Duration of Status Changes

The U.S. government has published significant regulatory changes to the Duration of Status rules, including new restrictions on academic mobility for international students. Follow the updates here.

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Important Update: Regulation Currently Blocked

A preliminary injunction was issued September 14, 2026, that blocked the implementation of the DHS final rule to replace Duration of Status. The injuction postpones implementation “pending further order of this court or seolution of this proceeding on the merits.” The current D/S regulations remain in operation unless and until the court or subsequent appeals permit the final rule to take effect.

MAIN POINTS:

The exsisting D/S framework remains in effect and governs all aspects of F and J regulations.

Restrictions on academic mobility will not be put in place. 

Related transition provisions for OPT filing provisions will not be put in place. 

All students and scholars should continue to check their email regularly for updates. 

What is Duration of Status (D/S)?

D/S ties your ability to stay in the U.S. with maintaining your status, not one fixed date.

Current policy allows F-1 and J-1 students to remain in the U.S. as long as they:

  • enroll full time;
  • make progress towards their degree; and
  • only work with proper authorization.

When you enter the U.S. your Form I-94 should list your Admit Until Date (AUD) as D/S until Sept. 15, 2026. After that date, any entry to the U.S. will be recorded with a fixed AUD.

Summary of Changes

Fixed Period of Stay in the U.S.
  • F and J visa holders who enter or return to the U.S. after Sept. 15, 2026 will be given an Admit Until Date “AUD” on their I-94 entry record.
  • The AUD will be limited to your Program End Date listed on your form I-20 or DS -2019 or four years (whichever is shorter) plus a 30-day grace period.
  • NOTE: Any F1 student who enters or returns to the U.S. after Sept. 15, 2026 will have a reduced grace period from 60 days to 30 days.
Extension of Stay Process
  • If a student requires additional time to complete their academic objective beyond their AUD they are required to timely file a Form I-539 and pay the filing fee for an Extension of Stay application with USCIS prior to their AUD expiration date. 
  • USCIS will adjudicate the I-539 application and has the descretion to approve or deny.
  • A student may also have the option to depart the U.S. and seek reentry with an updated Form I-20 or DS-2019 and valid visa. Customs and Border Protection would have descretion to process the extension of the AUD at the port of entry. 
Restrictions on Change of Educational Objectives and Transfers
  • Undergraduate Students: May only change major or transfer schools after 1 year of study.
  • Graduate Students: Prohibited from changing majors at any point during their program of study. May be eligible to transfer schools during their program of study, but only if SEVP approves an exception based on “extenuating circumstances.”
Matriculation - New rules
  • F1 students will no longer be permitted to pursue a subsequent degree at the same or lower level.

Transition Period Information

Starting on September 15, 2026, there are transition provisions that will govern the Admit Until Date and whether a student needs to file an Extension of Stay application for changes in their academic objective. Please meet with ISSS to discuss any updates to your degree or post-degree plans as early as possible. 

D/S will end and an updated I-94 with fixed AUD will be assigned if you:

  • Travel internationally at any time after Sept. 15, 2026 (see below)
  • Need more time to complete your degree
  • Change to a new, higher, educational level
  • Apply for OPT after March 18, 2027
  • Apply for post-completion Academic Training after Sept. 15, 2026

Note: The transition provisions will end and all students will change to a fixed AUD starting November 14, 2030. 

Students who are in the U.S. or arrive before Sept. 15, 2026
  • Keep Duration of Status (D/S) until their I-20 or DS-2019 Program End Date or until 11/14/2030 (whichever is earlier),
  • F-1 students retain 60-day Grace Period.
  • If student needs additional time to complete their degree, they will need to file an Extension of Stay application with USCIS and D/S no longer applies.

IMPORTANT: If student travels internationally after Sept. 15, 2026, they are no longer subject to the transition rules and the new rules and assigned AUD will apply.

Students who travel internationally after Sept. 15, 2026

IMPORTANT: If student travels internationally after Sept. 15, 2026, they are no longer subject to the transition rules and the new rules and assigned AUD will apply.

  • You will be assigned a date specific AUD on your I-94.
  • F-1 students will be given a 30 day Grace Period.
  • Any change in academic objective that requires additional time past the AUD will require filing an Extension of Stay application with USCIS. 

Employment Updates

On-Campus Employment
  • F-1 and J-1 Students who timely file an Extension of Stay and already have on-campus work authorization will be permitted to continue on-campus work for up to 240 days while the EOS application is processing.
  • F-1 Students who submit an EOS to USCIS after their Program End Date on their I-20 will not be permitted to work while EOS is pending with USCIS. Students can continue studying with a pending application.
OPT or STEM Extension
  • Alumni who are in the U.S. and remain after Sept. 15, 2026 are given a transition period until March 18, 2027 for filing for OPT or STEM Extension
    • Must continue to maintain status
    • Retain D/S through the duration of your employment authorization dates (up until November 14, 2030  for F-1 Students) ( up until October 15, 2030 for J-1 Students).
    • F-1 students retain the legacy 60-day Grace Period
    • Not required to file EOS with OPT/STEM Extension Application

 

  • Alumni will be subject to the fixed I-94 AUD instead of D/S in these cases:
    • travel internationally and reenter the U.S. after Sept. 15, 2026
    • apply for OPT or STEM Extension after March 18, 2027
    • extend J-1 Academic Training after Sept. 15, 2026
    • begin a new eligible academic or exchange program.

Changes to Student Processes after Sept. 15, 2026

All students must pay attention to immigration timelines and deadlines – You are reponsible for maintaining your status. The following immigration requests will be affected by the new rule. Students must meet with ISSS to determine their eligiblity for a change in their program and the type of filing process required, if eligible:

  • Program extensions
  • Transfer to another school
  • Change of Education Level or Program
  • OPT, STEM Extension, Academic Training

Changes to J-1 Scholar Processes after Sept. 15, 2026

The new rule impacts how J-1 international scholars and their J-2 dependents are admitted to the U.S. and changes the process for extending their stay.

Beginning Sept. 15, 2026, J-1 scholars and J-2 dependents will receive a fixed Admit Until Date “AUD” on their form I-94 when they enter or reenter the U.S. The AUD should match the end date on the DS-2019 plus 30-day grace period, or the expiration date on the passport, not to exceed four years.

If a J-1 scholar or J-2 dependent needs additional time in the U.S. beyond the AUD, they will need to either:

1. Apply for an Extension of Stay through USCIS after obtaining a new extended DS-2019 from ISSS, or

2. Leave the U.S. and reenter using a new extended DS -2019 from ISSS.

Travel

J-1 scholars and J-2 dependents present in the U.S. before Sept. 15, 2026 will have D/S if they remain in the U.S. If they travel internationally after Sept. 15, 2026, they will recieve an AUD upon reentry to the U.S. that either matches their program end date on the DS 2019, or matches the expiration date of their passport, NOT to exceed four years. 

All scholars are required to upload their most recent form I-94 after every entry to the U.S. to their international scholar portal. Scholars should confirm that the Class of Admission and AUD are correct on the I-94 and notify ISSS of any discrepancies. 

Extending J-1 Program

If your department would like to extend your program at Mines, please reach out to ISSS. You must obtain a new DS-2019 to process and be able to extend your time with Mines.

After Sept. 15, 2026, any extension of the DS-2019 that is beyond the AUD will require the J-1 to obtain the extension DS -2019 from ISSS and either:

1. Apply for an Extesion of Stay through USCIS, or

2. Leave the U.S. and reenter using the new extended DS-2019 form.

Please note that you must obtain the new extended DS-2019 and file any extensions of stay PRIOR to the AUD. Timing is important. Failure to timely file may result in loss of work authorization or status. 

Transferring to Another Institution

If a J-1 Scholar would like to transfer their SEVIS record to another institution, please come and talk with an ISSS Advisor. ISSS and the new institution will need to work closely on program transfers and eligibility. In some cases, the scholar may need to file for an Extension of Stay. Consult with ISSS if you are considering a transfer. 

J-2 Dependent Considerations

J-2 status is dependent on the primary J-1 visa holder’s status. 

If the J-1 scholar travels outside of the U.S. any AUD applied to the J-1 will also apply to the J-2. 

Filing an extension of stay online requires a separate application and filing fee for EACH dependent. Please note that filing for extension of stay does not extend employment eligibility for a J-2. A J-2 must wait for extension of stay approval notification or the I-94 with valid AUD before they can apply for an extension of their J-2 employment authorization. 

Schedule an appointment with an International Student & Scholar Services Advisor

Do you have questions you would like to ask an International Student and Scholar Services (ISSS) advisor? Schedule an appointment with us for a time that works in your schedule!

Contact Us

International Student & Scholar Services
924 16th Street
Green Center, Suite 221
Colorado School of Mines
Golden, CO 80401

Office Hours
Monday through Friday, 9:00am - 12:00pm and 1:30pm - 4:00pm

Main Office Phone and Email
(303) 273-3210 / isss@mines.edu