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Changes to F-1 and J-1 Visa Status: What You Need to Know American Immigration Lawyers Association August 2026

This flyer is intended for general information purposes only and does not constitute legal advice. You should not act or rely on any information in this flyer without consulting a competent, licensed immigration attorney. If you do not have an immigration attorney, you can find a licensed attorney at www.ailalawyer.com.

The Department of Homeland Security (DHS) has significantly changed the rules for F-1 international students and J-1 exchange visitors. Beginning September 15, 2026, a new rule changes how F-1 and J-1 visa holders are admitted to the United States, limits how long they can stay, and restricts their academic mobility. It also requires F-1 and J-1 holders who wish to extend their stay to either file an extension of stay with USCIS or travel outside the U.S. and be admitted at a port of entry. Learn more about how this rule could affect you.

What Is Changing?
For decades, F-1 and J-1 visa holders have been admitted to the U.S. with a “Duration of Status” (D/S) notation, meaning they could stay in the U.S. as long as they are maintaining status and pursuing their program. Under the new rule, this will change. Starting September 15, 2026, all F and J visa holders will only be allowed to stay for a specific amount of time, known as an Admit Until Date (AUD), limited to whichever is shorter: the end date of their program, or four years. The grace period F-1 students receive after their program ends will be reduced from 60 to 30 days.

Note :A lawsuit has been filed to stop the rule from going into effect,but the judge has not yet ruled,so keep a close watch for updates.
 
For Those Already in the U.S. in D/S on September 15,2026
If you were admitted for D/S and are present in the U.S. on September 15, 2026, the new rule provides special transition rules.

You may remain in the United States until the Program End Date on your Form I-20, DS-2019, or the end of your post-completion OPT or STEM OPT, not to exceed November 14, 2030.

However, if you depart the U.S. and re-enter on or after September 15, 2026, the new rule will apply to you. You will be given an AUD upon re-entry (either the program end date listed on your Form I-20 or DS-2019, or four years, whichever is shorter) and your grace period will be limited to 30 days.

If you applied for OPT before September 15, 2026, you may continue working until the end date on your OPT authorization.

If you apply for post-completion OPT by March 18, 2027, you only need to file the standard Form I-765 application. You will not be required to file Form I-539 application.

If you apply for OPT after March 18, 2027, you must file both an I-765 and the I-539 application with USCIS.

If you travel outside the U.S. and re-enter on or after September 15, 2026, you will need to file both Form I-539 and I-765 to apply for OPT, regardless of the timing of your filing.

Extending Your Stay in the U.S.
Unless you qualify for the rules above, effective September 15, if you need more time in the U.S. to complete your program, begin a new program, or engage in practical training beyond your AUD, you will need to take action to extend your status. Your Designated School Official (DSO) for F-1 students or Alternate Responsible Officer (ARO) for J-1 scholars must first recommend the extension in SEVIS and issue you an extended Form I-20 or DS-2019. Next, you will need to either apply for an extension of stay with USCIS or depart the United States before your AUD and apply for admission at a U.S. port of entry.

Limits on Transferring Schools, Changing Your Program, and Other Restrictions

  • Students below the graduate level may not transfer schools or change academic programs before completing their first year of study, unless SEVP authorizes an exception for extenuating circumstances.
  • Students at a graduate level or above may not change programs or transfer schools, unless SEVP grants an exception for extenuating circumstances.
  • After completing a degree in the U.S. after September 15, 2026, students may only advance to a higher degree level. Earning another degree at the same or lower level will not be not permitted.
  • For those enrolled in English language training programs, the rule limits the total study time to 24 months, including vacation periods.

Dependents (F-2 and J-2)
If your spouse or child(ren) have F-2 or J-2 dependent status, their permitted stay will normally be tied to yours. When you file to extend your own status, they generally need to extend theirs too. You can include them on your Form I-539 application by having each dependent complete a separate Form I-539A. There is no extra filing fee for dependents
added this way. They may choose to file a separate I-539 application instead.


If your spouse or children are currently outside the United States, they do not have to file anything now. If they enter the U.S. on or after September 15, 2026, CBP will generally admit them for a fixed period tied to your own authorized stay.
 

What To Do Now

Talk to your DSO or ARO as soon as possible to understand how this rule will affect your specific situation and timeline. Keep in mind that the prior rules impacting F-1 and J-1 visa holders remain in place until September 15, 2026.

File any needed applications timely and as early as possible. USCIS processing times can be lengthy, and gaps in your status can have serious consequences.

Keep copies of all important documents, including your I-20 or DS-2019, all USCIS filing receipts, and any approval or denial notices.


 

How will immigrants be impacted by the Trump Administration’s 2026 Public Charge Rule?

New York Immigration Coalition
August 2026

A new Trump Administration Federal Rule that will restrict immigrants’ ability to adjust status or enter the United States on a visa  takes effect September 18, 2026. The rule is commonly called “Public Charge,” and its formal name is the “Public Charge Ground of Inadmissibility” Rule. Based on the impacts of a similar rule implemented in 2019, we expect confusion, inconsistency, and a chilling of immigrants and even U.S. citizens accessing various public benefits programs.

What do “Public Charge” and “Inadmissibility” mean?

“Public charge” is a legal term for individuals who rely on government assistance to survive. Since the 1880s, U.S. immigration law has had legal provisions that prohibit people who are “likely at any time to become a public charge” from legally entering the U.S., and that prohibit them from adjusting their status to lawful permanent resident (LPR, or green card holder) once here. A legal entry into the U.S. is known as an admission, and so, under the law, a likelihood of becoming a public charge is a reason to deny admission, or a “ground of inadmissibility.” If the U.S. government determines that the individual is likely to become a public charge, that person would be ineligible for a visa or a green card.  

“Public charge” was defined in federal guidance in 1999. It was briefly changed during the first Trump Administration, before being changed back during the Biden Administration. The longstanding definition set forth in 1999 stated that a public charge is someone who is “primarily dependent” on government cash assistance or government-funded long-term institutional care. 

What is the new Rule?

The new Public Charge rule makes two important changes: 

  • First, it removes the old criteria to identify what benefits can count – and which ones do not count – in a public charge determination. Those prior standards limited public charge to two specific public benefits—cash assistance and government-funded long-term institutional care. The current regulation defines “a means-tested public benefit” as one based on income or assets falling below a certain threshold and provided by a government agency or with government funds. Earned benefits like Social Security, Medicare, or Unemployment Insurance are not considered means-tested public benefits.
  • Second, the prior Rule excluded benefits received by an individual’s family members. The new Rule instructs officers to assess individuals by “the totality of circumstances,” which may include public benefits received by children or relatives who an individual is legally obligated to support

What does this mean?

The new public charge rule will be a radical shift in how the public charge test is applied. We expect the change to have a chilling effect on the use of public benefits by citizens and non-citizens alike, and to deter families from using essential public programs.

What benefits will now be considered?

The rule does not specify which benefits will be considered. Instead, the new rule allows immigration officers to make public charge determinations based on the receipt of (or mere application or certification for) any means-tested public benefits instead of just the two narrow categories of cash assistance or government-funded institutionalized long-term care. 

The following public benefits could be considered by USCIS after the new rule goes into effect:

  • Nutrition Programs
    • Supplemental Nutrition Assistance Program (SNAP)
    • Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)
    • Benefits under the Emergency Food Assistance Act (TEFAP)
    • Child and Adult Care Food Program (CACFP)
    • Food Distribution Program on Indian Reservations (FDPIR)

  • Health Programs
    • Medicaid, Children’s Health Insurance Program (CHIP), Essential Plan, and health insurance through the Affordable Care Act
    • Home and community-based services (HCBS)
  • Housing Programs
    • Public housing programs like Section 8 
    • Home Energy Assistance Program (HEAP)
  • Education & Other Programs
    • Head Start or Early Intervention
    • Child Tax Credit (CTC) or other tax-related cash benefits including Earned Income Tax Credit (EITC)

What immigration statuses are included and excluded from public charge?

Public charge applies to individuals who are in the process of becoming LPRs (i.e., who are getting a green card) or who are immigrating to the United States. Public charge may also apply to certain LPRs who leave the United States and then reenter, including those who were abroad for more than 180 days. 

The public charge test does not apply to individuals filing for permanent residence who are applying on the basis of being:

  • Asylees
  • Refugees
  • Survivors of domestic violence, trafficking, or serious crimes (VAWA, T visa holders, or U visa holders)
  • Children or young adults with SIJ (Special Immigrant Juvenile classification)

Public charge does not apply to LPRs who are renewing their green card, or to U.S. citizens.

1 Individuals who are derivative visa holders of many of the categories below and attempting to obtain green cards for the first time should consult an immigration lawyer.

Will prior use of benefits be used to determine if someone is a public charge?

Cash assistance and long-term institutional care at government expense have always been considered. In addition, once the new policy takes effect on September 18, 2026, any other means-tested public benefits received after that date, as well as the authorization or certification for benefits, even if not actually received, can be used in a public charge determination.

Can DHS consider a child’s use of benefits on a parent’s application?

Yes. The new Rule allows DHS to consider the use of benefits by a “dependent”—such as a citizen or noncitizen child—among other members of an individual’s household, as well as the applicant’s economic conditions during the period when the dependent was receiving the benefits. 

Where to go for help

For individuals and families that are unsure if the new public charge rule will impact their ongoing cases, please contact your immigration attorney, or trusted legal contact. If you do not have an attorney, connect with trusted community organizations and legal groups. 

In New York, you may call:

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Contact us today at 718-478-5502 ext. 103, 914-348-1175 or email health@eiic.org

Stay Connected: Get updates on the latest NY State of Health News and Events at: https://info.nystateofhealth.ny.gov/stay-connected

Advisory on domestic air travel

Over the past month, there have been increased reports of Immigration and Customs Enforcement (ICE) detaining noncitizen travelers at airports, including travelers who have pending immigration court cases or pending affirmative benefit applications. Incidents have occurred before and after landing on domestic flights. Previously, airport immigration detentions focused on individuals with removal orders or administrative warrants.

Based on these reports, and out of an abundance of caution, it is strongly recommended that:

  • Noncitizens with pending immigration cases and temporary visa statuses, in addition to noncitizens with old removal orders or criminal history, consult with an immigration attorney who is aware of recent immigration enforcement at your departure and arrival airport before any travel;
  • Individuals who do not have any immigration status should avoid airport travel, including domestic travel due to the risk of immigration enforcement.

The Transportation Security Administration (TSA), which is the federal agency responsible for airport security, now shares passenger information with ICE. ICE can use this information to target individual travelers for immigration arrest at airports.

Travelers at a particularly high risk of detention include individuals who do not have current immigration status (including those with pending immigration court cases and/or pending applications with USCIS), travelers whose immigration status has expired or been terminated, and travelers with old removal orders. Even if you now have some form of immigration status (like withholding of removal or Convention Against Torture protection), you could be targeted by ICE if you have a removal order.

You also could be targeted if ICE has a warrant against you, which can happen even if you have lawful status. For example, even as a lawful permanent resident you could face an immigration arrest if you have had contact with the criminal legal system, including arrests, convictions, and even expunged convictions.

This resource provides travel safety tips and other resources for immigrants traveling through U.S. airports. https://www.nilc.org/resources/community-alert-immigration-arrests-at-airports

DHS Rescinds the 2022 Public Charge Rule: What Immigrants and Families Need to Know

By James O’Dowd, EIIC legal intern

Prepared as a community explainer. This is general information, not legal advice. Anyone with a pending or upcoming application should speak with an immigration attorney or accredited representative about their specific facts.

What Is Public Charge

“Public charge” is a ground of inadmissibility that has existed in United States immigration law for more than a century. Under section 212(a)(4) of the Immigration and Nationality Act, a person applying for a visa, admission to the United States, or adjustment of status to a green card may be denied if an immigration or consular officer decides that the person is likely, at any point in the future, to become primarily dependent on the government for support.

The statute does not define “public charge” or specify exactly which benefits count toward it. It does, however, require officers to consider, at minimum, an applicant’s age, health, family status, assets, resources, financial status, and education and skills. Everything else, including which benefits matter and how heavily they should be weighed, has historically been shaped by regulation, agency guidance, and case law.

Public charge applies to people seeking green cards through adjustment of status, immigrant and nonimmigrant visa applicants, and people seeking admission at the border. It does not apply to everyone. Several categories of people are exempt by statute, including asylees and refugees adjusting status, certain survivors of domestic violence, trafficking, and other crimes who hold Violence Against Women Act (VAWA) self-petitions or T or U visas, and children adjusting status through Special Immigrant Juvenile Status. Naturalization, the process of becoming a United States citizen, is not affected by public charge.

What Changed

On July 16, 2026, USCIS announced, and on July 20, 2026, the Department of Homeland Security formally published in the Federal Register, a final rule titled ‘Public Charge Ground of Inadmissibility’ that rescinds the 2022 regulation issued under the Biden administration. The rule takes effect on September 18, 2026.

The 2022 rule defined public charge narrowly as someone primarily dependent on the government, generally meaning a person receiving cash assistance for income maintenance, such as Supplemental Security Income (SSI) or Temporary Assistance for Needy Families (TANF), or long-term institutionalization at government expense. It also excluded noncash benefits such as Supplemental Nutrition Assistance Program (SNAP), Medicaid, housing assistance, Children’s Health Insurance Program (CHIP), and Women, Infants, and Children (WIC) from consideration against an applicant, and it directed officers to weigh a defined set of seven factors within a structured totality-of-the-circumstances framework.

The new rule removes that framework. It does not replace it with a new list of countable or excluded benefits, a new definition of public charge, or a new definition of what it means to be likely to become a public charge. According to DHS, officers will instead decide each case individually, considering the statutory minimum factors, an applicant’s receipt of means-tested public benefits, any other individualized facts and circumstances specific to the case, and any relevant empirical data bearing on the applicant’s self-sufficiency. DHS has indicated that means-tested public benefits may include both cash and noncash benefits.

USCIS also removed the regulatory list of exemptions and waivers previously found at Title 8 of the Code of Federal Regulations 212.23. DHS says this list was a redundant restatement of exemptions that already exist in statute, meaning the exemptions for asylees, refugees, Special Immigrant Juvenile Status-based applicants, and VAWA, T, and U survivors should remain in force. However, advocates have noted that removing the plain-language regulatory guidance may create confusion.

DHS has said USCIS will issue subregulatory guidance, likely through the USCIS Policy Manual, before the rule takes effect. That guidance will not carry the force of law, and DHS is not required to publish all of it.

Why DHS Says It Is Doing This

DHS says the 2022 regulation was too restrictive and did not reflect Congress’s intent under the 1996 Personal Responsibility and Work Opportunity Reconciliation Act, which emphasized self-sufficiency and sought to ensure that public benefits would not encourage immigration. DHS argues that a fixed list of countable benefit categories limited officers’ ability to consider the full circumstances of each applicant.

The agency received 8,846 public comments on the proposal, the majority of which opposed it, and finalized the rule largely as proposed. DHS also estimates that the rule could reduce federal and state transfer payments by roughly $13 billion annually, or between $91 billion and $111 billion over ten years, largely because of anticipated disenrollment from benefits programs.

Why Advocates Are Concerned

Immigration attorneys and advocacy organizations, including the American Immigration Council, have raised serious concerns about the change. Because DHS removed the 2022 framework without issuing a replacement, officers now have greater discretion but less guidance, which advocates worry could lead to inconsistent decisions and renewed fear in immigrant communities.

That concern is not theoretical. Under the first Trump administration’s 2019 public charge rule, many immigrant families, including U.S. citizen children in mixed-status households, avoided or disenrolled from benefits they were legally entitled to, out of fear that doing so could affect future immigration applications. Advocates expect a similar chilling effect here, especially because DHS has not issued a clear public list of which benefits will count.

Questions also remain about how a family member’s receipt of benefits, including a U.S. citizen child’s benefits, may be treated in an applicant’s case. That issue was raised repeatedly during the public comment period, but DHS’s published materials do not fully explain how it will be handled.

Key Dates and What Is Not Retroactive

The rule was published in the Federal Register on July 20, 2026, and will become effective on September 18, 2026. It applies to applications for admission made on or after that date, and to adjustment of status applications filed on Form I-485 on or after that date, whether postmarked or submitted electronically.

Applications filed before September 18, 2026 will continue to be reviewed under the narrower 2022 standard. In general, benefits received before that date will be considered under the 2022 framework, which focuses on cash assistance for income maintenance and long-term institutionalization. USCIS is expected to issue a revised Form I-485 and related forms, and older versions submitted on or after the effective date may be rejected.

What People Can Do Now

People who may be affected should first confirm whether public charge applies to their case at all. The statutory exemptions for asylees, refugees, SIJS recipients, and certain VAWA, T, and U survivors should still apply, and a brief screening with an accredited representative or attorney can help clarify a person’s category.

Anyone preparing to file for adjustment of status should speak with a qualified attorney or accredited representative now about whether filing before September 18, 2026 makes sense, and how any current or past benefit use may be viewed under either standard. People should not disenroll from benefits they or their family members are legally entitled to receive without first getting individualized legal advice. Doing so could harm eligible family members, including U.S. citizen children, without improving an immigration case.

Community members should also watch for USCIS subregulatory guidance and the revised Form I-485 as the effective date approaches. Legal challenges to the rule are likely given the level of opposition in the public comment record, although none had been confirmed as of this writing.