Final Rule Regarding Authorized Stay for F-1 and J-1 Status Holders
July 17, 2026: the Department of Homeland Security (DHS) published a final rule that replaces the longstanding “duration of status” (D/S) policy for international students (F status), and exchange visitors (J status), and their dependents with a new policy that sets a finite expiration date for their authorized stay.
The rule is scheduled to take effect 60 days from publication in the Federal Register (September 15, 2026). DHS notes that the rule has been classified as a “major rule” subject to congressional review. In the event that Congress elects to alter the regulation, DHS will publish a notice in the Federal Register.
After the effective date, F and J nonimmigrants will be granted a fixed period of stay, and like other nonimmigrants, they will be required to apply for an extension of stay if they need more time to complete their program, employment, or assignment. They will begin to accrue unlawful presence immediately after their admission period expires, unless they timely file for an extension.
The regulation will apply to all F and J nonimmigrants. The final rule contains transition provisions for students whose most recent entry to the US is before the effective date
of the regulation, as discussed further below.
The new F and J admission periods are as follows:
- F-1s and their dependents: F-1 principals and their dependents will generally be admitted for up to the length of the principal’s program, including any periods of post-completion practical training, not to exceed four years, plus a 30-day grace period (reduced from the previous 60-day grace period). Special rules will apply to students enrolled in English language programs or attending public high school and border commuter students, who will be limited to shorter admission periods.
- J-1s and their dependents: J-1 principals and their dependents will be admitted for up to the length of the principal’s program, not to exceed four years, plus a 30-day grace period.
Extensions of stay required
If F and J nonimmigrants require additional time beyond their defined fixed admission period for any reason – whether to extend their program or employment, transfer schools, undertake a new degree program, or undertake or extend post-completion OPT – they will need to apply for an extension of stay with USCIS and may be required to complete biometrics screening. Under special transition rules, however, existing F-1s who have a pending application for post-completion Optional Practical Training (OPT) or STEM OPT employment authorization when the regulation takes effect, or who file such an application within six months of the regulation’s effective date, will not be required to file a separate extension of F-1 status.
The rules governing the duration of approved extensions mirror the rules above for the initial admission periods. In order for an extension of F-1 or J-1 status to be approved, the nonimmigrant will need to present either a currently issued Form I-20 or DS-2019 indicating that additional time is needed to complete their program or documentation demonstrating compelling academic reasons (e.g., change of major or research topic, unexpected research problems, etc.); illness; or other circumstances beyond the nonimmigrant’s control (e.g., natural disaster, national health crisis, closure of institution).
Accrual of unlawful presence
The regulation also results in a change to current policies on how and when F and J nonimmigrants begin accruing unlawful presence, for purposes of the three- and ten-year bars applicable to nonimmigrants who have been unlawfully present in the United States for over 180 days or over one year.
Under longstanding policy, F and J nonimmigrants were only considered to begin accruing unlawful presence if USCIS or an immigration judge formally found that the individual had violated their nonimmigrant status. Under the new rule, however, F and J nonimmigrants will generally begin accruing unlawful presence as soon as their specified admission period expires, as is currently the case for other nonimmigrant categories.
Transitional rules for those admitted for duration of status before the effective date of the final regulation
The final rule contains special transition provisions for the treatment of F or J nonimmigrants who were admitted for duration of status prior to the effective date of the rule and who are present in the United States in valid F or J status when the rule takes effect.
In general, nonimmigrants in F or J status on the effective date of the rule will be authorized to remain in the United States until the later of the end date of their existing I-20 or DS-2019 or the expiration date of any OPT Employment Authorization Document (EAD), but not to exceed four years from the effective date of the rule, plus a grace period of 60 days for F-1 and 30 days for J-1.
If a nonimmigrant requires additional time, beyond the admission period specified in the transition rules, they would be required to apply for an extension of stay pursuant to the new rules.
Other changes to the F and J Programs
In addition to imposing finite admission periods for F and J nonimmigrants, the new regulation makes the following additional changes to these programs:
- Shorter grace periods for F-1s: The final rule replaces the current 60-day grace period for F-1s with a 30-day grace period. The grace period is available so that students can prepare to depart the United States or apply for an extension or change of status, following the completion of their educational program or practical training.
- Restrictions on F-1s changing programs and majors: Under the new regulation, F-1 undergraduates are prohibited from changing programs, majors, or education levels within the first year of their program, unless ICE’s Student and Exchange Visitor Program (SEVP) allows an exception for extenuating circumstances (e.g., school closure, a prolonged inability to hold classes due to a natural disaster, or a need to change schools to complete elementary or secondary education). In addition, the regulation precludes F-1 graduate students from changing programs, majors, or educational levels, though transfers may be permitted in extenuating circumstances. If a any student completes a program at a particular level, they will not be eligible for F-1 status to undertake a program at the same level or a lower level.
- International travel while extension pending: Depending on the type of documentation presented at the port of entry, F and J nonimmigrant who travel while an extension is pending may either be readmitted for the balance left on their previous admission period, or for the extended period requested on the pending extension application. In the former scenario, the pending extension will not be considered abandoned due to travel, but in the latter scenario, the pending extension request will be deemed abandoned as no longer necessary.
- International travel while change of status pending: The final rule codifies DHS’s longstanding policy that a change of status application will be deemed abandoned if the nonimmigrant travels outside the United States while the application is pending.
H-1B Restrictions:
- Jan. 1, 2026: USCIS Updated Policy Memorandum
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Processing Hold on All Benefit Requests: USCIS will place a hold on the final adjudication of all pending immigration benefit requests filed by or on behalf of individuals connected to countries designated as “high-risk” under Presidential Proclamations
10949 and
10998. This hold applies regardless of the individual’s date of entry to the United States.
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Re-review of Approved Benefits: USCIS will conduct a re-review of approved benefit requests implicated in PP 10998 that were approved on or after January 20, 2021. These cases may require additional screening, interviews, and re-interviews.
- Asylum Applications Still Paused: USCIS continues to pause processing of all Form I-589 asylum applications, regardless of country of citizenship or birth.
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This memo immediately places an adjudicative hold on all pending and any future USCIS benefit applications filed by or on behalf of individuals connected to additional “high-risk countries” newly designated under Presidential Proclamation (PP) 10998.
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Although the December 2nd memo specified certain forms (without excluding other immigration benefits), this new memo makes clear that the pause applies to the adjudication of all benefit applications. This would mean common application types such as Form I-129, Form I-140, Form I-539, and Form I-765 that are filed by or on behalf of our students and scholars for temporary work authorizations (such as OPT or STEM OPT, or J-2 EAD), for acquiring H-1B status, changing status to a different non-immigrant status, or employment-based or self-petition green card applications will all be affected.
- The hold applies regardless of date of entry and allows cases to be processed only up to—but not including—final adjudication.
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The pause, re-review, and re-interview also affect individuals who were born in any of the listed “high-risk countries” (see full list below), regardless of whether these individuals hold a different nationality now.
- Individuals whose country of citizenship, country of birth, or citizenship-by-investment is listed in PP 10998 are affected. Impacted individuals are those born in, nationals of, or carrying travel documents from:
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Afghanistan
- Angola
- Antigua and Barbuda
- Benin
- Burkina Faso
- Burma (Myanmar)
- Burundi
- Chad
- Congo-Brazzaville (The Republic of the Congo)
- Côte d'Ivoire
- Cuba
- Dominica
- Equatorial Guinea
- Eritrea
- Gabon
- The Gambia
- Haiti
- Iran
- Laos
- Libya
- Malawi
- Mali
- Mauritania
- Niger
- Nigeria
- Palestinian Authority
- Senegal
- Sierra Leone
- Somalia
- South Sudan
- Sudan
- Syria
- Tanzania
- Togo
- Tonga
- Venezuela
- Yemen
- Zambia
- Zimbabwe
- Within 90 days of this memo (by April 1st), USCIS will prioritize a list for review, interview, and re-interview.
- USCIS explicitly acknowledges that this will cause processing delays but states they are necessary to protect national security.
- The hold remains in place until affirmatively lifted or modified by USCIS leadership.
- Dec. 15, 2025: Starting Dec. 15, H-1B visa applicants will undergo a review of their online presence as part of their visa application process at U.S. consulates abroad, according to a State Department announcement.
- These applicants will be required to set their social media accounts to “public” and undergo State Department scrutiny of their social media content and activity, and of any other online presence.
- The agency announcement does not provide details on the standard to be applied in the review, but it is expected that if an applicant’s online presence is found to contain information perceived by the government as derogatory, more extensive security screening may be triggered, resulting in increased delays and possible visa refusal.
- An online presence review has been in place for F and J visa applicants since late June 2025; expansion to include the H-1B category is the first extension of the policy.
- The vetting standards also mean that applicants may face an increased likelihood of being flagged for lengthy background checks and longer waits for visa issuance and delays in entering the United States.
- Sept. 26, 2025: It appears the proclamation only applies to new H-1B petitions filed outside the U.S., and the individual needs a visa to enter the United States. Further guidance will be issued by USCIS in the near future.
- Sept. 19, 2025: President Trump issued a proclamation, "Restriction on Entry of Certain Nonimmigrant Workers," that temporarily halts the processing of H-1B petitions for individuals outside the U.S. unless a fee of $100,000.00 is paid to the government per sponsored individual.
- The Department of Homeland Security may grant waivers of the fee for individuals, companies or entire industries where it is in the national interest and not a threat to U.S. security or welfare. No further guidance is available on the parameters for such waivers or how to apply for them.
- The proclamation takes effect September 21, 2025, at 12:01 a.m. Eastern Time and is scheduled to last for 12 months, unless extended.
- The proclamation only applies to new H-1B petitions filed on or after September 21, 2025. USCIS issued a memo Sept. 20 clarifying the scope and those affected by the Proclamation. It does not apply to H-1B holders who are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved H-1B petitions or are in possession of validly issued H-1B non-immigrant visa. The proclamation does not impact the ability of any current H-1B visa holder to travel to or from the United States.
Travel Restrictions:
- Jan. 14, 2026: The U.S. Department of State has announced that the agency will indefinitely suspend immigrant visa processing for applicants from 75 countries, as the agency reassesses its review procedures for determining whether a visa applicant is inadmissible based on public charge grounds, which requires assessing whether the applicant is likely to depend on the U.S. government for financial assistance at any time in the future. This is only applicable for those requesting an immigration visa for a green card. It is not applicable to those in H-1B, O-1, J-1, or F-1 (nonimmigrant) status.
- Dec. 16, 2025: The president has issued a presidential proclamation that expands and revises his June travel ban proclamation, imposing visa restrictions on nationals of a new set of countries as well as continuing or modifying restrictions for existing travel ban countries. The new travel ban will become effective at 12:01 a.m. ET on Jan. 1, 2026. As with the June travel ban, no nonimmigrant or immigrant visa issued before the effective date of the proclamation will be revoked as a result of the new ban. There are various exceptions that may apply to nationals of any affected country.
- The proclamation suspends both immigrant and nonimmigrant visa issuance for a total of 19 countries (increased from 12 countries subject to full suspension under the June travel ban), as well as for those traveling on Palestinian Authority-issued travel documents. For another 19 countries, the proclamation suspends issuance of immigrant visas and only B, F and J nonimmigrant visas (increased from seven countries being partially suspended under the June travel ban).
- The proclamation adds seven countries to the existing 12 countries whose nationals are barred from both immigrant and nonimmigrant visa issuance. The initial 12 countries with continued full visa restrictions are Afghanistan, Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan and Yemen.
- The recent proclamation adds the following seven countries to the full restriction list:
- Burkina Faso
- Laos (previously on the June travel ban “partially restricted” list)
- Mali
- Niger
- Sierra Leone (previously on the June travel ban “partially restricted” list)
- South Sudan
- Syria
- In addition, foreign nationals who seek to travel to the United States using Palestinian Authority-issued or endorsed travel documents will not be issued a U.S. nonimmigrant or immigrant visa under the new proclamation, unless eligible for an exception.
- For countries subject to partial restrictions, the new proclamation suspends immigrant visa issuance, as well as nonimmigrant visa issuance in only the B, F and J visa classifications for temporary visitors, students and exchange visitors, which include the following 19 countries:
- Angola
- Antigua and Barbuda
- Benin
- Burundi (remains on the partial restriction list from the June travel ban)
- Cote d’Ivoire
- Cuba (remains on the partial restriction list from the June travel ban)
- Dominica
- Gabon
- The Gambia
- Malawi
- Mauritania
- Nigeria
- Senegal
- Tanzania
- Togo (remains on the partial restriction list from the June travel ban)
- Tonga
- Venezuela (remains on the partial restriction list from the June travel ban)
- Zambia
- Zimbabwe
- By its terms, and subject to certain exceptions listed below, the revised travel ban proclamation applies only to nationals of the above countries who:
- Are outside of the United States on January 1, 2026; and
- Do not have a valid visa on January 1, 2026.
- Individuals currently holding valid visas may continue to use those visas for travel to the United States; the proclamation explicitly states that existing visas will not be revoked as a result of the proclamation. However, such individuals may be subject to enhanced screening at ports of entry and could experience delays.
- The following categories of foreign nationals are exempt from the revised travel ban’s restrictions:
- Foreign nationals who are in the United States on January 1, 2026;
- Foreign nationals who have a valid visa in any category as of January 1, 2026;
- U.S. lawful permanent residents (green card holders);
- Dual nationals of a country designated in the proclamation when the individual is traveling on a passport issued by a non-designated country;
- Those whose travel is deemed to advance a critical U.S. national interest involving the Department of Justice; and
- Those whose travel is deemed to serve the U.S. national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designee.
- National interest exceptions under the proclamation are expected to be extremely rare. As with the June travel ban, the new proclamation does not apply to anyone who has been granted asylum or to refugees already admitted to the United States.
- June 4, 2025: President Trump signed a presidential proclamation limiting visa issuance and travel to the United States. The proclamation imposes visa and travel restrictions on the nationals of 19 countries, with an effective date of 12:01 am ET on June 9, 2025. This country-based proclamation suspends both immigrant and nonimmigrant visa issuance for 12 of the affected countries; for the remaining seven countries, it suspends issuance of immigrant visas and only B, F, M and J nonimmigrant visas. There are also various exceptions that may apply to nationals of any affected country, and importantly, no nonimmigrant or immigrant visa that was issued before June 9 will be revoked as a result of the new ban.
- The country-based proclamation suspends both immigrant and nonimmigrant visa issuance to the United States for individuals of the following 12 countries:
- Afghanistan
- Burma
- Chad
- Republic of Congo
- Equatorial Guinea
- Eritrea
- Haiti
- Iran
- Libya
- Somalia
- Sudan
- Yemen
- For nationals of the following countries, the proclamation suspends immigrant visa issuance, as well as nonimmigrant visa issuance in the B-1, B-2, F, M and J visa classifications:
- Burundi
- Cuba
- Laos
- Sierra Leone
- Togo
- Turkmenistan
- Venezuela
Travel Considerations
Individuals from the affected countries above should determine whether they are subject to the new restrictions, with the help of an outside attorney where appropriate. To the extent possible, those affected by the restrictions should return to the United States prior to June 9, when the proclamation takes effect and not travel outside the U.S. The Department of State is expected to issue guidance on the bans, including implementation details and procedures for seeking review under the stated exceptions.
The university encourages all community members to carefully consider the complexities of the current policy landscape and potential future policy changes that could impact re-entry to the U.S. If traveling, please keep in mind the following information.
- U.S. Customs and Border Protection screenings: All international travelers are subject to inspection by U.S. Customs and Border Protection (CBP) when arriving at both air and land ports of entry. CBP will screen travelers to determine whether they are “admissible.”
- CBP officers may question you about your travel, inspect your personal belongings and electronic devices.
- In some cases, they may request access to your social media accounts or copy data from your devices.
- Travelers, including U.S. citizens, have limited constitutional protections (e.g., privacy and due process, including right to legal counsel) during these inspections.
- Refusal to cooperate may result in delays, seizure of devices, and for non-U.S. citizens, denial of entry.
- UK Travel Policies for university-sponsored travel: https://international.uky.edu/ihss/travel-policies
Changes in Immigration Benefit Requests:
- Dec. 3, 2025: Effective immediately, U.S. Citizenship and Immigration Services (USCIS) is placing a processing hold on all pending immigration benefit requests for applicants who are citizens of or were born in one of the 19 countries listed in President Trump’s June 2025 travel ban, according to a memorandum issued by the agency today.
- Those countries are Afghanistan, Burma, Burundi, Chad, Republic of Congo, Cuba, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Sierra Leone, Somalia, Sudan, Togo, Turkmenistan, Venezuela and Yemen.
- The agency is also re-reviewing approved immigration benefits for foreign nationals from the travel ban countries if the foreign national entered the United States on or after January 20, 2021.
- According to USCIS, the focus of these re-reviews will be identifying potential security or public safety threats, as well as any security-related grounds of ineligibility.
Student Visas:
- June 18, 2025: The U.S. State Department issued a statement that U.S. Consulates would soon resume scheduling visa application appointments for F-1 and J-1 students and scholars. The statement indicated that the reopening of the visa appointments should begin five days following the statement, on Monday, June 23. Consular officers will have to review social media activity for all applicants, which may result in visa issuance processing delays. Please review the announcement on expanded screening and vetting for visa applicants here.
- May 28, 2025: U.S. Secretary of State Marco Rubio released a statement on potential visa revocation for Chinese students, "including those with connections to the Chinese Communist Party or studying in critical fields." The statement also reinforces expanded scrutiny or vetting of visa applications. The university has not received any additional details or official information regarding these potential changes. Teams from across the university continue to monitor this important issue. Please find additional resources below.
- May 27, 2025: Multiple news outlets have reported that the State Department has ordered U.S. Embassies and Consulates to pause scheduling new visa interviews for F and J visa applicants, reportedly in preparation for an expansion of required social media screening and vetting. The university has not received any additional details or official information regarding these potential changes. We are monitoring this development.
- May 22, 2025: A nationwide preliminary injunction went into effect regarding previous SEVIS terminations, blocking DHS from imposing any adverse legal effect. The ruling also bars the administration from reversing reactivation of SEVIS records of individuals who are maintaining F-1 status. This remains in place pending a resolution of court proceedings.
- April, 2025: The University of Kentucky learned that the Department of Homeland Security (DHS) revoked the F-1 student visas and/or status for a small number of international graduate students at UK. A number of universities across the nation reported similar news.
- University officials immediately reached out to impacted students to provide information and support. We recognize the impact visa and/or status revocation has on our students and the many questions this surfaces.
- Several weeks later, the university learned that this decision was reversed for those students and their status was restored. University officials again immediately informed impacted students and committed to keeping them informed should there be any additional changes.
- Teams from across the university continue to monitor any potential changes to student visas.
- International students should reach out to International Student and Scholar Services with immigration-related questions or concerns.
- UK’s Center for Support and Intervention also provides support to any student experiencing circumstances impacting their personal, physical or emotional well-being.
Homeland Security Screening Social Media Activity of Noncitizens:
- U.S. Citizenship and Immigration Services, an agency of the Department of Homeland Security, announced on April 9 that it would begin screening for "antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefit requests."
- The agency will consider content “endorsing, espousing, promoting or supporting antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity as a negative factor in any USCIS discretionary analysis when adjudicating immigration benefit requests."
- The policy affects those applying for lawful permanent resident status, international students on visas and other noncitizens affiliated with educational institutions.
- Read the full news release here.
- The university is monitoring this situation and updating this webpage with the most up-to-date information. Find additional guidance for UK international students, scholars and employees below.
