New “Duration of Status” Rule

The “Admit Until Date” (AUD) is the period of lawful stay in the U.S. The current Duration of Status (D/S) “Admit Until Date” allows entry until the F-1/J-1 activities end, without a fixed date or defined duration.

F and J students and scholars who enter the U.S. after September 15, 2026, will have a fixed I-94 AUD.

F and J nonimmigrants may enter the U.S. up to 30 days before their I-20 or DS-2019 start date. Students and scholars will be granted admission to the U.S. for the length of their I-20 or DS-2019, not to exceed four years. The fixed admission date is calculated to begin on the I-20 or DS-2019 program start date, not the date of entry into the U.S. The fixed admission date will include a 30-day grace period after the I-20 or DS-2019 program end date. 

The current program extension process is completed by a Designated School Official (DSO) or Alternate Responsible Officer (ARO) at the higher education institution and does not require a formal government application, application fee, or adjudication.  

Beginning September 15, 2026, the process will include a formal application to the U.S. government

The grace period is a period of lawful stay in the U.S. after completing an academic program during which an F nonimmigrant may prepare for departure from the U.S. 

Current rules allow an F-1 student to change education level, transfer higher education institutions, or apply for a change of immigration status or benefit during the 60-day grace period. 

Effective September 15, 2026, the process and timelines for an F-1 student to extend their lawful stay in the U.S. will change, and will depend on the current I-94 Admit Until Date (AUD).

There is no change to the J-1 student or scholar 30-day grace period.

Limits may be placed to prevent students previously enrolled in a degree-seeking program to change education level to English Language Training. 

Educational objective refers to the education level or major. 

Educational objective refers to the education level or major.  

Students who previously completed an academic program in F-1 status in the U.S. cannot be admitted to or matriculate at the same or lower education level as any prior F-1 study in the U.S.

If your I-94 currently lists D/S AND you remain in the U.S., you will automatically transition to a fixed end date, which is the end date on your current DS-2019 or four years, whichever is earlier. You will not be given a new I-94 record.

If you re-enter the U.S. after the final rule’s effective date (9/15/2026), you will be subject to the fixed-date framework imposed by this rule. When you enter the U.S., your I-94 record will state the specific admit until date (AUD), which is the end date listed on your DS-2019 plus 30 days.  You cannot work during the 30-day grace period.

Under this new rule, individuals who enter the U.S. on or after September 15, 2026 will be admitted with a specific admit until date (AUD) that reflects their lawful status expiration date.

If your extended DS-2019 is issued after September 15, 2026, you must also submit Form I-539 to the U.S. Citizenship and Immigration Services (USCIS) to extend your status and admit until date (AUD).

Yes, this rule will impact you. If you depart the United States and re-enter the U.S. after September 15, 2026, you will be subject to the fixed-date framework imposed by this rule. Your new I-94 record will list a specific admit until date and not a D/S.

This new regulation does not impact your ability to transfer program sponsors. You should contact your new J-1 program sponsor for further information about the need and timing for filing Form I-539 after your J-1 record has been transferred.

Each J-2 dependent will need to complete the Form I-539A, which is submitted with the J-1’s Form I-539 extension of stay application. If the I-539 and I-539A are submitted together in paper form (not online), only one filing fee is required. Extensions of stay for dependents will not exceed the J-1’s admit until date.

Generally, Yes.

If you have an unpaid appointment, you will need to contact the SHIP Office to re-enroll in your SHIP insurance plan once your DS-2019 is extended.

If you have insurance benefits as part of a paid appointment, your benefits will continue as long as you can legally continue working.

International travel while a pending extension of stay application is not recommended, but is technically allowed. If you have international travel plans, it is generally recommended to extend your admit until date through travel rather than filing an extension of stay application.

Yes. Based on the new rule, when you re-enter the U.S. with an extended DS-2019, U.S. Customs and Border Protection will extend your admit until date accordingly.

Fifteen (15) business days once IFSS has the request with all the required documents.

It is currently unknown how long USCIS will take to adjudicate the petition with regular processing. Check the current processing time on the USCIS website.

Currently, there is no premium processing option for an extension of status application.

The H-1B is an employer-sponsored petition. You cannot sponsor yourself for an H-1B.

Unpaid appointments are not eligible for H-1B sponsorship.

For paid appointments, the H-1B has other concerns and considerations, such as the recent implementation of a $100,000 fee for some H-1Bs, the job must qualify as a specialty occupation, the unit must agree to pay the prevailing wage, is more limited (i.e. employment details cannot be changed as easily), and the department must pay the required federal filing fees ranging from $460-$3,925.

IFSS will shorten/end your program if your sponsoring department indicates that your position at the University is ending. If you wish to transfer to another institution, you must submit the transfer-out request in Terra Dotta before your DS-2019 end date. You must allow time to submit the Form I-539 if your program end date will be extended also.

Departments can request J-1 extensions for UW-funded programs at any time. 

Requests to extend self-funded programs cannot be made more than six months before the current program’s end date.

You can submit your Form I-539 extension petition as soon as you receive your extended DS-2019 from IFSS.

No. Return transportation costs are the responsibility of the J-1 scholar.

Since the I-539 is a personal application, IFSS cannot assist you with the process. However, IFSS will provide a guide and FAQs about this process when your extension DS-2019 is issued.

Since the I-539 is a personal application, IFSS cannot review your I-539. You must complete your I-539 on your own or with the help of a private attorney. You are responsible for any attorney fees and filing fees using your own personal funds. The UW cannot reimburse your attorney fees, filing fees, nor can you use grant or start-up money for these fees.

Yes. It is also cheaper to file online if you are the only applicant. If you have dependents, it may be cheaper to file via paper.

If you file the I-539 online, the filing fee is $420.

If you file Form I-539 on paper and send it to USCIS, the filing fee is $470. You must file the I-539 by sending it to USCIS if you have dependents and each dependent must complete their own I-539A.

No, the University cannot reimburse the filing fees. There is no business-related reason for the University to pay these filing fees. 

Yes, if you have filed your I-539 extension before your program end, you are granted an automatic extension of employment authorization for up to 240 days. [See 8 CFR 274a.12(b)(20).]  If you file the I-539 in the 30 day grace period, you do NOT get a 240 day automatic extension of stay.

The J-1 scholar is required to pay the filing fee.

The Admit Until Date is the exact calendar date your authorized stay in the United States legally ends. Found on your I-94 record it is determined by Customs and Border Protection (CBP) when you are admitted to the U.S. or if your Extension of Stay is approved by U.S. Citizenship or by Immigration Service (USCIS) officers.    

DSOs are employees of SEVP-approved higher education institutions who are responsible for all matters relating to F-1 and M-1 students and F-2 and M-2 dependents, including the management of SEVIS. Each SEVP-approved higher education institution has one PDSO. P/DSOs access SEVIS and report information under penalty of perjury.

Is a Certificate of Eligibility for Exchange Visitor (J-1) status issued by Alternative Responsible Officers (AROs) for a specific J-1 category. Categories sponsored by UW-Madison are Student, Student Intern, Short-Term Scholar,Research Scholar, Professor, and Specialist.  

DS-2019 for Students: This document is issued after admission to program and must remain updated to reflect the student’s academic program of study and any authorized academic training. A DS-2019 is used to apply for the nonimmigrant J-1 visa and proof of lawful status to enter and/or stay in the U.S. 

DS-2019 for Student Interns & Scholars: This document is issued for work, research or other types of job training, lasting from days to years. A DS-2019 is used to apply for the nonimmigrant J-1 visa and proof of lawful status to enter and/or stay in the U.S. 

Education levels in SEVIS currently include: Other (Non-degree, VISP, Capstone Certificates), Associate’s, Bachelor’s, Master’s, Doctorate, Language Training.

Petition submitted to USCIS by students and scholars to stay beyond the initial admission period. Petition requires supporting documentation and filing fees. Processing times vary, and a biometrics services appointment will be required (if not done within the last 3 years) at a nearby USCIS Application Support Center (ASC).

An international student who enters the U.S. on an F-1 nonimmigrant student visa. The primary purpose of the F-1 student visa is to study full-time. Practical training and employment are benefits of maintaining lawful F-1 status and are not the primary purpose of the F-1 student visa.

Is a Certificate of Eligibility for Nonimmigrant (F-1) Student Status issued by a DSO after admission to the institution and must remain updated to reflect the student’s academic program of study and any authorized practical training during or after completion of studies. Form I-20 is used to apply for the nonimmigrant F-1 visa and proof of lawful status to enter and/or stay in the U.S. 

Arrival/Departure Record for nonimmigrants entering the U.S. Most current record of arrival or departure is located on the CBP I-94 website as well as a record of recent travel history. This record is used with other documents to prove legal visitor status to employers, higher education institutions, and government agencies.

Refers to how an individual entered the U.S. and for how long they can stay in the U.S., and what the can/cannot do under that status. For F-1 students and J-1 exchange students and scholars, a combination of the Form I-20 or DS-2019, and Form I-94 determines the period of lawful immigration status. 

An international student, student intern, or scholar who is in the U.S. on a J-1 nonimmigrant exchange visitor status.  

ISS serves J-1 exchange visitors in the university student and student intern categories. The primary purpose for university students is to engage in full-time enrollment. Academic training and employment on campus are benefits of maintaining lawful J-1 student status and are not the primary purpose of the J-1 student exchange visitor. The primary purpose for student interns is to engage is authorized research or training with an authorized supervisor.   

IFSS serves J-1 exchange visitors in the Research Scholar, Short-Term Scholar, Professor, or Specialist categories.  

A request a student or scholar makes to their P/DSO or A/RO if they have degree requirements or program objectives remaining past the program end date on the I-20 or DS-2019. 

Students: Requests are made through Terra Dotta, recommended by academic or faculty advisor and processed by DSO or ARO. There are no additional cost beyonds the International Services Fee. 

Scholars: Requests are made through Terra Dotta and processed by ARO.

AROs are employees of DoS-approved organizations who are responsible for all matters relating to J-1 exchange visitors and J-2 dependents. Each DoS-approved organization has one RO. A/ROs access SEVIS and report information under penalty of perjury.

An electronic database used to monitor and report information about F/M student and J exchange visitor nonimmigrants, such as current U.S. and foreign addresses, employment authorization, and enrollment status. SEVIS is maintained and monitored by the Department of Homeland Security (DHS) through the Student & Exchange Visitor Program (SEVP). SEVIS is used to report whether a student or scholar is maintaining lawful status or has failed to maintain lawful status. 

Unlawful Presence is determined by the federal government. It cannot be determined by ISS.

Unlawful presence may begin if an application for Extension of Stay (EOS), Change of Status, or another federal immigration benefit is denied by U.S. Citizenship and Immigration Services (USCIS). Unlawful presence may also begin after the I-94 AUD if the individual did not file an Extension of Stay (EOS) or other benefit before the AUD. 

If you are admitted for duration of status (D/S) and your Form I-94 is marked “D/S”, then you may stay in the U.S. for the duration of your program, course of study, or temporary work assignment to the United States, plus any additional grace periods that may be authorized afterward. Nonimmigrants admitted for duration of status generally begin accruing unlawful presence the day after their status ends, if they remain in the U.S. If you seek and are granted an extension of your immigration benefit, your I-94 should be updated to reflect your lawful presence. 

If an individual accrues 180-364 days of unlawful presence in the U.S., they can face a 3-year bar from entering the U.S. If an individual accrues 365+ days of unlawful presence, they can face a 10-year bar from entering the U.S.

U.S. Department of Homeland Security (DHS): DHS monitors and ensures the safety and security of the U.S. It has jurisdiction over other immigration agencies. 

U.S. Department of State (DoS): DoS promotes sound diplomacy for prosperity and stability. DoS oversees U.S. embassies and U.S. visa consular services, which issue visas, as well as the J-1 Exchange Visitor Program.  

Student & Exchange Visitor Program (SEVP): SEVP manages higher education institutions and nonimmigrant students and acts as a bridge for other government agencies/organizations that have an interest in information on nonimmigrants whose primary purpose in the U.S. is to study. 

U.S. Citizenship & Immigration Services (USCIS): USCIS is a part of DHS that oversees lawful immigration in the U.S. They review and adjudicate applications including citizenship requests, immigration benefit applications (like OPT, STEM Extensions, H1-B, permanent residency) and humanitarian programs.   

Application Support Centers (ASC): ASCs are USCIS offices where nonimmigrants would be assigned to for a biometrics services appointment as required for applications like extension of stay (EOS) and other work benefit requests like Optional Practical Training (OPT) and STEM Extensions.    

U.S. Customs & Border Protection (CBP): CBP monitors and protects U.S. borders and ports of entry. This agency screens travelers at U.S. ports of entry and determines whether to admit individuals into the U.S. 

U.S. Immigration & Customs Enforcement (ICE): ICE is the investigative unit of DHS which enforces immigration laws and regulations. 

A travel document issued by a U.S. embassy or consulate to enter the U.S. The visa must be valid at the time of entry to the U.S. but may expire while inside the U.S. if the student or scholar is otherwise maintaining their status. Students and scholars from Canada and Bermuda are not required to obtain a visa stamp before entering the U.S.