Final Rule FAQs

Certain nonimmigrants – specifically those in J categories – are admitted to the United States for “duration of status” (D/S) rather than until a fixed calendar date. This includes: 

• J-1 exchange visitors (students and scholars) and J-2 dependents 
• Individuals admitted under D/S have an I-94 record indicating “D/S” as the Admit Until Date (AUD), meaning they may remain in the United States as long as they maintain valid immigration status and comply with the terms of their program, as documented on the DS-2019 (for J status). 

Historically, D/S tasked sponsoring institutions, like Ohio State, with the responsibility of administrating federal immigration extensions when more time was needed towards an Exchange Visitor’s program, provided the request met federal eligibility requirements. When designated institutional officials approved a J extension, the government honored the additional time requested as though they had adjudicated the decision.

• All J exchange visitors who enter the United States on or after the effective date of September 15, 2026, will receive a maximum of four years or the length of the program (based on the program end date listed on their DS-2019), whichever is shorter. 
• The Admit Until Date (AUD) will be listed on the I-94. This "Admit Until Date" (AUD) will be limited to the program end date noted on their DS-2019, not to exceed four years, plus a period of 30 days following their program end date. 
• An Admit Until Date (AUD) may be separate from the maximum time permitted by an exchange visitor’s category. See the question Can I extend my program to five years? below for more information.

• The rule goes into effect 60 days from when it was published in the federal register – which is September 15, 2026 – unless reversed by subsequent DHS notice in the federal register, delayed by litigation or congressional review.

• Yes, J-1 scholars who are currently in the United States will also be impacted by the duration of status rule. Most directly, impacts will be felt surrounding extensions, transfers or international travel. 
• Scholars who are currently inside the United States were admitted under duration of status (D/S). Unsure? You may check that your current I-94 lists D/S as the admit until date. This allows scholars who are currently inside the United States to continue engaging in their J-1 programs until the end date listed on their DS-2019. 
• If scholars wish to extend their J-1 program, then they will need an extended DS-2019 issued by the Office of International Affairs. 

In addition to the DS-2019, scholars will need to either apply for an extension of status with USCIS or travel internationally and re-enter the United States. (Please see How can I extend my J-1 program? below). Once the government approves the extension, D/S will be changed to a fixed end date on the I-94. The fixed end date will be based on your DS-2019 end date (not to exceed four years plus a 30-day grace period).

• Scholars currently outside of the United States who enter on or after September 15, 2026 will be issued an I-94 with a fixed end date. 
• For most scholars, the new I-94 end date will be based on the DS-2019 end date, not to exceed four years, plus a 30-day grace period. 
• The total time permitted for J-1 research scholars and J-1 professors has not changed; however, additional action will be required by the J-1 scholar to initiate governmental review (either through international travel or USCIS adjudication) to receive the full five years permitted by law.
• This change will also affect a J-1 scholar’s J-2 dependents and may extend to J-2 work authorization.

• You can access your I-94 through the Customs & Border Protection (CBP) website. You must check your I-94 after every entry into the United States to verify that the information is correct. Make sure your admission category and expiration date are correct and keep a copy for your records.
• The “admit until date” (AUD) should be your program end date (up to four years) plus a 30-day grace period. 
• If you apply for an extension of status with USCIS, then you will receive an I-797 receipt notice. USCIS will review your application and determine whether to authorize a new period of stay for the additional time. If approved, then USCIS will issue an I-797 approval notice with a new I-94 on the bottom of the form. 

• Remaining in the United States after your I-94 expires may result in: 
  • Loss of lawful status and accrual of unlawful presence  
    • Loss of employment authorization 
    • Difficulty obtaining future U.S. visas  
    • Possible removal proceedings  
    • Problems returning to the United States  
  • It is essential that you are aware and keep track of your J-1 program end date (listed on your DS-2019) and your I-94 admit until date. 
  • Your I-94 end date may be different from your DS-2019 end date.
    • When re-entering the United States, Customs and Border Protection (CBP) will normally look at the DS-2019 end date to determine your I-94 end date (AUD). The CBP officer will use the DS-2019 end date, plus 30 days, to determine the I-94 end date. Please note that the I-94 end date will likely be different than the DS-2019 end date. 
    • The DS-2019 end date controls the dates of the J-1 program. The I-94 end date controls your presence in the United States. Scholars must be aware of both dates and keep track of their expiration.
    • The I-94 end date for J-2 dependents may differ from the J-1 exchange visitor’s. Each person is responsible for being aware of their personal immigration deadlines.
  • What do I do if my I-94 end date is different from my DS-2019 end date?
    • Scholars will need to provide a copy of their I-94 to the Office of International Affairs. 
    • Your I-94 end date may be different than your DS-2019 end date. If the scholar believes an error was made on the I-94, they should contact the Office of International Affairs for questions or contact the U.S. Customs and Border Protection office in Columbus (call 614-497-1865) or submit a question to the CBP Information Center to request a correction to the I-94 record. 

• As a J-1 scholar, you must be aware and keep track of both your DS-2019 program end date and your I-94 Admit Until Date (expiration date).
  • The DS-2019 no longer solely controls the length of time you can be physically present in the United States. Your I-94 Admit Until Date will determine your period of authorized stay in the United States while your DS-2019 reflects the details of your J-1 Exchange Visitor Program.
  • As of September 15, 2026, J-1 scholars may need to file an extension of status request with USCIS prior to the end of the period of authorized stay or travel internationally for government review.
  • If you need to extend your J-1 program, then please follow these steps:
    • Your host department must initiate a J-1 extension request through HR Connection. The human resources consultant will submit the request on your behalf. The intake process is handled by HR talent immigration. 
      • During the intake process, you will receive an email invitation to complete the J-1 scholar extension e-form in IntBuckeye. Once completed, the request will be assigned to the Office of International Affairs.  
    • The Office of International Affairs will review the request for eligibility and issue the extended DS-2019. An extended DS-2019 is required to file to proceed with next steps (i.e., governmental review processes).
      • Scholars should be prepared to demonstrate evidence of your continued ability to meet or exceed the minimum financial support required for your J-1 program. See the J-1 funding web page for more details. 
      • Scholars will file Form I-539 and pay a filing fee to USCIS. Scholars may also travel internationally using the new DS-2019 with a valid travel signature and J-1/J-2 visa to re-enter the United States and reset the I-94 end date. 
      • Please note that J-2 dependents must also file an extension of status request with USCIS or travel internationally using the new DS-2019/valid visa/travel signature to extend the time on their I-94
      • If choosing the USCIS option, J-2 dependents must file Form I-539A. This form is a supplement to the I-539 application for the J-1 scholar. Each dependent, spouse and/or children must submit their own Form I-539A with the extension application. 
        • For example, if you have a J-2 spouse and child, then you must file a Form I-539A for your spouse and a Form I-539A for your child. 
    • The Office of International Affairs recommends including a support letter from your supervisor/PI in the extension application. The letter from your supervisor should include details about your role at The Ohio State University and explain the need for the J-1 program extension. 
    • Scholars will receive an I-797 receipt notice from USCIS after submitting the I-539 form(s). Please note: communications from USCIS cannot be forwarded and will be mailed by U.S. Postal Service to the address used on Form I-539. You may track the status of the submitted I-539 via USCIS’ Online Case Status Tool.
    • USCIS will review your application and determine whether to authorize a new period of stay for the additional time. If approved, then USCIS will issue an I-797 approval notice with a new I-94 on the bottom of the form. This new I-94 will reflect your new Admit Unit Date (AUD).
  • Per current federal guidance, J-1s who have properly and timely filed an extension of status may engage in activities consistent with the terms and conditions of their exchange visitor program while the extension request is pending, up to 240 days.
  • In order to be considered timely filed, the petition must be received by USCIS prior to the DS-2019 end date (or I-94 end date, if that is earlier). 
  • Human resources will use the I-539 receipt notice to extend your work authorization in Workday and recertify your I-9 employment verification.
  • An extension of status request can be filed up to 180 days prior to the DS-2019 end date. The Office of International Affairs recommends host departments initiate the J-1 extension request six to nine months prior to the DS-2019 end date.

• International Affairs will provide additional information on this topic in the future. Meanwhile, here is some basic information to help familiarize you with the I-539 Form. 
  • The Form I-539 is a personal application.
    • The I-539 application can be filed online or through the mail. 
    • Scholars should check the USCIS website for current filing fees, form editions and filing instructions. J-1 scholars and their dependents are responsible for paying the filing fees. 
    • The Office of International Affairs does not prepare I-539 applications for scholars or legally represent them in the filing.

• Yes. The immigration regulations remain the same for maximum program durations and host units can initiate extension requests up to the five-year maximum and issue the extended DS-2019. 
  •  J-1 program maximum durations remain the same:
    • Research scholars and professors: five years
      • Based on current guidance, the Office of International Affairs recommends filing a Form I-539: extension of status with USCIS to request the fifth year of the J-1 program. 
      • The D/S rule limits the I-94 admission period to four years, plus a 30-day grace period. If a scholar has a five-year DS-2019, then they may need to file an extension of status request at a later date. The Office of International Affairs anticipates receiving additional information and guidance in the coming weeks. 

• Yes. The U.S. federal government will use its discretion to determine your eligibility for an extension of J-1 status. U.S. Citizenship and Immigration Services (USCIS) is now the adjudicator of J-1 program extension requests in country.  Your J-1 program eligibility will be reviewed by both the U.S. Department of Homeland Security and U.S. Department of State. U.S. Customs and Border Protection (CBP) and/or the U.S. Embassy/Consulate) is now the adjudicator of J-1 program extension requests when you are outside the United States.
  • In country denials: If your extension of status application is denied and the period of authorized stay on your I-94 has expired, then you must stop participating in the J-1 program and depart the United States. 
  • Out of country denials: If you are not permitted to enter the United States or your J-1/J-2 visa is denied at the U.S. Embassy/Consulate, then you will need to contact the Office of International Affairs, your faculty host/supervisor and your local human resources professional. 

• Unfortunately, the Office of International Affairs cannot address all possible scenarios for our J-1 scholars.
  • When the Form I-539 is filed with USCIS, the agency will be able to see all pending applications for the scholar. Since the Form I-539 is a personal application, the Office of International Affairs strongly recommends consulting an immigration attorney for case-specific questions.

• Maintaining your J-1 status and following immigration regulations is critical. 
  • You must continue to:
    • Participate in the J-1 program activity as listed on the DS-2019. 
    • Enroll in/maintain health insurance coverage for the duration of the program.
    • Report changes in U.S. residential address to the Office of International Affairs within 10 days.
    • Follow all school and immigration requirements.
  • Failure to maintain status can have immediate immigration consequences. 
  • Any questions regarding maintenance of status should be addressed to the international scholar team at the Office of International Affairs at iss@osu.edu. Scholars can also schedule an advising appointment to discuss their questions or concerns. 

• Yes, J-1 scholars can still travel internationally. 
  • As of September 15, 2026, if you enter the United States for the first time or travel internationally, then you will receive an I-94 with a fixed end date (admit until date). 
  • For international travel, the Office of International Affairs recommends having an I-94 that either lists D/S or is valid throughout your travel and return. 
  • A valid J-1/J-2 Travel Signature on the DS-2019 remains required for re-entry to the United States, along with a valid J-1/J-2 visa obtained from a U.S. Embassy/Consulate.

• If you depart the United States while your extension of status application is still pending, then your eligibility to re-enter the United States depends on your DS-2019. Your admission to the United States will be determined by U.S. Customs and Border Protection (CBP) based on the documentation presented at the time of entry (either at an airport or land-border crossing). 
• If you leave the United States while the application is pending and before your current DS-2019 expires, below are two options:
  • Seek admission using the extended DS-2019.
    • You may be admitted up to the program end date listed on the extended DS-2019, provided you have a valid J-1/J-2 visa and passport at least 6-months into the future. 
    • The DS-2019 document must be valid, active in SEVIS and have an unexpired travel signature from a Responsible Officer (RO) or an Alternate Responsible Officer (ARO). 
    • You may be admitted up to the most recent DS-2019 end date, not to exceed four years plus a 30-day grace period. 
  • Seek admission using the previous DS-2019.
    • You may be admitted up to the program end date listed on the previously issued DS-2019. Please note that your period of authorized stay may be limited to its end date. 
    • The document must be valid, active in SEVIS and have a travel signature from a Responsible Officer (RO) or an Alternate Responsible Officer (ARO).
    • Scholars can also schedule an advising appointment to discuss their questions or concerns regarding international travel.
  • If you depart the United States after your extension of status application is approved, you may be admitted up to the program end date listed on your extended DS-2019, not to exceed four years plus a 30-day grace period. 
  • Before leaving the United States, make sure you have:
    • A valid passport (valid up to six months into the future)
    • A valid visa stamp (if required) 
    • A current travel signature on your DS-2019 
    • An I-94 that will remain valid throughout your travel and return

• Yes. Under the new rule, J-1 program transfers are still permitted.
  • J-1 scholars may begin their program at the new sponsor pursuant to the new DS-2019. Please note that if the DS-2019 has a new end date, then the scholar must file an I-539: extension of status application with USCIS. The scholar should include the previous DS-2019 and the new DS-2019 from the new sponsor. 
  • J-1 scholars should transfer their program prior to the end date of the current DS-2019. This will allow the scholar to transfer to the new sponsor and submit a timely filed extension of status application with USCIS. 
  • The Office of International Affairs recommends that scholars schedule an advising appointment to discuss the transfer process. 

• The duration of status rule also applies to J-2 dependents (spouses and children under 21 years of age).
• Under this new rule, J-2 Dependents will also be issued an I-94 with a fixed end date. The I-94 end date will be based on the J-1 DS-2019 end date.
• J-2 dependents must also file an extension of status request with USCIS. J-2 dependents must file an I-539A – as a supplement to the I-539 application for the J-1 scholar. Each dependent, spouse and/or children, must submit their own Form I-539A with the extension application. 
  • For example, if you have a J-2 spouse and child, then you must file a Form I-539A for your spouse and a Form I-539A for your child. 
• J-2 dependents are still eligible for employment authorization in the United States. J-2 dependents can file a Form I-765 with USCIS to request an employment authorization document (EAD card).
  • Unlike J-1 scholars, J-2 dependents are not eligible for an automatic extension of employment authorization. Once the EAD card expires, J-2 dependents must wait for Form I-765 to be approved by USCIS and the new EAD card to arrive from USCIS to resume working.
  • The Form I-765 EAD extension is not eligible for premium processing. The Office of International Affairs recommends filing the extension request as early as possible, up to 180 days before the current EAD card expires.