Federal Immigration Regulation Changes
The U.S. government has changed how F‑1 and J‑1 students are admitted to the United States. These changes affect how long you may stay, when you must apply for extensions, and how travel impacts your status.
Please read carefully and contact ISS if you are unsure how these rules apply to you.
What Has Changed: Duration of Status (D/S) Is Ending
Previously, most F‑1 and J‑1 students were admitted for Duration of Status (D/S).
This is no longer the standard.
Now:
- F‑1 and J‑1 students are admitted for a fixed period of time
- Your stay has a specific end date
- That date is listed on your Form I‑94 as “Admit Until”
Your I‑94 “Admit Until” date now determines how long you may remain in the U.S.
Your I‑94 Is Now the Most Important Document
You must check your I‑94 every time you enter the U.S.
- The “Admit Until” date is your authorized stay
- Staying past this date without approval is a status violation
- Email your I‑94 to iss@mso.umt.edu after every entry
- To retreive your most recent I-94, visit the I-94/I-95 Website maintained by U.S. Customs and Border Protection, click "Get Most Recent I-94/I-95" and enter your passport biographical details
You do not automatically receive 4 years.
Maximum Length of Stay
- The maximum admission period is 4 years
- Shorter programs receive shorter admission periods
- Time is based on your I‑20 or DS‑2019 program dates
You may receive:
- Up to 30 days before your program start date (early entry)
- A 30‑day grace period after your program end date
These two 30‑day periods do not count toward the 4‑year limit
Important Change: Grace Periods
- F‑1 grace period: 30 days (previously 60)
- J‑1 grace period: 30 days
You must leave the U.S. or file an application before your grace period ends.
If You Finish Your Program Early
If you complete your degree before your original program end date:
- Your I‑20 or DS‑2019 will be shortened
- Your 30‑day grace period begins immediately
- You cannot stay until the I‑94 date if your program has ended
You must:
- Depart the U.S., or
- File an Extension of Stay (Form I‑539), or
- File a Change of Status
Extending Your Stay (Form I‑539)
You must file an Extension of Stay with USCIS if:
- You need more time to finish your program
- Your I‑94 will expire before OPT, STEM OPT, or a new program begins
- Your new program extends beyond your current I‑94 end date
Key Rules:
- File before your I‑94 expires
- USCIS approval is required
- Extensions are not automatic
If denied, you may be out of status immediately
Travel While an Application Is Pending
Travel can affect your status.
Extension of Stay (I‑539)
- Traveling does not automatically cancel a pending extension
- You must still respond to USCIS Requests for Evidence (RFEs)
- Failure to respond may result in denial
Your extension will be considered abandoned if:
- You leave the U.S.
- Your original admission expires while you are abroad
- You re‑enter with a new admission period
In this case, the new I‑94 controls your stay
OPT and STEM OPT Applications
- Leaving the U.S. does not cancel an OPT or STEM OPT application
- USCIS will continue processing it
- Your EAD cannot extend beyond your I‑94 end date
Re‑entry for OPT/STEM OPT
You may be admitted until:
- The EAD end date, or
- The DSO‑recommended OPT end date
(whichever is later), plus 30 days
Carry your I‑797 receipt notice if your application is pending.
Re‑Entering the United States
Each time you enter the U.S.:
- CBP sets a new “Admit Until” date
- You do not automatically receive 4 years
- Your admission is based on:
- Program dates, or
- EAD end date, or
- Approved extension (if applicable)
Always check your new I‑94.
Transition Rules for Students Previously Admitted for D/S
These rules only apply if:
- You were inside the U.S. when the rule took effect, and
- Your I‑94 still shows D/S
If eligible, you may remain until:
- Your program or EAD end date, or
- 4 years from the rule’s effective date
(whichever comes first)
Grace periods under transition rules:
- F‑1: 60 days
- J‑1: 30 days
Travel ends D/S eligibility.
After travel, you will receive a fixed I‑94 end date.
Educational Level Limits
You may only move upward in degree level:
✅ Associate → Bachelor’s → Master’s → Doctoral
❌ Same‑level or lower‑level programs are not allowed
Examples:
- ❌ Second Bachelor’s after completing one
- ❌ Second Master’s after completing one
- ✅ Master’s after Bachelor’s
- ✅ Doctorate after Master’s
Graduate Student Restrictions
Graduate students may not:
- Change majors
- Transfer schools
- Change objectives
during the same graduate program
Changes are only allowed:
- After completing a Master’s degree
- When moving to a Doctoral program
- With an approved Extension of Stay
Undergraduate Restrictions
Undergraduate students:
- Must complete one academic year before transferring or changing majors
- Must maintain valid F‑1 status
- Must meet timing and academic requirements
Extensions are required if the new program exceeds your I‑94 end date.
When You Must Contact ISS
Contact ISS before taking action if you:
- Need more time to finish your program
- Plan to apply for OPT or STEM OPT
- Are considering travel
- Are transferring schools
- Are changing degree levels
Early planning is essential.
Key Reminders
✅ Your I‑94 “Admit Until” date controls your stay
✅ File extensions before your stay expires
✅ Travel can reset your admission period
✅ USCIS—not the university—makes final decisions
All questions regarding immigration policy changes or updates should be directed to: iss@mso.umt.edu