stay in order to remain in status beyond the program end date on their current Form I-20 or DS-2019 or OPT EAD card, or four years from the final rule effective date (i.e. November 14, 2030), whichever is shorter, and will also be subject to the new academic restrictions in varied ways.
    • 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.
    • If someone in this transition group exits the United States and reenters on or after September 15, 2026, CBP will readmit them with a Form I-94 with a date-specific AUD that includes a 30-day grace period.
    • There are some other transition provisions relating to employment.
  • Cap on ESL duration of admission.
    • The stay of English language training students is capped at 24 months;
  • Restrictions on transfers and changes of educational objectives.
    • Students at below the graduate level may change their educational objectives (e.g., change majors, etc.) or transfer schools only after their first year of study, unless SEVP approves an exception on a case-by-case basis for "extenuating circumstances"
    • Graduate students are not eligible to change their educational objectives (i.e., "majors or educational levels") "at any point during their program of study."
    • Graduate students may be eligible to transfer schools during their program of study, but only if SEVP approves an exception on a case-by-case basis for "extenuating circumstances" ... Note that under the proposed rule, there was no SEVP exception provision for graduate transfers as there is in the final rule.
  • Prohibition on lateral or reverse matriculation.
    • After completing a program at a particular educational level F-1 students are barred from pursuing a subsequent program at the same or lower educational level. DHS has clarified in the final rule that this limitation on study at the same or lower educational levels applies only to programs that are completed after the effective date.

The final rule also expands USCIS discretion, revises related employment authorization and dependent rules to account for the fixed admission period.

In the preamble to the proposed rule, DHS had acknowledged potential enrollment impacts and institutional compliance costs, but frames the changes as enhancing program oversight and integrity, and national security. In the preamble to the final rule, DHS unabashedly says: "It is speculative and difficult to predict the extent to which nonimmigrant students may be deterred from coming to the United States based on this rule when a variety of factors play a role in a student determining when and where to enroll."

Under the final rule schools and exchange visitor programs should anticipate:

  • Increased student and exchange visitor confusion and workload due to the new USCIS filing requirement.
  • Higher costs and delays for students and exchange visitors (filing fees, biometrics, possible interviews, possible legal representation).
  • Potential enrollment and research impacts if students and exchange visitors view U.S. study and research as more burdensome and less predictable.
  • Training and adaptation costs for DSOs/ROs, estimated by DHS at $93.3 million across the sector in year one.
  • Possible increase in legal liability

The final rule will become effective on September 15, 2026, 60 days after the final rule was published in the Federal Register, unless litigation or Congressional review under the Congressional Review Act alter that. Until the effective date, the current rule remains in full operation.

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Differences of note between the proposed and final rules

DHS reports in the preamble to the final rule that it made "several modifications" to the regulatory text of the proposed rule. These include both technical edits as well as clarifications and more substantive changes.

While there are no wholesale rollbacks in the final rule of changes proposed in the proposed rule, there are several important tweaks that should be understood.

  • Although graduate students will still not be able to change educational objectives at any time during their course of study, DHS added a provision allowing them to ask SEVP for  "extenuating circumstances" exceptions to the prohibition on transfers during a course of study.
  • Added that the prohibition on lateral and reverse matriculation will apply only to programs of study that are completed after the final rule effective date.
  • Limits to two years the authority of DHS to delay implementation of the academic restrictions of the rule because of infeasibility.
  • For students who need more time to complete their program of study, the final rule more clearly offers the option of either filing an extension of stay application with USCIS or traveling and reentering the United States with a valid visa to be admitted by CBP.

The I-94 "Admit Until Date" (AUD) - Replacing D/S with a fixed admission period

In a nutshell: Under the rule, F and J nonimmigrants will be admitted only until their program end date, not to exceed four years, plus a 30-day grace period. This is known as the "Admit Until Date" (AUD), which will be reflected on the Form I-94 of all individuals who enter or reenter the United States in F or J status on or after the final rule effective date. Any extension beyond the AUD will require filing with USCIS. This change shifts the long-standing practice of flexible D/S admissions into a rigid system of deadlines and formal USCIS application filings.

Instead of being admitted for "duration of status" (D/S) as they currently are (since 1991 for F students and 1993 for J exchange visitors), individuals applying for admission in or change of status to either F or J status (F-1 students, F-2 dependents, J-1 exchange visitors, and J-2 dependents) will be admitted only until the program end date noted in their Form I-20 or DS-2019, not to exceed 4 years, plus a period of 30 days following their program end date. This is known as the "Admit Until Date" (AUD).

F and J nonimmigrants seeking a extension of stay beyond their AUD will first request a recommendation for an extension through the P/DSO or A/RO along with a Form I-20 or DS-2019 reflecting that recommendation, in a process similar to I-20 or DS-2019 issuance done under current regulations. If the P/DSO or A/RO recommends the program extension the F-1 or J-1 (and any F-2 or J-2 dependents) must timely apply for an extension of stay (EOS) on Form I-539 with USCIS to remain in the U.S. beyond the "Admit Until Date" date on their I-94.

This rule does not change the program period a school or program could put on an I-20 or DS-2019… instead, it will limit the period of admission that CBP or USCIS gives on the F or J’s Form I-94.

This 4-year maximum period of admission is not an aggregate cap on time spent in F-1 or J-1 status... it is the maximum time for which an F or J nonimmigrant may be admitted with reference to the end date on their Form I-20 or DS-2019 certificate of eligibility (COE), or, in the case of post-completion or STEM OPT, the employment end date of their OPT EAD.

Examples

Consider these examples when determining how the final rule will impact your campus.

  • Full four-year program. The program period on a prospective F-1 student's Form I-20 is exactly four years: September 1, 2027 - August 31, 2031. CBP may admit this person to the United States in F-1 status on August 2, 2027 (up to 30 days before the report date) and record the I-94 expiration date as September 30, 2031 (to reflect the 30-day grace post-completion "grace" period).
    • Although this student is admitted to the United States for a period longer than 4 years, it satisfies the regulation because the program is only for 4 years.
    • If this student eventually needs one more semester to complete the program, they would have to timely apply for an extension recommendation and receive an extension I-20 from their DSO and then file an extension of stay (EOS) application with USCIS on Form I-539 (with fee) to extend status for the additional time needed to complete the program.
  • Shorter program. The master's degree program period on a prospective F-1 student's Form I-20 is September 1, 2027 - August 31, 2029.
    • This student would be admitted until September 30, 2029 (for the duration of the program on the Form I-20 plus the 30-day grace post-completion "grace" period.)
    • If this student completes the master's program and wants to change levels to a doctoral degree program they would have to timely apply for and receive a change of level Form I-20 from their DSO and then timely file an extension of stay (EOS) with USCIS on Form I-539 (with fee) to extend status for the additional time needed to complete the subsequent program.
  • Programs longer than 4 years. The program period on a prospective J-1 research scholar's Form DS-2019 is 5 years, from September 1, 2027 - August 31, 2032.
    • Because of the 4-year maximum period of admission, this J-1 scholar would be admitted in J-1 status only until 2031, i.e., for 4 years plus 30 days, and would have to timely apply for an extension of stay (EOS) to USCIS on Form I-539 (with fee) to extend status for the additional year needed to complete the program.

Consider these SEVIS transactions that, if they result in a new program end date or OPT end date, would normallyu require an extension of stay through USCIS under the final rule. The lists include reference to the current SEVP or DOS instructions for those transactions.

F-1

J-1

  • Extension Within the Maximum Duration of Participation Request. DS-2019 User Manual 13.1.6.
  • Extension Beyond the Maximum Duration of Participation Request. DS-2019 User Manual 13.1.5.
  • Change of Category Request. DS-2019 User Manual 13.1.1.
  • Amend Program. DS-2019 User Manual 12.1.1.
  • Transfer an Exchange Visitor. DS-2019 User Manual 13.3.1. and 15.2.
  • Add Student Academic Training. DS-2019 User Manual 13.6.1.
  • Reinstatement Request. DS-2019 User Manual 14.2.
  • Correct SEVIS Status. DS-2019 User Manual 16.1.

Regulatory wording

Note that in addition to changing the subject heading of paragraph (f)(5) from the current F-1 rule's "Duration of status" heading to "Period of stay," and otherwise eliminating all reference to "duration of status," the final rule also:

  • Removes the current rule's provision that states "The student is considered to be maintaining status if the student is making normal progress toward completing a course of study."
  • Removes the current rule's provision regarding the standard for setting the program end date:
    • The current rule at 8 CFR 214.2(f)(7)(ii) is titled Report date and program completion date on Form I-20 or successor form, and says: "When determining the program completion date on Form I-20 or successor form, the DSO should make a reasonable estimate based upon the time an average student would need to complete a similar program in the same discipline."
    • The final rule at revised 8 CFR 214.2(f)(5)(iii) is titled Report date on Form I-20 or successor form, and neither the title nor the paragraph text make reference to program completion date, despite the importance of the program completion date under the final rule.

F provisions at revised 8 CFR 214.2(f)(5)(i) (as modified by the final rule):

(5) Duration of statusPeriod of Stay --

(i) General. Duration of status is defined as the time during which an F-1 student is pursuing a full course of study at an educational institution certified by SEVP for attendance by foreign students, or engaging in authorized practical training following completion of studies, except that an F-1 student who is admitted to attend a public high school is restricted to an aggregate of 12 months of study at any public high school(s). An F-1 student may be admitted for a period up to 30 days before the indicated report date or program start date listed on the Form I-20 or successor form. The student is considered to be maintaining status if the student is making normal progress toward completing a course of study. An F-1 student is admitted for a fixed period of time, which is the period necessary to complete the course of study indicated on the Form I-20, or successor form, not to exceed a period of 4 years, plus additional times noted in this paragraph (f)(5)(i). A continuing F-1 student may be granted additional time to complete their program of study, as described in paragraphs (f)(7) and (f)(8)(iv) of this section, begin a new program of study, as described in paragraphs (f)(5)(ii)(D) and (f)(7) of this section, or following the completion of studies to engage in post-completion optional practical training (OPT) and the Science, Technology, Engineering and Mathematics (STEM) extension of OPT, as described in paragraph (f)(5)(i)(D) of this section. An F-1 student described in this section may be admitted for a period of up to 30 days before the indicated report date or program start date listed on the Form I-20 or successor form. An alien described in this paragraph (f)(5)(i) may remain in the United States for an additional 30 days as provided in paragraph (f)(5)(v) of this section. The 30 day period before the indicated report date or program start date and 30 additional days following the program end date or the 4-year maximum period of admission do not count toward the maximum length of stay. The admission periods described in this paragraph (f)(5)(i) are subject to the following exceptions:

(A) F-1 students whose course of study is in an English language training program are restricted to a maximum of admission period of 24 months, plus an additional 30-day period of stay for the purposes of departure or to otherwise seek to maintain lawful status.

(B) Border commuter students under the provisions in paragraph (f)(18) of this section may be admitted for the applicable period described under paragraph (f)(18).

(C) F-1 students attending a public high school, which may also include a charter school or other similar school funded by U.S. taxpayers, are restricted to an aggregate of no more than 12 months to complete their course of study, including any school breaks and annual vacations.

(D) Students with pending employment authorization applications who are admitted based on the designated school official’s recommended employment end date for post-completion OPT or STEM OPT as specified on their Form I-20, with a notice issued by USCIS indicating receipt of the Application for Employment Authorization, Form I-765, or successor form for post-completion OPT or STEM OPT, who cease employment pursuant to an Employment Authorization Document (EAD) that expires before the alien’s fixed date of admission as noted on their Arrival/Departure Record, Form I-94, or successor form, will be considered to be in the United States in a period of authorized stay from the date of the expiration noted on their EAD until the fixed date of admission as noted on their Form I-94

(E) The authorized period of stay for F-2 dependents may not exceed the authorized period of stay of the principal F-1 student.

Paragraphs 8 CFR 214.2(f)(5)(i)(A)-(D) relate to several exceptions to the general rules of admission, including:

  • 8 CFR 214.2(f)(5)(i)(A): Maximum 24 for month admission period for ESL programs: "(A) F-1 students whose course of study is in an English language training program are restricted to a maximum of 24 months admission period, plus an additional 30-day period of stay for the purposes of departure or to otherwise seek to maintain lawful status."
  • 8 CFR 214.2(f)(5)(i)(B): Border commuter students: "(B) Border commuter students under the provisions in paragraph (f)(18) of this section may be admitted for the applicable period described under that paragraph." The border commuter student provision itself is unchanged by the final rule.
  • 8 CFR 214.2(f)(5)(i)(C): Public high school students: "(C) F-1 students attending a public high school, which may also include a charter school or other similar school funded by U.S. taxpayers, are restricted to an aggregate of no more than 12 months to complete their course of study, including any school breaks and annual vacations." This relates to the pre-existing statute INA 214(m) [8 USC 1184(m)] that restricts F-1 study at public K-12 and adult education programs. Under the statute, an individual may be accorded F-1 status in order to pursue a course of study at a public secondary school, but only under the following conditions: the aggregate period of such status the student spends at the public secondary school does not exceed 12 months; and the student has reimbursed the local educational agency that administers the school for the "full, unsubsidized per capita cost of providing education at such school for the period of the alien’s attendance." The final rule does not include any other regulatory provisions regarding public high school study.
  • 8 CFR 214.2(f)(5)(i)(D): This confusing paragraph appears to address the situation where an OPT or STEM OPT applicant travels while their OPT or STEM OPT Form I-765 application is pending. But the language of the provision is so obtuse, more analysis or clarification from DHS is needed. The final provision reads: "(D) Students with pending employment authorization applications who are admitted based on the designated school official's recommended employment end date for post-completion OPT or STEM OPT as specified on their Form I-20, with a notice issued by USCIS indicating receipt of the Application for Employment Authorization, Form I-765, or successor form for post-completion OPT or STEM OPT, who cease employment pursuant to an Employment Authorization Document (EAD) that expires before the alien's fixed date of admission as noted on their Arrival/Departure Record, Form I-94, or successor form, will be considered to be in the United States in a period of authorized stay from the date of the expiration noted on their EAD until the fixed date of admission as noted on their Form I-94."
  • 8 CFR 214.2(f)(5)(i)(E): Admission period for F-2 dependents: "(E) The authorized period of stay for F-2 dependents may not exceed the authorized period of stay of the principal F-1 student."

Revised 8 CFR 214.2(f)(5)(iii) takes the place of, renumbers, and modifies current 8 CFR 214.2(f)(7)(ii) as follows:

(7)(ii) (5)(iii) Report date and program completion date on Form I-20 or successor form. When determining the report date on the Form I-20 or successor form, the DSO designated school official may choose a reasonable date to accommodate a student's need to be in attendance for required activities at the school prior to the actual start of classes. Such required activities may include, but are not limited to, research projects and orientation sessions. However, for purposes of employment, the DSO designated school official  may not indicate a report date more than 30 days prior to the start of classes. When determining the program completion date on Form I-20 or successor form, the DSO should make a reasonable estimate based upon the time an average student would need to complete a similar program in the same discipline.

Note that DHS moved the sum and substance of the report date portion of the current regulation to new paragraph 8 CFR 214.2(f)(5)(iii), but that new provision makes no mention of the program completion date language in the current regulation ("the DSO should make a reasonable estimate based upon the time an average student would need to complete a similar program in the same discipline), which appears to have been deleted and not replaced elsewhere in the revised regulatory text.

J provisions at revised 8 CFR 214.2(j)(i)(ii)(A)-(C) redline

(ii) Admission period and period of stay. An exchange alien, and J-2 spouse and children, may be admitted for a period up to 30 days before the report date or start of the approved program listed on Form DS-2019. The initial admission of an exchange visitor, spouse and children may not exceed the period specified on Form DS-2019, plus a period of 30 days for the purposes of travel or for the period designated by the Commissioner as provided in paragraph (j)(1)(vi) of this section. Regulations of the Department of State published at 22 CFR part 62 give general limitations on the stay of the various classes of exchange visitors. A spouse or child may not be admitted for longer than the principal exchange visitor.

(A) J-1 exchange visitor. A J-1 exchange visitor may be admitted for the duration of the exchange visitor program, as stated by the program end date noted on Form DS-2019 or successor form, not to exceed a period of 4 years.

(B) J-2 accompanying dependents. The authorized period of initial admission for a J-2 spouse and unmarried children under the age of 21 may not exceed the period of authorized admission of the principal J-1 exchange visitor.

(C) Period of stay. A J-1 exchange visitor and J-2 spouse and unmarried children under the age of 21 may be admitted for a period up to 30 days before the report date or start of the approved program listed on Form DS-2019 or successor form. The dependents accompanying a J-1 exchange visitor are eligible for admission in J-2 status if the exchange visitor is admitted in J-1 status. A J-1 exchange visitor and J-2 accompanying dependents may remain in the United States for a period of 30 days from the program end date or the 4-year maximum period of admission, whichever is earlier, for the purposes of departure or to otherwise seek to maintain lawful status. The 30-day period will be reflected on the alien's Arrival/Departure Record, Form I-94 or successor form. If the program end date is shortened, the J-1 exchange visitor and any J-2 accompanying dependents must leave the United States within 30 days from the new program end date or otherwise seek to maintain lawful status in that 30-day period. The 30-day period before the indicated report date or program start date and 30 additional days following the program end date or the 4-year maximum period of admission do not count towards the maximum period of admission.

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Form I-515A admissions

In the preamble to the final rule, DHS states that it does not anticipate a change to the I-515 admission process that allows CBP to admit a student to the United States for a temporary 30-day period if the student has a minor paperwork issue at the port of entry, to give the student time to rectify the deficiency. DHS says, 

"DHS does not anticipate a change in the issuance and processing of the Form I-515A, “Notice to Student or Exchange Visitor”. Currently, CBP has the discretion to issue Form I-515A and temporarily admit a F, M, J nonimmigrant if the nonimmigrant is missing documentation to establish eligibility for admission under section 101(a)(15) of the INA. If a Form I-515A has been issued, SEVP will continue to work with CBP to verify the student or exchange visitor eligibility for full admission, which is the period necessary to complete the course of study indicated on the Form I-20, or successor form, not to exceed a period of 4 years, plus 30 days."

Despite this statement in the preamble, SEVP should be asked to update its Form I-515A guidance to ensure conformity with the new rule.

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Reducing the F-1 "grace period" from 60 days to 30 days

In a nutshell: DHS cuts the F-1 grace period in half, from 60 to 30 days, aligning it with J and M classifications. Students will have less time to prepare for departure, change status, or file extensions after completing their studies or training, increasing pressure on both students and advisers.

Under existing regulations, F-1 students are provided 60 days following the completion of their studies and any practical training to prepare for departure from the United States. See current 8 CFR 214.2(f)(5)(iv). The final rule reduces this F-1 post-completion "grace" period to 30 days, the same post-completion period that J exchange visitors and M-1 students currently have.

Final regulatory wording

F provisions at revised 8 CFR 214.2(f)(5)(i) (redline)

(5) Duration of statusPeriod of Stay --

(i) General. Duration of status is defined as the time during which an F-1 student is pursuing a full course of study at an educational institution certified by SEVP for attendance by foreign students, or engaging in authorized practical training following completion of studies, except that an F-1 student who is admitted to attend a public high school is restricted to an aggregate of 12 months of study at any public high school(s). An F-1 student may be admitted for a period up to 30 days before the indicated report date or program start date listed on the Form I-20 or successor form. The student is considered to be maintaining status if the student is making normal progress toward completing a course of study. An F-1 student is admitted for a fixed period of time, which is the period necessary to complete the course of study indicated on the Form I-20, or successor form, not to exceed a period of 4 years, plus additional times noted in this paragraph (f)(5)(i). A continuing F-1 student may be granted additional time to complete their program of study, as described in paragraphs (f)(7) and (f)(8)(iv) of this section, begin a new program of study, as described in paragraphs (f)(5)(ii)(D) and (f)(7) of this section, or following the completion of studies to engage in post-completion optional practical training (OPT) and the Science, Technology, Engineering and Mathematics (STEM) extension of OPT, as described in paragraph (f)(5)(i)(D) of this section. An F-1 student described in this section may be admitted for a period of up to 30 days before the indicated report date or program start date listed on the Form I-20 or successor form. An alien described in this paragraph (f)(5)(i) may remain in the United States for an additional 30 days as provided in paragraph (f)(5)(v) of this section. The 30 day period before the indicated report date or program start date and 30 additional days following the program end date or the 4-year maximum period of admission do not count toward the maximum length of stay.

Note that under the Transition provisions at new 8 CFR 214.1(m), F-1 students who were admitted for duration of status before September 15, 2026 will continue to have a 60-day grace period until they travel and reenter or they obtain an extension of stay, at which time they will be given a date-specific AUD with a 30-day grace period on the Form I-94 associated with that reentry to the United States or that adjudication by USCIS.

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ESL students limited to 24-month admission period

In a nutshell: The rule caps English language training students at a 24-month aggregate lifetime limit. DHS says this prevents program abuse, but there are concerns for language programs and conditional-admit pipelines.

The final rule limits F-1 students in a language training program to "a maximum of 24 months admission period" plus a post-completion 30-day grace period. The 24 month count would include breaks and vacations, but not the 30-day grace period.

Final regulatory wording

Final 8 CFR 214.2(f)(5)(i)(A):

"(A) F-1 students whose course of study is in an English language training program are restricted to a maximum of  [sic?] admission period of 24 months, plus an additional 30-day period of stay for the purposes of departure or to otherwise seek to maintain lawful status."

NAFSA notes

Considering the DHS responses in the final rule preamble to commenters' concerns about the 24-month ESL limit:

Aggregate includes school breaks. The final rule preamble clarifies that school breaks and delays in progression for academic reasons will not result in more time being granted, saying: "The two years for standalone ELT schools/programs will be calculated as an aggregate of 24 months from the student's program start date (plus a 30-day period for departure). Students who encounter extenuating circumstances such as illness, disability, or other emergencies during their studies, will still be limited to the 24-month admission period. Students may depart and reenter the United States to resume studies (such as for a school break) but will not receive additional admission time to account for the time spent outside of the country."

24 months as an aggregate lifetime limit. DHS also clarifies in the preamble its intention that this is a 24- month aggregate lifetime limit on ESL study, saying: "any programs completed prior to the effective date of the rule will not be counted towards the limits for ELT or other programs. In addition, the lifetime limit of 24 months for ELT will be applied prospectively."

Interface with pathway programs. DHS also responds to questions on how the 24-month limit on ESL study interfaces with "pathway programs and conditional admission models that integrate intensive English language study with academic coursework," stating in the preamble:

"An F-1 student who has been admitted to a degree program that integrates completion of a pathway program at the same institution of higher learning will be granted a period of admission that includes completion of both programs of study, up to a maximum of four years. For example, if a student has been admitted to a bachelor's degree program but needs to first complete a six-month pathway program at the same school, DHS will grant the student a period of admission that includes the time allotted to complete both the pathway and bachelor's programs, up to a maximum of four years. If more time is needed to complete the degree program, then the student will need to apply for an EOS."

This appears to be at odds with longstanding SEVP guidance on pathway programs (see SEVP Policy Guidance S7.2: Pathway Programs for Reasons of English Proficiency (October 28, 2016)), whose Fact Sheet requires the school to "issue the student’s Form I-20 at the 'Other' education level and for the duration the student is in the pathway program. Upon completion of the pathway program and updating all other appropriate items, a DSO must update the student’s information in the following Student and Exchange Visitor Information System fields: Education Level, Primary and Secondary Major Codes, Normal Length of Study, Program Start and End Dates." But at the same time DHS recognizes in the preamble that "Per existing regulations at 8 CFR 214.3(k), DSOs are prohibited from issuing Forms I-20 based on conditional admission and should not be issuing Forms I-20 for students who have not met all admission requirements for the programs they are seeking to attend."

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Limits on F-1 transfers and changes of educational objectives

In a nutshell: DHS introduces a new regulatory concept of “educational objectives," which it generally defines as "majors or educational levels," and locates this new concept in the same paragraph governing school transfers. At any level below the graduate level, the rule prohibits transfers and changes of educational objectives for the first academic year of a program of study unless SEVP approves an exception for "extenuating circumstances. At the graduate level the rule prohibits change of educational objectives "at any point during their program of study," but may allow a school transfer if SEVP authorizes an exception for "extenating circumstances." DHS admits implementation may require delays if implementation "is infeasible for any reason."

The new rule restricts F-1 transfers and changes of educational objectives differently for graduate students and students at any educational level below graduate. Educational levels below graduate would include, for example, undergraduate study, ESL, postsecondary study, etc.

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New concept of "educational objectives"

"Educational objectives" should be understood to mean "majors or educational levels." 8 CFR 214.2(f)(5)(ii)(A) refers to "educational objectives" as:

"i.e., majors or educational levels"

And 8 CFR 214.2(f)(8)(i), within a newly-labeled "School transfer and change of educational objectives" paragraph, defines the term "educational objectives" as:

"'Educational objectives' refers to an F-1 student’s educational level or major."

As background, DHS noted in the final rule preamble that the current F-1 "full course of study" regulations at 8 CFR 214.2(f)(6)(i) require a student's program to “lead to the attainment of a specific educational or professional objective,” and then opines that:

"Repeated changes to a program of study either within the same educational level or to move to a lower level, as well as immediate changes to a program of study upon initial entry into the United States, are not consistent with attainment of such an educational or professional objective."

DHS then set limits to these changes in ways that differ for graduate study and study below the graduate degree level.

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Restrictions for undergraduate study and below

In a nutshell: Students below the graduate level must complete their first academic year of a program of study at the school that initially issued their Form I-20 before changing educational objectives or transferring schools, unless an exception is authorized by SEVP for "extenuating circumstances."

Revised 8 CFR 214.2(f)(5)(ii)(A) says in pertinent part:

"(A) An F-1 student at any level below the graduate degree level may not transfer or change educational objectives, i.e., majors or educational levels, within the first academic year of a program of study, unless an exception is authorized by SEVP for extenuating circumstances that may include, but are not limited to, a school closure or a school's prolonged inability to hold in-person classes due to a natural disaster, a student needing to change schools to complete elementary or secondary education, or other cause..."

And to make sure, revised 8 CFR 214.2(f)(8)(i)(D) requires that as a condition for transfer or a change in educational objectives:

"(D) Unless an exception has been authorized by SEVP, the student has completed his or her academic year of a program of study at the school that initially issued his or her Form I-20 or successor form;"

Note that the rule prohibits transfers and changes of educational objectives (major and level) for undergraduates and below "within the first academic year of a program of study." SEVP's Elimination of Duration of Status FAQ, Once I complete my current program of study, can I enroll in a new program at a different educational level?, states somewhat more narrowly that "F students enrolled in programs below the graduate level cannot change educational levels during their first year of study..." The question here is whether the first-year restriction on transfers and changing educational objectives at lower-than-graduate programs attaches to each program of study pursued at the lower-than-graduate level. For example, consider a student who pursues an associates degree and then moves levels to a bachelors degree... would that student be subject to the first academic year bar for each program of study? The regulation says "within the first academic year of a program of study," which could be read to apply the condition to each successive program of study, but the SEVP FAQ says "during their first year of study," which could be read to apply the condition only to the first year of study in the United States. Hopefully DHS will clarify this.

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Restrictions for graduate study and above

In a nutshell: At the graduate level the rule prohibits change of educational objectives "at any point during their program of study," but may allow a school transfer if SEVP authorizes an exception for "extenuating circumstances" in advance of the transfer.

Revised 8 CFR 214.2(f)(5)(ii)(A) says in pertinent part:

"(A) ... An F-1 student at the graduate degree level or above may not change educational objectives at any point during their program of study. An F-1 student at the graduate degree level or above may not transfer at any point during their program of study, unless an exception is authorized by SEVP for extenuating circumstances that may include, but are not limited to, a school closure or a school's prolonged inability to hold in-person classes due to a natural disaster or other cause."

Revised 8 CFR 214.2(f)(8)(i)(C), in the newly-labeled paragraph "School transfer and change in educational objectives," then places the following related condition on eligibility for transfers by graduate students:

"... An F-1 student changing educational objectives or transferring to an SEVP-certified school also must meet the following requirements: ...

(C) The student is not currently in a graduate level program of study, unless an exception has been authorized by SEVP for extenuating circumstances under paragraph (f)(5)(ii)(A) of this section;"

Although paragraph (i) speaks of eligibility for both transfer and change of educational objectives, the SEVP-authorized exception available to graduate students in paragraph (A) only includes requests for an exception to allow transfers, not changes of educational objectives.

In the preamble regarding these provisions, DHS says that:

"DHS maintains it is appropriate to prohibit an F-1 student at the graduate degree level or above from changing educational objectives at any point during their program of study for the reasons outlined above. However, DHS recognizes that extenuating circumstances, such as a school closure or a school's prolonged inability to hold in-person classes due to a natural disaster, may prevent a graduate student from being able to continue their studies unless the student transfers to another SEVP-certified institution. The NPRM proposed prohibiting an F-1 student at the graduate level from transferring, without exception. DHS agrees with commenters that these situations may be outside the students' control and, taking this into consideration, DHS has amended the regulatory text to allow SEVP to authorize an exception to this transfer prohibition in extenuating circumstances."

Graduate student transfers following the completion of a course of study

Note that the rule prohibits transfers for graduate students "at any point during their program of study." A good reading of this would be that the rule prohibits precompletion transfers without an SEVP "extenuating circumstances" exception, but not transfers by graduate students who finish a degree at one graduate level and then wish to transfer schools to pursue a higher level of graduate study at another school, for example, moving from a master's degree completed at one school to a doctoral program at another school. This is somewhat supported by DHS comments in the preamble stating:

"DHS recognizes that bona fide students, upon or nearing completion of their initial course of study, may reasonably elect to pursue higher levels of education. Conversely, movement within the same education level after completion of a program raises significant concerns over whether an F-1 nonimmigrant intends to simply prolong their stay in the United States. DHS believes that F-1 students with legitimate academic goals will be able to foresee their academic trajectory before or during the school application process, especially on the graduate level where students should already know their goal for attending graduate school. This rule allows a graduate student to apply to a program with two concurrent degrees, such as a J.D./M.B.A, but does not allow a graduate student to change direction mid-stream or to seek a second degree at the same level after entering a program."

Hopefully DHS will clarify this.

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Discussion on the "extenuating circumstances" exceptions

The new rule does not specify the procedure to request an "extenuating circumstances" exception from SEVP, nor does the rule explain what "other causes" might constitute "extenuating circumstances" for this purpose.

Also, the rule's examples of what might constitute "extenuating circumstances" for undergraduate students slightly differ from the examples of what could constitute "extenuating circumstances" for graduate students. Compare:

Undergraduate and below: "may include, but are not limited to, a school closure or a school's prolonged inability to hold in-person classes due to a natural disaster, a student needing to change schools to complete elementary or secondary education, or other cause..." 

v. 

Graduate and above: "may include, but are not limited to, a school closure or a school's prolonged inability to hold in-person classes due to a natural disaster or other cause."

DHS appears to be setting up very high and narrow standards for an "extenuating circumstances" exceptions, stating in the preamble:

"For the purposes of this rule, “extenuating circumstances” for a transfer are rare, exceptional events beyond the control of the school and the affected students that prevent an SEVP-certified school from continuing to provide the student's approved course of study, such as a permanent or extended school closure, a school merger that eliminates the student's program, a loss of necessary authorization for the school to enroll F-1 students, or the school's prolonged inability to deliver required instruction due to a natural disaster or comparable emergency. In such circumstances, SEVP may, in its discretion and in coordination with the impacted SEVP-certified school or schools, permit the transfer of student records to another SEVP-certified school so that the student may continue, to the extent practicable, in the same educational objective. This exception is narrow, is intended only to preserve continuity of study in emergency situations, does not create an entitlement to transfer, and does not otherwise authorize an F-1 student to change educational objectives. Affected students generally will access this exception through their DSOs, as SEVP becomes aware of qualifying extenuating circumstances through notifications from SEVP-certified schools and SEVP's existing outreach to schools during such events."

In the case of graduate students, NAFSA and others had commented on the proposed rule's transfer prohibition, telling DHS that it needed to accommodate the not unusual situation where, for example, a graduate student's thesis or dissertation adviser moves to a new institution and the student wishes to follow that adviser. On that note, DHS's responds in the preamble rather glibly and dismissively that:

"Regarding comments on the relationship between graduate students and their faculty advisors and students choosing institutions based on faculty member's research, such students should consider applying for J-1 visas to better align their goals with the appropriate nonimmigrant status. DHS notes that J-1 categories include research scholars and college and university students, and requirements for transferring programs for J-1 students are governed by DoS regulations."

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Movement between campuses under the same Form I-17

Commenters to the proposed rule rightly pointed out that the proposal was not clear on how transfers between campuses within the same institution would be handled. In the preamble to the final rule, DHS responded that new functionality would be developed to allow "campus reassignments" that would not constitute "transfers" for purposes of the new rule's restrictions on transfers, as long as the campuses were under the same Form I-17. DHS states in the preamble:

"DHS does not consider movements between campuses, that is, between instructional sites listed under a singular Form I-17 petition, to constitute a transfer or change in educational objective for the purposes of this rule. Transfers between campuses on the same Form I-17 will be reclassified as campus reassignments.

Within SEVIS, DHS plans to introduce functionality that will allow students to be reassigned from one campus to another within a certified Form I-17. However, this functionality will not permit reassignments between schools with separate Forms I-17. As these modifications are implemented, SEVIS users will be updated, as needed, via Broadcast Messages and Release Planning Guides once the changes have occurred."

Prohibition on lateral and reverse matriculation by F-1 students

In a nutshell: F-1 students who complete a program after September 15, 2026 are barred from starting another at the same or a lower educational level. DHS frames this as necessary to deter indefinite study, but offers inadequate justification for applying the rule to all F-1 students. It also introduces ambiguity about defining “educational levels.”

The final rule will prohibit an F-1 student who has completed a program at one educational level on and after the final rule effective date of September 15, 2026 from pursuing another program at the same educational level (lateral matriculation) or lower educational level (reverse matriculation).

Revised 8 CFR 214.2(f)(5)(ii)(C), in the new "change of educational objectives" paragraph, provides:

(C) An alien who has completed a program after September 15, 2026, in the United States as an F-1 student at one educational level may not maintain, be admitted, or otherwise be provided F-1 status through a program at the same educational level or a lower educational level.

This language will likely be read as imposing a lifetime limit. Although DHS acknowledges in the preamble to the final rule that commenters "remarked that a lifetime limit is unjustified," DHS did not say otherwise.

Under the rule, a change of educational level can only be approved only for students moving to a higher educational level. Revised 8 CFR 214.2(f)(5)(ii)(B) says:

(B) An F-1 student who has completed a program in the United States at one educational level and begins a new program at a higher educational level is considered to be maintaining F-1 status if otherwise complying with requirements under this paragraph (f).

It is important to note that the prohibition on lateral and reverse matriculation is triggered by completing a program of study on or after September 15, 2026. This has practical implications:

  • First, programs of study completed before September 15, 2026 do not trigger the prohibition. This is a prospective rule, and is not triggered by programs completed before September 15, 2026.
  • Second, students below the graduate level who have not yet completed that program can change to another program at the same educational level or transfer to another school after completion of one academic year. DHS provides the following example in the preamble to the final rule: "Under the new requirements, any undergraduate student who has enrolled in a program at one educational level, but who has not completed that program, is authorized to change to another program at the same educational level or transfer to another school after completion of one academic year."

Issues with the term "educational level"

The use of the term "educational level" is as vague and problematic for this purpose as it is for the optional training regulations at 8 CFR 214.2(f)(10) which provide that a student "becomes eligible for another 12 months of practical training when they change to a higher educational level."

For example:

  • Is a Juris Doctor (J.D.) degree at an educational level equivalent to, higher than, or lower than a Master's degree?
  • Is a post-Master's certificate at an educational level equivalent to, higher than, or lower than a Master's degree?
  • Is an M.D. degree at an educational level equivalent to, higher than, or lower than a Ph.D degree?
  • Etc.

DHS acknowledges in the preamble to the final rule that many commenters expressed concern that the term "educational level" was not sufficiently defined. In response to those comments DHS simply states that it "anticipates providing guidance on educational levels to clarify how it utilizes the NCES definitions of education levels to ensure consistency across components," and that they recommend "that for specific student circumstances, the aliens contact their DSO for more information about particular programs including medical education." NCES refers to the National Center for Education Statistics.

"DHS generally relies on NCES' definition of educational levels, which provides a structure for determining whether a nonimmigrant student's program of study reflects upward academic progression. The list of educational levels that schools use to update their Form I-17, “Petition for Approval of School for Attendance by Nonimmigrant student,” is available to the public. This list contains the following educational levels: 1. Primary and Secondary Education; 2. ELT; 3. Post-secondary Certificates/Non-Degree; 4. Associate; 5. Bachelor; 6. Master; 7. Doctorate. DHS anticipates providing guidance on educational levels to clarify how it utilizes the NCES definitions of education levels to ensure consistency across components, with ED, and by DSOs. DHS recommends that for specific student circumstances, the aliens contact their DSO for more information about particular programs including medical education."

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DHS option to delay implementation of the academic mobility restrictions if found to be infeasible

DHS admits that implementation of the academic mobility restrictions may require delays if implementation "is infeasible for any reason." And so DHS includes this 2-year "escape clause" at 8 CFR 214.2(f)(5)(ii)(E):

(E) Until September 14, 2028, DHS may delay or suspend the implementation of paragraphs (f)(5)(ii)(A) through (C) of this section, in its discretion, if it determines that implementation is infeasible for any reason. If DHS delays or suspends any provisions in paragraphs (f)(5)(ii)(A) through (C) governing the change in educational objectives, DHS will make an announcement of the delay or suspension on SEVP's website at https://www.studyinthestates.dhs.gov (or successor uniform resource locator). DHS thereafter will announce the implementation dates of a delayed or suspended educational objective provision on the SEVP website at https://www.studyinthestates.dhs.gov (or successor uniform resource locator), at least 30 calendar days in advance.

Paragraphs "(A) through (C)" referenced in the "escape clause" provision refer to the following:

  1. Restrictions on transfer and change of educational objectives (major and level)
  2. Maintenance of F-1 status during period between moving from one educational level to a higher educational level
  3. Prohibition on lateral or reverse matriculation (i.e., after completing a program at one level, cannot move to a new program at the same or lower level)

In the preamble DHS addresses the challenges that implementing this part of the rule in the SEVIS environment, saying:

"DHS recognized that these changes might require updates to SEVIS and other systems. Because the timeframe for those updates is not fixed and there could be technical issues regarding implementation, DHS is including a provision whereby DHS may delay or suspend implementation, in its discretion, if it determines that the change in educational level limitation is inoperable for any reason. The need for this provision is not indefinite and therefore DHS has added language in the regulatory text to clarify that this provision can be used for up to two years from the effective date of the rule (i.e., September 14, 2028). See new 8 CFR 214.2(f)(5)(ii)(E). If DHS delays or suspends the provisions in this section governing the change in educational objectives, DHS will make an announcement of the delay or suspension by notice in the Federal Register and to the academic community through SEVP's various communication channels, including ICE.gov/sevis, Study in the States (https://studyinthestates.dhs.gov), and SEVIS Broadcast Message. DHS will also announce the implementation dates of the change in degree level provision through SEVP's communication channels (ICE.gov/sevis, Study in the States, and SEVIS Broadcast Message) at least 30 calendar days in advance."

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F-1 change of education level procedures

In a nutshell: Gaps remain between SEVIS functionality and regulatory requirements, leaving institutions and students exposed to confusion and filing risks.

As complicated as the change of level substantive rules are, revised 8 CFR 214.2(f)(8)(iii) perpetuates a disconnect between SEVIS functionality and the change in level regulations by simply stating:

(iii) Change of education level procedures. A change of education level can be accomplished according to the transfer procedures outlined in paragraph (f)(8)(ii) of this section.

This mirrors some of the language of the current regulation at 8 CFR 214.2(f)(5)(ii), which also refers to the "transfer procedures."

Both the current and the final revised provision for change of educational level are inadequate, because the cross-referenced transfer procedure paragraphs reference SEVIS functionality that exists for SEVIS transfers, but not for change of level. For example, the transfer regulation and SEVIS functionality have a "release date" that the SEVIS change of level functionality does not (see the SEVIS Help Hub Change Education Level page for background on COL SEVIS functionality).

In addition to the above, students who change education levels would almost always have to file a complete Form I-539 extension of stay application with USCIS. Revised 8 CFR 214.2(f)(5)(ii)(D) provides:

(D) When seeking a change in educational objectives, F-1 students referenced in paragraphs (f)(5)(ii)(A) through (C) of this section must, if seeking an extension of stay, apply for an extension of stay on the form designated by USCIS, with the required fee and in accordance with the form instructions, including any biometrics required by 8 CFR 103.16.

The Form I-539 must be timely filed:

  • If they are D/S students covered by the transition rules, they must file the I-539 EOS before the end of their current program end date and their transitional 60-day grace period (note that if filed during the grace period, continuity of employment authorization provisions will not be available);
  • Post transition or for entries and reentries on or after September 15, 2026, if their current Form I-94 end date is insufficient to cover the change of level program, they must file before their current Form I-94 AUD (likewise, if filed during the 30-day grace period, continuity of employment authorization provisions will not be available)

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Scope of Information on this Page

Remember, this NAFSA page is for information purposes only. It does not constitute and should not be construed as legal advice. Individuals with questions about how laws, regulations, and policies apply to specific situations, including this proposed rule comment opportunity, should contact an experienced immigration lawyer.

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