NEW F-1 & J-1 RULES
F-1 & J-1 Immigration Changes: What You Need to Know
New rules effective September 15, 2026 affect how F-1 and J-1 individuals are admitted, how long they may remain in the U.S., and what may happen after international travel. We can help you determine what the change means for your specific situation.
THE CHANGE
What's changing?
The new rule can affect four areas that matter to both individuals and employers.
▦ Duration of status is changing F-1 and J-1 admissions will be assigned an I-94 expiration date, rather than being admitted for the duration of their status. | ↗ Extensions may become more important Some individuals may need USCIS extension-of-stay filings when more time is needed. A new I-20 or DS-2019 alone will not extend the I-94 date. | ▣ Employment authorization requires careful attention Program dates, I-94 dates and employment authorization must be reviewed together. | ✈ Travel and status changes may require more planning A new I-94 after travel can affect the date that controls the individual's stay. |
Why the I-94 expiration date matters The rule does not affect every F-1 or J-1 person the same way. But once an individual is admitted for a fixed period, the I-94 becomes a critical immigration deadline. If the authorized stay ends without a timely extension-of-stay filing or another lawful basis to remain, unlawful presence generally begins to accrue.
Planning ahead matters. A timely filed extension of stay can allow the individual to remain in a period of authorized stay while USCIS decides the request. DHS encourages eligible individuals who need more time to plan as early as 180 days before the current stay expires.
Read SIL's full F-1/J-1 rule overview → I'm in F-1 or J-1 status
If you are a student, scholar, exchange visitor or dependent, we can determine how the new rule applies to you.
- Determine what date controls your status
- Review your I-94 and program documents
- Assess international travel impact
- Review OPT/STEM OPT or EOS issues
View Individual Services → I employ F-1 or J-1 workers
If your organization employs F-1/J-1 workers, we can help identify who may need attention first.
- Review your current F-1/J-1 population
- Flag near-term status or work-authorization concerns
- Identify employees needing individualized review
- Spot longer-term immigration planning needs
View Employer Offering → QUESTIONS
Frequently Asked Questions
Does the new rule affect everyone currently in F-1 or J-1 status?
No. The effect depends on the person's current status, documents, dates, travel, and transition treatment. An individualized review can determine which rules and deadlines apply.
How do I know which date matters for me?
That may require comparing the I-94, I-20 or DS-2019, EAD if applicable, status history, and any travel. Our F-1/J-1 Status & I-94 Review is designed to identify the controlling dates and next steps.
What happens if I travel after September 15?
International travel may result in a new I-94 with a fixed expiration date. We offer a separate Post-Travel I-94 Review to compare the new I-94 with your program and employment authorization documents.
What if my I-94 expiration date passes?
If your authorized stay ends and you do not have a timely filed extension of stay or another lawful basis to remain, unlawful presence generally begins to accrue. If a qualifying extension was timely filed, you may remain in a period of authorized stay while USCIS decides the request. Because employment rules can be different while an application is pending, the filing and work-authorization dates should be reviewed together.
Can this affect OPT or STEM OPT?
Potentially. OPT/STEM OPT dates, the I-94, program dates, travel, and possible extension-of-stay implications may need to be reviewed together. This analysis is included in our F-1/J-1 Status & I-94 Review.
You don't have to determine the answer yourself.
Start with the path that fits you. SIL can review the relevant documents and identify what action, if any, is needed.
Choose Your Path This content is for general information only and does not constitute legal advice. Contacting our firm does not create an attorney-client relationship.
