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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: