The calculation differs for people already in the U.S. and new arrivals — the date not to miss is March 18, 2027

F (student) and J (exchange visitor) visas have long operated under Duration of Status (D/S), which keeps a person's status valid — with no separate expiration date — for as long as they remain enrolled. A final rule that eliminates D/S and assigns a fixed expiration date takes effect on September 15, 2026, which is 39 days from today. The scope is broad, affecting incoming new students as well as students already on campus. Last month's column introduced the substance of the rule; this time, we lay out what to prepare depending on whether you are already in the United States or arriving newly, and which application process lies ahead of you.

Whether You're Already in the U.S. or Newly Arriving Is the First Fork

"The transitional provision authorizes a person who was in valid F or J status on the effective date to remain until whichever is later of the Employment Authorization Document (EAD, Form I-766) expiration date or the program end date listed on Form I-20 or DS-2019 — but in no case beyond four years from September 15, 2026 plus the departure preparation period, meaning no later than November 14, 2030 for F status and October 15, 2030 for J status."

People who have been in the United States in F or J status since before September 15 and who are maintaining status properly are covered by the transitional provision above. The controlling date is whichever is later of the EAD expiration date or the program end date listed on Form I-20 or DS-2019. In no case, however, can this exceed four years from September 15, 2026. Adding the departure preparation period on top of that, the rule sets the outermost end date at November 14, 2030 for F status and October 15, 2030 for J status. An F-1 student who timely files an Extension of Stay (EOS) application may continue full-time study even after the authorized period ends, until USCIS completes its review. Because the rule applies only prospectively, however, it is not calculated retroactively for anyone who already completed their program before the effective date.

For people arriving newly after September 15, the calculation works differently. Based on the I-20 dates registered in SEVIS (Student and Exchange Visitor Information System), a fixed expiration date is stamped on the I-94 (arrival/departure record); this period is whichever is shorter of the program length listed on the I-20 or four years. For a student in a two-year program, it is two years, not four. A 30-day arrival buffer and a 30-day departure buffer are each added on top of that. In effect, the 60-day post-graduation grace period previously given to F-1 students is reduced to 30 days. For J status, it remains 30 days as before. For students in an English language training program, the total period of stay, including vacations and annual breaks, may not exceed 24 months. Because the date stamped this way becomes each individual's new expiration of stay, you should check your I-94 record on the spot right after it is issued at admission.

For a new arrival who is re-entering while an Extension of Stay application is either still pending or already approved, the calculation splits once more. If the application is pending, stay is authorized until the remaining period plus 30 days; if it has already been approved, until the approved extension expiration date plus 30 days.

Another difference from the previous system is that, once a fixed expiration date is stamped, unlawful presence begins accruing the moment that date is passed. Unlawful presence accrued this way can later become a ground barring re-entry when you depart.

The Last Deadline You Can Handle With a Single Set of Documents: March 18, 2027

"The rule provides that if a transition-covered F-1 student files an employment authorization application (Form I-765) before the authorized period ends and by March 18, 2027, they do not need to separately file an extension of stay application (Form I-539)."

For a transition-covered F-1 student applying for post-graduation Optional Practical Training (OPT) or the STEM OPT extension available to STEM majors, this date is the most practically important. The "authorized period" here refers to each person's individual stay authorization expiration date, determined earlier by status and time of entry. If you file only the employment authorization application (Form I-765) within the deadline as required above, then upon approval you may remain in F status until the EAD expiration date plus 60 days. Even if denied, you remain authorized to stay — as long as you maintain full-time study — until the program end date on the I-20 that was valid as of September 15 plus 60 days, or until the end date of the post-graduation OPT employment authorization card plus 60 days.

This accommodation applies only to these two applications: post-graduation OPT and the STEM OPT extension. You do not file a separate accommodation application — you only need to file the relevant application itself within the deadline — and if you miss the deadline, you revert to the original approach of filing both the employment authorization application and the extension of stay application. By contrast, if you are applying for academic training under an exchange visitor program, starting a new degree program, or seeking to extend your stay for reasons unrelated to practical training, you cannot use this accommodation and must formally file an extension of stay application (Form I-539) as before.

The Department of Homeland Security (DHS) has discretion to extend this March 18, 2027 deadline in six-month increments, and any extension would be announced in the Federal Register.

Two Pitfalls That Depend on Timing of Departure and the Documents in Hand

"The rule provides that if you depart while an extension of stay application is pending and then re-enter with a document showing a program end date beyond your previous authorized period, that application may be deemed abandoned."

The first pitfall is departing before filing a post-graduation OPT or STEM OPT application. If a transition-covered F-1 student departs before filing and then re-enters under a fixed period, they cannot use the March 18, 2027 accommodation described above. In that case, both the employment authorization application (Form I-765) and the extension of stay application (Form I-539) must be filed, which can lengthen the processing time accordingly. If you have travel plans, it is safer to file the application first and then depart.

The second pitfall is departing while an extension of stay application is under review. Even if you filed on time and then departed while the case was pending, the application is not deemed abandoned if, on re-entry, your previously authorized period still has time remaining and you are admitted for that remaining period. However, if you are admitted holding an I-20 or DS-2019 showing a program end date beyond your previous authorized period, the extension of stay application itself may be deemed abandoned. Even in this situation, though, an employment authorization application filed together with it is not treated as abandoned. When traveling, you should carry a copy of the receipt notice (Form I-797C) together with the I-20 or DS-2019 supporting your intended period of stay. In both scenarios, the outcome turns not on departure itself but on which documents you are carrying at the moment of departure and re-entry.

The Effective-Date Variable and Effects on Statuses Beyond F and J

"This rule has been classified as a major rule subject to congressional review. The effective date is September 15, 2026. However, if the effective date changes after congressional review concludes, DHS will publish a document in the Federal Register again to set the actual effective date or to terminate the rule."

Because congressional review has not yet concluded, the possibility that the effective date will change from what it is now is not entirely closed off. As of August 7, 2026, no lawsuit against this final rule has been identified.

It bears repeating that the departure preparation period differs by status and timing. For F status holders already in the country before September 15, it is 60 days; for F status holders newly arriving after September 15, it shrinks to 30 days. For J status, it is the same 30 days whether you are an existing resident or a new arrival. This is precisely the distinction most often confused in practice.

It is also worth noting the situation of those accompanied by a spouse or minor children. The authorized period of stay for a dependent (F-2 or J-2) cannot exceed the principal's authorized period. When the principal files for an extension of stay, the dependent must file together, and if the principal's period is shortened, the dependent's period shortens accordingly. If the extension is denied, the dependent must also depart. A dependent's extension application may be filed together with the principal's application or filed separately.

This rule applies not only to F and J status but also to I (foreign media) status. A person who was in valid I status on the effective date is authorized to stay for the period needed to complete their reporting activities, but not beyond 90 or 240 days. For holders of Chinese passports — excluding the Special Administrative Region passports of Hong Kong and Macau — the ceiling is 90 days.

Students expecting to transition to an H-1B work visa should also confirm that this rule does not itself change the H-1B cap-gap provision (which keeps F-1 status and employment authorization in place while an H-1B petition is pending after filing). DHS stated that it built in 60 days before the effective date because school officials need time for training and guidance, and because the adjustment needed for existing D/S holders essentially amounts to newly recording a fixed date. DHS also explained that, in view of the fact that students, families, and schools have long planned around D/S practice, it sought to minimize disruption through the transitional period, the extension of stay mechanism, and guidance.

Closing

There is no need to rush simply because the effective date is approaching, but calculating in advance which dates apply to you can prevent you from missing something. If you are currently in the United States in F or J status, the first step is to check which is later — the EAD expiration date or the I-20/DS-2019 program end date — and calculate your own longest authorized stay date. Anyone planning to apply for post-graduation OPT or the STEM OPT extension should safely schedule filing the employment authorization application before March 18, 2027. If an extension of stay application is under review and you are planning to travel abroad, you should consult your Designated School Official (DSO) or an immigration attorney before departing. If you are newly arriving after September 15, it is advisable to confirm with your school in advance that the program period listed on your I-20 matches your actual purpose of stay. With 39 days left until the effective date, now is the time to check your own documents.

Disclaimer: This column is provided for general informational purposes only and does not constitute legal advice for any specific case. For matters concerning your individual immigration situation, please consult an immigration attorney.

Law Office of Attorney Jin D. Cho

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