DHS Final Rule Ending Duration of Status and Establishing a Fixed Period of Admission
On September 15, 2026, a Department of Homeland Security (DHS) regulation will go into effect that will significantly change how F-1/J-1 students, alumni, and J-1 scholars are authorized to be in the United States. This page explains what is changing, who is affected, and what steps may be necessary to take.
These FAQs will be updated as additional information becomes available. Check this page periodically for the latest guidance and updates.
Overview of the Rule
Previously, F-1/J-1 students, alumni, and J-1 scholars, and their F-2/J-2 dependent family members, were admitted to the U.S. for Duration of Status (D/S), meaning they could remain in the U.S. through the end date on their I-20/DS-2019 (and the end date of any post-completion OPT EAD), plus any applicable grace period, as long as they maintained status.
Effective September 15, 2026, the Department of Homeland Security (DHS) has finalized a rule eliminating the D/S notation and replacing it with a fixed period of admission. Instead of “D/S,” your Form I-94 will show a specific calendar date; an “Admit Until Date” (AUD). Your authorized length of stay will be limited to the length of your program as defined on your I-20/DS-2019, up to a maximum of four years, plus the applicable grace period.
If you need more time to complete your program or academic objectives, apply for employment authorization, or begin a new program, you will generally need to file an Extension of Stay (EOS) application (Form I-539) with U.S. Citizenship and Immigration Services (USCIS).
Important: if you remain in the U.S. beyond your AUD without taking timely action to file an Extension of Stay (I-539) with USCIS, you will begin accruing unlawful presence.
The new regulation also introduces new requirements and restrictions related to changes of education level, changes of program of study, transfers to a new institution, and the F-1 grace period following completion of a program.
Additionally, the regulation reduces the F-1 grace period from 60-days to 30-days.
The formal title of the final rule is: “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.”
Frequently Asked Questions
last updated August 6, 2026
Most students, alumni, and scholars do not need to take immediate action. Your next steps depend on whether you’re inside the U.S. by September 14, 2026 and what your most recent I-94 shows.
If you are graduating in Summer 2026, please review the section “Currently Enrolled F-1/J-1 Students” and the question, ‘I am graduating in Summer 2026. How will this new rule impact me?’
Last updated 08/06/2026
No. The regulation changes your authorized period of stay in the U.S., not the validity of your visa stamp. A visa lets you request entry to the U.S.; it does not govern how long you can remain once admitted.
Last updated 7/20/2026
The regulation applies to all F-1/J-1 students and alumni and scholars, but there are transition provisions for certain groups.
Generally:
- F-1/J-1 students and alumni & J-1 scholars who are physically present in the U.S. on September 14, 2026, and whose most recent I-94 shows D/S may qualify for transition provisions.
- International travel: If you travel outside of the U.S. at any point on or after September 15, 2026, you will forfeit these transition benefits. Upon re-entry, you will be subject to the new rule and given a date-specific Admit Until Date (AUD) on your I-94.
- F-1/J-1 students and alumni & J-1 scholars who enter the U.S. on or after September 15, 2026 will be admitted for a fixed period and receive a specific Admit Until Date (AUD) on their I-94.
Please review “Transition Provisions” below to learn more.
Last updated 7/23/2026
The U.S. immigration system uses many forms with letter-and-number names. The table below explains the most common documents and forms used by international students and scholars, who use them, and why they are important.
| Document | What It Is | Purpose |
| Visa
(F-1, J-1) |
Placed in your passport by a U.S. consulate | Allows you to seek admission to the U.S. (not required for citizens of Canada and Bermuda).
A visa can expire while you remain legally in the U.S. |
| DS-160 | Online Nonimmigrant Visa Application | Completed before a visa interview at a U.S. embassy or consulate. |
| I-901 | SEVIS Fee Payment Record | Confirms payment of the mandatory SEVIS fee before visa issuance and initial entry. |
| I-94 | Arrival/Departure record created by Customs and Border Protection (CBP) when you enter the U.S. | Shows your immigration status and entry information. It is considered your official record of admission into the U.S. It lists the “Admit Until Date” (AUD) that you are permitted to remain in the U.S. |
| I-20 | Certificate of Eligibility for Nonimmigrant Student Status | Issued by Northeastern University. Used to obtain an F-1 visa, enter the U.S., authorize CPT, and maintain F-1 status. You must keep this document accurate at all times. Review this document every academic term to make sure there are no changes you need to request from OGS. |
| DS-2019 | Certificate of Eligibility for Exchange Visitor Status | Issued by a program sponsor. Used to obtain a J-1 visa and maintain J-1 status. You must keep this document accurate at all times. Review this document every academic term to make sure there are no changes you need to request from OGS. |
| I-539 | Application to Extend/Change Nonimmigrant Status (Extension of Stay or EOS) | Used to request an extension of stay or change from one nonimmigrant status to another. Also used for reinstatement applications. |
| I-765 | Application for Employment Authorization | Used to request work authorization, including OPT for many F-1 students. |
| I-766 (EAD) | Employment Authorization Document (work card) | Physical card proving employment authorization in the United States. |
Last updated 7/23/2026
For entries to the U.S. on or after September 15, 2026, the Admit Until Date (AUD) is the specific date through which an individual in F or J status is authorized to remain in the U.S., based on their current I-94. This date is generally set as the Form I-20/DS-2019 end date (or OPT EAD end date), up to a maximum of 4 years (whichever is shorter), plus any applicable grace period.
Once the AUD passes, F/J individuals are no longer considered lawfully present in the U.S. To avoid unlawful presence, you must either depart the country or take the necessary steps to extend or maintain your status before the AUD arrives.
Last updated 7/23/2026
The I-94, issued by Customs and Border Protection (CBP) is your official record of entry that documents your authorized period of stay. You can access and print your most recent I-94 record at i94.cbp.dhs.gov. Under the “Admit Until Date” (AUD) you will see either:
- D/S (Duration of Status), for entries before September 15, 2026, or
- A specific date through which you are authorized to remain in the U.S., known as your Admit Until Date (AUD), for entries on or after September 15, 2026
- The AUD will be your Form I-20/DS-2019 end date (or OPT EAD end date), up to a maximum of 4 years (whichever is shorter), plus the applicable grace period
Last updated 7/23/2026
An incorrect I-94 record can affect your immigration status and future immigration benefits, so it is important to address any issues promptly.
Review OGS’ website on “How Can I Correct my I-94 Record?” for instructions. You may contact OGS if you have any trouble with this process.
Tip: Save a copy of your I-94 each time you enter the United States. Reviewing it after every entry allows you to identify and address any errors early.
Last updated 7/20/2026
An Extension of Stay (EOS) is an application (Form I-539) submitted to U.S. Citizenship and Immigration Services (USCIS) to request additional time in the United States beyond the Admit Until Date (AUD) listed on your I-94.
More detailed information about applying for an EOS is published below.
Last updated 7/20/2026
If you remain in the U.S. beyond your date-specific AUD and you haven’t timely submitted your application to USCIS for an Extension of Stay (EOS), you will begin to accrue unlawful presence.
Accruing unlawful presence has serious immigration consequences, and immediate consultation with an immigration attorney is advised.
More than 180 days of unlawful presence can trigger a 3-year bar on re-entry to the U.S., and more than one year of unlawful presence can trigger a 10-year bar.
It is very important that students and scholars carefully monitor their AUD and take timely action BEFORE their AUD expires.
OGS will provide more guidance as implementation details become available.
Last updated August 6, 2026
Transition Provisions
last updated August 3, 2026
The transition provisions apply to current F-1/J-1 students, alumni, and J-1 scholars, who are inside the U.S. with a Duration of Status (D/S) notation on their I-94 on or before September 14, 2026.
Please note that F-2/J-2 dependents qualify for these transition provisions only if their associated F-1/J-1 principal also qualifies.
Important: If you travel outside of the U.S. at any point on or after September 15, 2026, you will forfeit these transition benefits. Upon re-entry, you will be subject to the new rule and given a date-specific Admit Until Date (AUD) on your I-94.
Last updated July 23, 2026
You will be eligible for the transition provisions if you are inside the U.S. on or before September 14, 2026 and the Admit Until Date (AUD) on your most recent Form I-94 is “D/S” (Duration of Status) rather than a specific date (e.g. Sept 15, 2026).
- Your Form I-94 will reflect “D/S” (Duration of Status) rather than a fixed Admit Until Date (AUD).
- F-1 students will retain the 60-day grace period. The 30-day J-1 grace period remains unchanged.
- You may continue in your current academic program/academic activities in the U.S. until:
- Your current I-20/DS-2019 end date (up to a maximum of 4 years) plus the applicable grace period or
- Your current OPT/STEM OPT EAD expiration date plus the applicable grace period
- F-1 Students/Alumni who are eligible and submit their application to USCIS for Post-Completion OPT/STEM OPT on or before March 18, 2027, will be exempt from the requirement to submit a simultaneous Extension of Stay (EOS) application to USCIS.
- International travel: If you travel outside of the U.S. at any point on or after September 15, 2026, you will forfeit these transition benefits. Upon re-entry, you will be subject to the new rule and given a date-specific Admit Until Date (AUD) on your I-94.
Last updated July 31, 2026
No, there are no transition provisions for these types of academic changes. Any changes that are requested or occur on or after September 15, 2026 will be subject to the terms of the new rule. You can learn more about the specifics of this part of the rule in the section below for “Currently Enrolled F-1/J-1 Students and Alumni”.
Last updated August 3, 2026
No, you are not eligible for the transition provisions if you enter or re-enter the U.S. on or after September 15, 2026. You will be subject to the new fixed period of admission rules.
Last updated July 23, 2026
Currently Enrolled F-1/J-1 Students
last updated August 6, 2026
If your I-94 has a date-specific Admit Until Date (AUD), it is important to pay close attention to that date and to the end date on your I-20/DS-2019. These two dates are important and may not be the same. If you need more time to complete program requirements beyond your AUD, you should consult with OGS prior to your program end date on your I-20/DS-2019 or the AUD end date, whichever comes first, to review available options.
Last updated August 6, 2026
Review the Transition Provisions section above if you will be in the U.S. with F-1/J-1 status on or before September 14, 2026. If you enter or re-enter the U.S. any time on or after September 15, 2026, please read the information below.
If you enter or re-enter the U.S. on or after September 15, 2026, you will be admitted to the U.S. with a date-specific Admit Until Date (AUD) on your I-94. This AUD is the specific date through which you are authorized to remain in the U.S. in F/J status, based on your current I-94. This period of time will generally be equal to the end date on your I-20/DS-2019, plus a 30-day grace period.
There is a maximum duration of 4 years, so if your I-20/DS-2019 end date is more than 4 years into the future, you may need to extend your AUD to continue in your academic program.
OGS will provide more guidance as implementation details become available.
Last updated July 23, 2026
Review the Transition Provisions section above if you will be in the U.S. with F-1/J-1 status on or before September 14, 2026. If you re-enter the U.S. any time on or after September 15, 2026, please read the information below.
If you travel and re-enter the U.S. on or after September 15, 2026 (even if you were inside the U.S. on September 14, 2026), you will be re-admitted to the U.S. with a date-specific Admit Until Date (AUD) on your I-94. Your AUD will generally be your I-20/DS-2019 end date plus a 30-day grace period. If your I-20/DS-2019 is longer than 4 years, you will be re-admitted for a maximum of 4 years plus a 30-day grace period.
After each re-entry to the U.S., you should review your I-94 record to confirm that your entry information and Admit Until Date (AUD) are correct.
You must also continue to follow all other travel guidelines that we provide on the international travel page of our website.
Last updated July 23, 2026
If you do not travel outside of the U.S. and your I-94 retains the D/S notation, you must complete your program by your I-20/DS-2019 end date*. If you need more time to complete program requirements beyond your I-20/DS-2019 end date, you must file an Extension of Stay (EOS) application with USCIS, or depart the U.S. and re-enter to receive a new Admit Until Date (AUD).
*If your I-20/DS-2019 end date is later than September 15, 2030 (4 years after the rule’s effective date) and you have remaining academic requirements, you will be required to file an EOS with USCIS or depart the U.S. and re-enter to receive a new AUD.
OGS will provide more guidance as implementation details become available.
Last updated August 3, 2026
If you require additional time to complete your program you will generally need to request an updated I-20/DS-2019 that reflects your actual program end date and either:
- file an Extension of Stay (EOS) application with USCIS, or
- depart the U.S. and re-enter to receive a new AUD.
OGS will provide more guidance as implementation details become available.
Last updated July 23, 2026
F-1 Undergraduate Students can only change their major after completing their first year of study.
F-1 Graduate Students may not change majors/academic programs at any point during their degree.
The final rule does not reference any changes to existing regulations for J-1 students regarding change of majors or academic programs.
Last updated July 23, 2026
Yes, F-1 students may still matriculate to a higher degree level after first completing their current degree.
However, lateral progression and downward progression will not be permitted for programs completed on or after September 15, 2026.
- e.g. completing a second Master’s after the completion of a first Master’s will not be permitted
- e.g. completing a Bachelor’s after the completion of a Master’s degree will not be permitted
There are no changes to existing rules for J-1 students regarding matriculating to a higher degree level.
OGS will provide more guidance as implementation details become available.
Last updated July 23, 2026
F-1 Undergraduate Students can only request a SEVIS transfer to another academic institution after completing their first year of study.
F-1 Graduate Students may request a SEVIS transfer to a higher educational level after completing their current program of study.
There are no changes to existing rules for J-1 students regarding SEVIS transfers.
OGS will provide more guidance as implementation details become available.
Last updated July 23, 2026
After completing a program of study (including any authorized practical training), you are granted a grace period. During this time, you prepare to leave the U.S., transfer to another school, continue your studies at a higher education level, or apply for a change of status.
- J-1 students retain the existing 30-day grace period
- F-1 students/alumni will be granted a 30-day grace period (previously 60-days)
- Exception for F-1 students/alumni: If you qualify for the transition provisions outlined above, you will retain your original 60-day grace period.
Last updated July 23, 2026
Reminder: If your I-20/DS-2019 end date is in the future, it will be shortened to match your final term of enrollment. OGS requires up to 15 business days for e-form processing.
F-1 students completing their program in Summer 2026 will retain their original 60-day grace period (as long as they do not depart the U.S.). Students need to depart the U.S. before the end of their grace period or take one of the following actions to maintain status:
- Apply for Post-Completion OPT
- If you are applying for Post-Completion OPT, we recommend requesting your OPT Recommendation from OGS and submitting your application to USCIS as soon as possible, but no later than the end of your 60-day grace period.
- As a reminder, OGS advises that students/alumni should not travel outside of the U.S. while their OPT is pending.
- Request a Change of Degree Level (CDL) I-20
- If you plan to continue at Northeastern in a new degree program, OGS must process your CDL I-20 on or before September 14, 2026.
- If OGS receives your CDL request on or after September 15, 2026, you may need to apply for an Extension of Stay or travel and re-enter to receive a new AUD
- If you plan to continue at Northeastern in a new degree program, OGS must process your CDL I-20 on or before September 14, 2026.
- Request a SEVIS Transfer
- If you are requesting a SEVIS transfer to another SEVP-certified institution, your SEVIS Transfer release date must be scheduled to occur on or before September 14, 2026.
- If you are requesting a SEVIS transfer release date on or after September 15, 2026, you may need to apply for an Extension of Stay or travel and re-enter to receive a new AUD
J-1 students completing their program in Summer 2026 will retain their standard 30-day grace period.
- Apply for Academic Training
- If you are applying for Academic Training (AT), please follow all AT application guidelines. If you are approved for AT, you may continue your authorized AT period according to your DS-2019.
OGS will provide more guidance as implementation details become available.
Last updated August 3, 2026
F-1 OPT/STEM OPT and J-1 Academic Training
last updated August 3, 2026
The new regulation does not directly affect eligibility for Optional Practical Training (OPT), STEM OPT, or Academic Training (AT). F-1 students may still apply for OPT and, if eligible, the STEM OPT extension; J-1 students may still apply for AT.
J-1 Students/Alumni Applying for Post-Completion AT
- You may need to file an I-539 Extension of Stay (EOS) application with USCIS concurrently with your AT request to OGS
F-1 Students Applying for Post-OPT
- You may need to file an I-539 Extension of Stay (EOS) application with USCIS concurrently with your OPT application
F-1 Alumni Applying for STEM OPT
- You may need to file an I-539 Extension of Stay (EOS) application with USCIS concurrently with your STEM OPT application
Exceptions for those who qualify for transition provisions:
- F-1 students/alumni who qualify for the transition provisions as outlined above and apply for OPT/STEM OPT on or before March 18, 2027 will not be required to submit an EOS application to USCIS. They will also retain their original 60-day grace period.
OGS will provide more guidance as implementation details become available.
Last updated July 23, 2026
If you qualify for the transition provisions and your most recent I-94 retains the “D/S” notation, your OPT/STEM OPT and Extension of Stay (EOS) application requirements are as follows:
Students Graduating in December 2026 Whose Most Recent I-94 says D/S
- Follow standard OPT/STEM OPT application requirements and timelines
- Request OPT/STEM OPT Recommended I-20 from OGS
- File only Form I-765 (OPT/STEM OPT Application) with UCSIS
- No I-539 (Extension of Stay Application) is required
Students Graduating in May 2027 Whose Most Recent I-94 says D/S
- If you are eligible and USCIS receives your application on or before March 18, 2027
- Follow standard OPT/STEM OPT application requirements and timelines
- Request OPT/STEM OPT Recommended I-20 from OGS
- File only Form I-765 (OPT/STEM OPT Application) with UCSIS
- No I-539 (Extension of Stay Application) is required
- If USCIS receives your application after March 18, 2027
- Follow standard OPT/STEM OPT application requirements/timelines and Extension of Stay application requirements/timelines
- Request OPT/STEM OPT Recommended I-20 from OGS
- File Form I-765 (OPT/STEM OPT Application) and Form I-539 (Extension of Stay Application) with USCIS
OGS will provide more guidance as implementation details become available.
Last updated August 3, 2026
Review the Transition Provisions section above if you will be in the U.S. with F-1/J-1 status on or before September 14, 2026. If you travel and re-enter the U.S. any time on or after September 15, 2026, please read the information below.
As a reminder, OGS advises that students/alumni should not travel outside of the U.S. while their OPT/STEM OPT is pending.
If you re-enter the U.S. on or after September 15, 2026 (even if you were inside the U.S. on September 14, 2026), you will be re-admitted to the U.S. with a date-specific Admit Until Date (AUD) on your I-94. Your AUD will generally be your OPT/STEM OPT EAD expiration date plus the 30-day grace period.
After each entry to the United States, you should review your I-94 record to confirm that your entry information and Admit Until Date (AUD) are correct.
You must also continue to follow all other travel guidelines that we provide on the international travel page of our website.
OGS will provide more guidance, including for individuals with pending H-1B applications with Cap-Gap Extension eligibility, as implementation details become available.
Last updated July 23, 2026
J-1 Scholars
last updated July 23, 2026
Review the Transition Provisions section above if you will be in the U.S. with J-1 status on or before September 14, 2026. If you enter or re-enter the U.S. any time after September 15, 2026, please read the information below.
If you enter or re-enter the U.S. on or after September 15, 2026, you will be admitted to the U.S. with a date-specific Admit Until Date (AUD) on your I-94. This AUD is the specific date through which you are authorized to remain in the U.S. in J-1 status, based on your current I-94. This period of time will generally be equal to the end date on your DS-2019, plus a 30-day grace period, up to a maximum of 4 years.
Please note that the maximum J-1 program durations for each J-1 category remain unchanged.
Last updated July 23, 2026
If your host department will be extending your NU appointment/position, your host department’s HR contact will first initiate a DS-2019 program extension recommendation request with OGS.
Receiving a DS-2019 with an extension recommendation does not extend your AUD. After receiving your updated DS-2019 from OGS, you will generally need to either:
- file an Extension of Stay (EOS) application with USCIS, or
- depart the U.S. and re-enter to receive a new AUD.
OGS will provide more guidance as implementation details become available.
Last updated July 23, 2026
You may be eligible to request a SEVIS transfer to another academic institution.
J-1 scholars should continue to follow the existing transfer procedures and contact OGS before making any transfer plans.
Last updated July 23, 2026
Review the Transition Provisions section above if you will be in the U.S. with J-1 status on or before September 14, 2026. If you travel and re-enter the U.S. any time on or after September 15, 2026, please read the information below.
If you travel and re-enter the U.S. on or after September 15, 2026 (even if you were inside the U.S. on September 14, 2026), you will be re-admitted to the U.S. with a date-specific Admit Until Date (AUD) on your I-94. Your AUD will generally be your DS-2019 end date plus a 30-day grace period, up to a maximum of 4 years.
After each re-entry to the U.S., you should review your I-94 record to confirm that your entry information and Admit Until Date (AUD) are correct.
You must also continue to follow all other travel guidelines that we provide on the international travel page of our website.
last updated July 23, 2026
The Extension of Stay Requirement
last updated August 6, 2026
If your Admit Until Date (AUD) will expire before you complete your program, you must obtain an updated I-20/DS-2019 from OGS before your current I-20/DS-2019 end date or AUD, whichever comes first. An updated I-20/DS-2019 does not automatically extend your AUD.
Once you have your updated I-20/DS-2019, you will need to either apply for an Extension of Stay (EOS) with U.S. Citizenship and Immigration Services (USCIS) or depart the U.S. and re-enter to receive a new AUD from CBP.
In addition, if you apply for OPT, STEM OPT extension, or Academic Training, you will need to file an Extension of Stay application, regardless of your AUD.
Apply for an Extension of Stay with USCIS while Remaining in the U.S.
This requires filing an application with USCIS, paying the required filing fee, and, if requested, completing a biometrics screening.
Travel Outside the U.S. and Receive a New AUD from CBP when You Return
You may be eligible to travel abroad and request re-entry to the U.S., presenting an updated I-20 (F-1) or DS-2019 (J-1) that shows your new program end date.
OGS will provide additional guidance as soon as it is available.
Last updated August 6, 2026
Extending your Admit Until Date (AUD) will generally require three steps:
- Request an EOS recommendation on your I-20 (F-1) or DS-2019 (J-1) from OGS.
- File an Extension of Stay (Form I-539) with U.S. Citizen and Immigration Services (USCIS), including all required documentation
- Wait for USCIS Adjudication
Alternatively, if eligible, you may also choose to travel outside the U.S. and request re-entry to the U.S. to receive a new Admit Until Date (AUD) from CBP.
OGS will provide additional guidance as soon as it is available.
last updated August 6, 2026
To maintain the ability to study and work (if eligible) while your EOS is pending with USCIS, USCIS must receive your EOS application prior to your Admit Until Date (AUD) or prior to the Program End date on your I-20/DS-2019, whichever comes first. You may submit your application to USCIS up to 180 days prior to your AUD.
OGS will provide additional guidance as soon as it is available.
Last updated August 6, 2026
USCIS determines the eligibility requirements for an Extension of Stay (EOS) application. USCIS will complete a holistic review of your time spent in the U.S. to determine the outcome of your application, Their approval of an EOS is not limited by the criteria stated below. As with other USCIS applications, it is anticipated that they will review your online presence and social media.
Required documentation may include, but is not limited to:
F-1/J-1 Students Who are Currently Enrolled
- A currently issued I-20 or DS-2019 showing the recommendation for extension
- Compelling academic reasons, such as a change of major or research topic, or unexpected research problems, indicating why you need the additional time or
- Documented illness that impacted your academic progression, or
- Other circumstances beyond your control; for example, a natural disaster, a national health crisis, etc.
- Financial documentation demonstrating your ability to pay for your expenses
F-1/J-1 Students Requesting a SEVIS Transfer
- A currently issued I-20 or DS-2019 from your new institution
- Letter of admission
- Financial documentation demonstrating your ability to pay for your expenses for the duration of the additional time requested
F-1/J-1 Students/Alumni Applying for Practical Training
- A currently issued I-20 or DS-2019 showing the recommendation for extension and/or the appropriate recommendation for employment authorization
J-1 Scholars
- A currently issued DS-2019 showing the recommendation for extension
- Updated appointment letter confirming extension of your NU appointment
- Financial documentation demonstrating your ability to finance your exchange program. This may include;
- For paid J-1 Scholars receiving a Northeastern salary:
- Recent pay stubs
- Your offer extension letter confirming your salary for the extension period
- Bank statements, including affidavits of support from family or external funding sources (if applicable)
- Letters from external funding institutions or your home institution if financial support is provided.
- For paid J-1 Scholars receiving a Northeastern salary:
OGS will provide additional guidance as soon as it is available.
Last updated August 6, 2026
If you are a continuing F-1 or J-1 student, you may continue studying for up to 240-days as long as you timely file your EOS application with USCIS.
In all cases, this automatic extension only applies while your EOS application remains pending with USCIS. If USCIS denies your EOS, you must immediately depart the U.S.
OGS will provide additional guidance as soon as it is available.
Last updated August 6, 2026
You may be able to continue to work while your EOS application is pending, depending on the type of employment authorization you have and if you have timely filed your application:
- On-campus employment, Curricular Practical Training (CPT), or economic-hardship-based EAD holders: If you timely file your EOS application your employment authorization may be extended up to 240-days.
- STEM OPT extension applicants: If you timely file your STEM OPT application and your EOS application, you will receive the existing automatic 180-day extension of employment authorization. This extension is unchanged by the new rule.
- J-1 Students on Academic Training (AT) and J-1 Scholars: If you timely file your EOS application, your employment authorization will be automatically extended up to 240-days.
In all cases, this automatic extension applies only while your extension of stay application remains pending. If USCIS denies your application, work authorization ends immediately upon receipt of the denial notice.
The 240-day work authorization continuation does not apply to J-2 dependents.
OGS will provide additional guidance as soon as it is available.
Last updated August 6, 2026