BEYOND THE BORDERS: The re-entry surprise

ON JULY 17, 2026, the US Department of Homeland Security (DHS) published a final rule at 91 FR 44976 ending "Duration of Status" (D/S) for F-1, J-1, and M-1 students and exchange visitors. Since 1979, these travelers were admitted for as long as they stayed enrolled in their program.

That era is over.

Every admission now carries a specific end date, and for students who travel home and return, the change arrives at the airport.


The Date That Matters: September 15, 2026


An F-1 or J-1 student admitted in D/S before September 15, 2026, may remain under the transition framework while maintaining status. But a departure followed by re-entry on or after September 15 results in a new, fixed admission period. The Form I-94 issued by U.S. Customs and Border Protection (CBP) then controls how long the student may stay.

Not the visa. Not the Form I-20.


What the New Limits Look Like

• F-1 students: the program length on Form I-20, up to 4 years, plus 30 days before the program starts and 30 days after it ends.

• J-1 exchange visitors: the program length on Form DS-2019, up to 4 years.

• M-1 vocational students: a fixed period tied to the program end date on Form I-20.

Need more time to finish a program, start a new one, or work under Optional Practical Training (OPT) or STEM OPT? File an Extension of Stay (EOS) with USCIS before the I-94 expires, or depart and seek re-admission with an updated I-20 or DS-2019. An F-1 student with a timely filed EOS may continue a full course of study while USCIS decides. A J-1 with a timely pending EOS keeps work authorization for up to 240 days (90 days for People's Republic of China passport holders).


The Grace Period Just Shrank- Please Don’t Miss This!


The post-completion grace period for F-1 students has dropped from 60 days to 30 days after the end of the program, OPT, or STEM OPT. Do not rely on the old 60-day window.

J-1 exchange visitors and J-2 dependents also have 30 days after a shortened program end date to depart or obtain lawful status. Overstaying can cause unlawful presence and serious bars to future immigration benefits.


Tighter Transfer Rules


• Below graduate level: no transfer to a new school during the first year, which must be completed at the school that issued your I-20, unless SEVP approves.

• Graduate level or above: no transfer at any point, and no change of major or field of study, absent SEVP authorization for extenuating circumstances.

• After completing one educational level, you may only enroll at a higher level. Lateral or downward moves are prohibited.


Before You Fly: A Checklist


• Pull your current I-94 at i94.cbp.dhs.gov. Note whether it says D/S or shows an Admit Until Date.

• Check your I-20 or DS-2019. It needs a valid travel signature: within 12 months, or six months for many students on OPT or STEM OPT. Your school may be stricter.

• Confirm with your school official that your SEVIS record is active and accurate, and share your travel plans.

• Verify your passport and visa. The passport should cover your intended stay (six months of validity is commonly required). An expired visa is not renewed by traveling.

• Estimate your Admit Until Date. It may be shorter than your I-20 or DS-2019 end date, and a new I-20 alone does not extend your I-94. Decide before departure whether you plan to leave, extend, change status, or begin OPT.

• If on OPT or STEM OPT, carry your original Employment Authorization Document, your latest I-20 and proof of employment.

• Build an inspection file: passport, visa, I-20 or DS-2019, proof of enrollment, finances, SEVIS fee receipt, employment records and evidence of ties outside the US.


• Within 48 hours of entry, retrieve your new I-94 and check every detail. Report errors to your school official and counsel. Correction may require CBP Deferred Inspection.


What Can Go Wrong


CBP may issue an Admit Until Date shorter than your I-20 or DS-2019 end date, particularly when passport validity, work authorization or program documents limit it. Officers, including those at pre-clearance in Nassau, may also send a student to secondary inspection or ask for proof of enrollment, funding, employment or temporary intent.

Remaining past the I-94 date without a timely extension can mean unlawful presence under INA § 212(a)(9) and removability under INA § 237(a)(1)(C). A student whose status may already have lapsed should not travel without an individualized legal assessment. A routine travel signature or new I-20 cannot fix that problem.


The Bottom Line


Finish the I-94 review, document audit, SEVIS confirmation, and travel-signature check before buying nonrefundable tickets. Families with questions regarding US student visas, US Preclearance Border, or regular US Border issues may contact our office to schedule a consultation.


Disclaimer: This column is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Re-entry decisions are made by CBP at the port of entry. Individual assessment is required where status violations, pending applications, expired documents, prior refusals, arrests, unlawful presence, or changes in program activity are present.

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