Update on Duration of Status Final Rule

We write to provide an update on the duration of status regulation that goes into effect on Tuesday, September 15, 2026.   

Since this regulation takes effect after the first day of classes at Middlebury, we anticipate that most F-1 and J-1 visa students will have entered the US before the effective date and therefore should not be affected immediately by the new admission procedures.  However, if you are currently not in the U.S. and expect to arrive after the start of the fall semester (Monday, September 14), you will be admitted under the new regulations and receive a new I-94 with a fixed period of admission. As always, we strongly encourage all students to arrive in the U.S. by the first day of classes to ensure a successful start to the fall semester.  

ISSS has created a webpage dedicated to this new regulation and will update it regularly as new information becomes available. We encourage students and scholars to check the page frequently for reference to questions you may have. The webpage is linked here and outlines our communication plan as well as important updates.

Key regulation changes to be aware of:  

• F and J visa holders will be admitted to the United States until their program end date listed on their Form I-20 or DS-2019, not to exceed 4 years, whichever is earlier. 
• Students and scholars who need additional time past the Admit Until Date (AUD) will need to apply for an Extension of Stay (EOS) using Form I-539 through USCIS, which has an additional fee. 
• The grace period after the completion of a program for F-1 students will be reduced from 60 days to 30 days for students admitted under the new rule. Those on a J-1 visa will retain the same 30-day grace period as has been the current policy.  
• Within the first year of study, students below the graduate level will not be permitted to transfer schools or change educational objectives (defined as “educational level or major”).  
• Graduate students will not be permitted to change their educational objectives or transfer to a different institution while in the United States. 
• Students wishing to pursue another degree in the U.S. must do so at a higher education level than the previously earned degree. 
• F-1 students applying for OPT or STEM OPT will need to file both Form I-765 for employment authorization and Form I-539 for extension of stay. *There is a 6-month transition period which is granted after the rule takes effect for those seeking to apply for OPT. Eligibility may vary depending on each student’s situation; we will provide further guidance to those graduating this year soon. Please note that we will prioritize questions from students graduating Dec, Feb, May 26/27, as this will impact them first.  

*Given the complexity of this regulation change, the information provided is intended as a general overview. Further details regarding specific implementation timelines, policies, and procedural steps are under review and will be shared to those specifically impacted as guidance becomes available from the Department of Homeland Security.  

Again, we recommend you visit our End of Duration of Status Updates for further information. We will have an “updated on” date on the page. Please see that date for when we last made a change.  

We appreciate your patience as we review this significant and nuanced regulatory change. Throughout the fall semester, ISSS will provide updates by hosting webinars and in-person meetings, 1:1 advising meetings, and through email.