Transition Provisions for J-1 Exchange Visitors present in the U.S. on Sept 15
- What if I am already in the U.S. on September 15, 2026, does anything immediately change for me that day?
Your I-94 Arrival/Departure Record, (your admission record), is not expected to automatically change when the new rule becomes effective. Your I-94 is expected to still indicate “D/S” when you retrieve it. However, you are only authorized to remain in the U.S. until the program end date on your DS-2019 (as of September 15, 2026) or for four years if your DS-2019 is valid for more than four years (as of September 15, 2026), plus a grace period of 30 days (or until October 15, 2030). Transition provisions no longer apply to J-1 exchange visitors who exit and enter the U.S. after September 15, 2026.
I-94 and Admit Until Date (AUD)
- What is my I-94, and why is it important?
Your I-94 is the official record of your admission to the United States issued by the U.S. Customs and Border Protection (CBP). Your I-94 documents:
- Your immigration classification or status (such as F-1, J-1, etc.)
- Your port of entry to the United States
- The date you entered the United States
- How long you are authorized to stay in the United States
Under the new rule, all J-1 exchange visitors admitted to the U.S. after September 15, 2026, will be admitted until a specific date on their I-94.
- What is an AUD?
The Admit Until Date (AUD) is the date on your I-94 indicating how long you can stay in the U.S. You need to either leave the country by this date or apply for an extension of stay before it. Only exchange visitors entering the U.S. after September 15, 2026, will receive an I-94 with an AUD.
- How is the AUD calculated?
For most J-1 exchange visitors entering the U.S. after September 15, 2026, the AUD will be the shorter of the following:
- The program end date on the DS-2019 plus a 30-day grace period.
- Four years plus a 30-day grace period, if the DS-2019 program end date extends beyond four years.
Some exchange visitors may receive a truncated AUD if their passport expires before their program end date or expires before four years, whichever is shorter. Exchange visitors would need to apply for an extension of stay or leave the U.S. by the truncated date.
- What if my I-94 has an error?
If you believe your I-94 contains an error, you should contact the IC as soon as possible. Do not assume that an incorrect I-94 will automatically be corrected. You may need to submit an I-94 correction request to Customs and Border Protection (CBP). You need to take prompt action to ensure you are authorized to stay in the U.S. until the correct date.
Extension of Stay (EOS)
- How early can I apply for an extension of stay?
It is currently unclear how early an EOS application can be submitted, but language in the rule suggests it may be limited to 180 days or six months before your AUD. You will need to be able to provide all the required documentation with your EOS, including:
- Your ability to continue to satisfy the eligibility requirements applicable to your exchange visitor category
- Proof of sufficient funds to cover expenses
Exchange visitors should not wait until the last minute to apply for an EOS. Exchange visitors should start their EOS application once they have demonstrated their eligibility to continue working towards their program objectives and have documentation showing their ability to continue to cover their expenses. It is reasonable for most exchange visitors to start the EOS process at least several months before their current AUD.
- Who will determine my eligibility for EOS and by what standard?
Exchange visitors who apply for an EOS through USCIS will have their application adjudicated by a USCIS official. Eligibility standards for an extension include:
- Maintenance of status
- Continuing to satisfy the eligibility requirements for the exchange program category (eg, research scholar, student)
- Continuing to pursue the exchange visitor program objectives
- Possessing a DS-2019 indicating the additional time needed to complete the exchange visitor program
- Proof of sufficient funding for extending the stay
Department of Homeland Security (DHS) may require exchange visitors to provide biometric information or appear for an interview as part of the EOS application process. Exchange visitors may also leave the U.S. and apply for admission to the U.S. again, in which case CBP will determine whether or not the exchange visitor will be admitted for the extended time period.
- Is premium processing available for EOS?
No, premium processing (an expedited service) is not available at this time for EOS applications.
- What are the consequences of not filing an EOS in time?
Exchange visitors who do not file an EOS before their AUD may immediately be considered out of status. The J-1 sponsor would be required to submit the necessary correction or reinstatement in the manner and timeframe required by the Department of State. Once the SEVIS record is corrected or reinstated, then the J-1 exchange visitor must submit an EOS within 30 days of the status update. Exchange visitors who stay past their AUD without timely applying for an extension of stay (EOS) or reinstatement may be immediately out of status and begin accruing unlawful presence. If an exchange visitor accrues more than 180 days of unlawful presence before departing the U.S., then they may be subject to a three-year bar to entry. Exchange visitors who accrue more than one year of unlawful presence may be subject to a ten-year bar to entry. Even if an exchange visitor does not meet either of these thresholds, the overstay may be questioned or considered by consular officers when applying for future visas.
- I need more time to complete my exchange visitor program requirements than my AUD allows. Do I need to apply for an EOS?
Yes, if you will not complete your exchange visitor program requirements by your AUD, then you should speak with an advisor in the IC. You may need to submit a request for an extension of your DS-2019. You then would need to either apply for an EOS or exit and re-enter the country with the new DS-2019. There may be benefits and drawbacks to either option, so it is important to discuss your situation with an advisor so you can make an informed decision about which is best for you.
- How do I apply for an EOS?
You (students) or your department (scholars) will need to submit a request for an extension through the IC if you will not finish your exchange visitor program requirements by your current program end date. Then you will need to submit your EOS application to USCIS along with all the required documentation before your AUD. To continue employment while your EOS application is pending, you must apply for your EOS through USCIS before your current DS-2019 end date.
- What am I allowed to do while my EOS is pending?
J-1 exchange visitors who timely apply for an EOS may continue to stay in the U.S. while the application is pending. They may continue engaging in activities consistent with pursuing the terms and conditions of the exchange visitor’s program objectives. Exchange visitors who file their EOS before their DS-2019 program end date may receive an automatic extension of work authorization up to 240 days for authorized employment and activities consistent with their program objectives, including paid academic training (students). Exchange visitors who file the EOS during their 30-day grace period are not eligible for this automatic extension of employment, but may continue pursuing other program activities, including unpaid academic training (students).
- What happens to my AUD if I complete my exchange program early?
If the exchange visitor’s program end date is shortened, then the J-1 and any accompanying J-2 dependents must leave the United States within 30 days of the new program end date on their updated DS-2019 or otherwise seek to maintain lawful status during that period.
International Travel and Reentry
- Can I travel before September 15, 2026?
Yes, most exchange visitors may travel before September 15, 2026. Those who enter the U.S. before September 15, 2026 should be admitted for the duration of status, and will then become subject to the transition provisions for continuing exchange visitors. Exchange visitors from countries subject to the current travel ban should not travel. Exchange visitors with expired visas and/or passports with short windows of eligibility should discuss their situation with an advisor before making travel arrangements.
- Can I travel after September 15, 2026?
Yes, most exchange visitors may travel after September 15, 2026. Those who enter the U.S. on or after September 15, 2026 will be admitted with a date-specific Form I-94. They will receive a 30-day grace period calculated into their AUD, and will need to submit an EOS if they wish to remain in the U.S. beyond their AUD. Exchange visitors from countries subject to the current travel ban should not travel. Exchange visitors with expired visas and/or passports with short windows of eligibility should discuss their situation with an advisor before making travel arrangements.
- Can I travel while my EOS application is pending?
Yes, you may travel while your EOS is pending. You will need to travel with a copy of your EOS receipt notice. If you seek to reenter the U.S. before your AUD, then CBP has the discretion to either admit you until your previous AUD (and your EOS application will continue to be processed by USCIS), or until the new recommended program end date or a maximum of four years (whichever is shorter), plus 30 days, and your EOS application will be abandoned. If you reenter after your AUD, then CBP may admit you until the new recommended program end date or a maximum of four years (whichever is shorter), plus 30 days, and your EOS application will be abandoned.
Dependents
- Are J-2 dependents subject to the new admission period?
Yes, J-2 dependents are subject to the new rule. The authorized period of stay for J-2 dependents should match the authorized stay of the principal J-1 exchange visitor.
- Do J-2 dependents need to file EOS applications separately?
J-2 dependents may be included in the principal J-1’s EOS application without paying a separate fee only if that application is submitted by mail. If a family chooses to file an EOS online through a myUSCIS account, then the J-1 and each J-2 must file a separate EOS application and pay a separate filing fee.
- What if J-1 exchange visitors and J-2 dependents travel separately, how is AUD determined for each?
The AUD will in most cases be determined by the J-1’s and J-2’s DS-2019 program end date (which should match). Both J-1’s and J-2’s should be admitted until the DS-2019 program end date, or for four years, whichever is shorter, plus 30 days. However, it is possible that a J-2 may be admitted for a shorter period of time if the J-2’s passport will expire before the J-1’s AUD.
- Can a J-2 dependent continue working while an EOS is pending?
No, J-2 employment authorization dates may not exceed the principal J-1’s authorized stay. The automatic extension of work authorization of 240 days for J-1s does not apply to J-2s. A J-2 dependent whose admission period has expired may not engage in employment until USCIS approves their EOS and application for employment authorization.
Last Updated: 8/26/2026