Extending Your Stay in the United States

Under the new regulations, extending an academic or exchange program and extending your immigration stay are no longer necessarily the same action.

The International Programs Office may be able to update your SEVIS record and issue an updated Form I-20 or DS-2019, but if the new program, academic activity, practical training, or other authorized activity extends beyond your current period of admission, you may also need to obtain an Extension of Stay (EOS) from U.S. Citizenship and Immigration Services.

Step 1: Work with the International Programs Office

You must first establish that the requested immigration or academic action is permitted and obtain any required SEVIS update and new immigration document.

Examples may include:

• Extending your current program
• Moving to a higher educational level
• Transferring to another school
• Applying for post-completion OPT or STEM OPT
• J-1 academic training
• Other actions that require a new program or training end date

Step 2: Apply to USCIS if an Extension of Stay is required

If your current authorized period of stay does not cover the additional time, you may need to file Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS.

The I-539 is a personal immigration application filed by the student or exchange visitor, not an application filed by Idaho State University. IPO can provide immigration advising regarding the institutional and SEVIS portions of the process, but USCIS makes the final decision on the Extension of Stay application.

What may be required for an F-1 Extension of Stay?

Depending on the reason for the extension, USCIS may require:

• A properly issued and endorsed Form I-20
• Form I-539 and the applicable USCIS filing fee
• Evidence that you have maintained lawful F-1 status
• Evidence of full-time enrollment or properly authorized reduced course loads
• Documentation supporting the reason additional time is needed
• Evidence of sufficient financial support
• Biometrics, if required by USCIS
• An interview, if required by USCIS

USCIS, rather than ISU, adjudicates the application. Approval is not automatic.

For an F-1 program extension requiring a new program end date, acceptable reasons may include a compelling academic reason, a documented medical reason, or circumstances beyond the student's control. A repeated inability or unwillingness to complete a course of study is not an acceptable extension basis under the new rule.

Filing during the departure period

An F-1 Extension of Stay may in some circumstances be considered timely if USCIS receives it during the 30-day departure period. However, filing that late can have significant consequences.

An F-1 student whose EOS is received during the 30-day departure period may be permitted to continue studying while the application is pending, but may not continue or begin employment or practical training until the required approvals are obtained.

This is one reason IPO strongly recommends beginning the process well before the program end date.

Employment while an EOS is pending

For certain F-1 students who timely file the Extension of Stay before the current program end date, existing on-campus employment, CPT, or qualifying severe-economic-hardship employment may receive a limited automatic extension while the EOS remains pending, generally for no more than 240 days and subject to the specific employment authorization requirements.

This protection does not apply in the same way when the EOS is filed during the 30-day departure period.

Do not assume that filing Form I-539 automatically authorizes employment. Contact IPO before continuing employment beyond your existing authorization.

Travel instead of filing an EOS

The final rule also recognizes that some individuals may obtain a new period of admission by departing the United States and seeking readmission with the appropriate immigration documents and a valid visa rather than filing an Extension of Stay with USCIS.

Travel and readmission involve different risks and considerations, and admission to the United States is always determined by CBP at the port of entry. IPO can explain the immigration framework, but students who need individualized legal advice about choosing between an EOS filing and travel may wish to consult an experienced immigration attorney. NAFSA likewise cautions that recommending one strategy over the other can move into legal-advice territory.