Rule table checked Oct 9, 2026
Rules and sources
Each calculator reads one versioned rule table. A rule is used to compute a date only when its text was read from the primary source. Everything else is shown for information only, or not at all.
Rules these pages use
Employment ends (layoff/quit) - up to 60-day grace period
Status: verified from the primary source · 2017-01-17 (AC21 final rule effective date). Still in force on 2026-10-09.
Recent changes: 2026-09-11: DHS proposed removing 8 CFR 214.1(l)(2) AND revising 8 CFR 204.5(p)(1)(i) (91 FR 57807). If finalized, workers would be considered out of status starting the day after employment ends, and the 60-day period would no longer count as qualifying status for an initial compelling-circumstances EAD. NOT in effect; comment period closes 2026-11-10. The calculator must track this rulemaking and must be able to switch this rule off on the final rule's effective date (and must read the final rule's transition provisions, if any, before computing anything for cessations that happened before that date).
Sources
- 8 CFR 214.1(l)(2)
- 81 FR 82398 (Nov. 18, 2016), AC21/high-skilled worker final rule that created 214.1(l)(2)
- USCIS, Options for Nonimmigrant Workers Following Termination of Employment (ARCHIVED page, last reviewed 01/24/2025)
- DHS NPRM 'Eliminating the Discretionary 60-Day Grace Period', 91 FR 57807 (Sept. 11, 2026), FR Doc. 2026-18631, RIN 1615-AD22
- 8 CFR 204.5(p)(1)(i) (current text: initial compelling-circumstances EAD applicant must be in E-3/H-1B/H-1B1/O-1/L-1 status 'including the periods authorized by § 214.1(l)(l) and (2)')
Rule table checked Oct 9, 2026.
Up to 10 days before/after petition validity
Status: verified from the primary source · 2017-01-17 (as codified by 81 FR 82398). Unchanged in 2025-2026; the 2026 NPRM does NOT propose removing (l)(1).
Recent changes: None to (l)(1) or to the O-1 parallel at 214.2(o)(10). The 2026-09-11 NPRM (91 FR 57807) removes 214.1(l)(2) and also revises 8 CFR 204.5(p)(1)(i); it does not touch (l)(1).
Sources
- 8 CFR 214.1(l)(1)
- 8 CFR 214.1(l)(3) - may file extension/change of status while in any (l) period
- 91 FR 57807 preamble notes the 10-day period applies only 'after the validity period ends', not to a worker who ceases employment during validity
- 8 CFR 214.2(o)(10) - O-1: 'validity period of the petition, plus a period of up to 10 days before ... and 10 days after'; employment only during the validity period
Rule table checked Oct 9, 2026.
I-94 admit-until date (not the visa stamp) controls how long one may stay
Status: verified from the primary source · Longstanding.
Recent changes: D/S for F, J and I classifications was replaced by fixed admission periods for admissions after 2026-09-15 (91 FR 44976). Existing D/S holders were converted by rule to fixed end dates (8 CFR 214.1(m)).
Sources
- 22 CFR 41.112(a): 'The period of visa validity has no relation to the period of time the immigration authorities at a port of entry may authorize the alien to stay in the United States.'
- CBP I-94 Fact Sheet 'I-94 Expiration Dates'
- CBP, Arrival/Departure Forms: I-94
- 8 CFR 214.1(a)(3)(ii) - must agree to depart at expiration of authorized period of admission or extension
- 22 CFR 41.112(b)(3) - an unexpired visa in an expired passport stays usable with a new valid passport
Rule table checked Oct 9, 2026.
Automatic visa revalidation (short trips to Canada/Mexico/adjacent islands)
Status: verified from the primary source · Longstanding; no 2025-2026 amendment found in eCFR.
Recent changes: None to 22 CFR 41.112(d) (last amended 86 FR 55693, 2021). DHS side changed 2026-09-15: 8 CFR 214.1(b) now readmits F/J/M to the unexpired fixed period of stay, not D/S.
End of 'duration of status' (D/S) for F and J; fixed admission dates; transition dates
Status: verified from the primary source · marked not in force · 2026-09-15 (major rule; the FR notice said DHS would publish a document if congressional review changed the date; none found on federalregister.gov as of 2026-10-09, and eCFR as of 2026-10-06 shows the text in force).
Recent changes: NPRM 2025-08-28 (2025-16554) -> final rule 2026-07-17 -> effective 2026-09-15. F-1 post-program departure period cut from 60 to 30 days for fixed-date admissions (214.2(f)(5)(v)); transition D/S students keep +60. OPT start date may not be more than 30 days after program end (214.2(f)(11)(i)(D), was 60). Graduate-level F-1 students may not change educational objective and may not transfer at any point (SEVP exceptions only); students below graduate level may not transfer or change objective in the first academic year; no new F-1 program at the same or lower level after completing a program after 2026-09-15 (214.2(f)(5)(ii)(A)-(C)); DHS may delay these parts until 2028-09-14 ((f)(5)(ii)(E)). New 214.2(f)(5)(viii): a timely F-1 extension of stay keeps the student in a period of authorized stay after the I-94 date until USCIS decides; on-campus/CPT/severe-hardship work is auto-extended up to 240 days from the I-94 end, but NOT if the EOS was filed during the 30-day departure period (see F1_EOS_PENDING_WORK_240).
Sources
- 8 CFR 214.1(a)(4) (new)
- 8 CFR 214.1(m) transition rules
- 8 CFR 214.2(f)(5) (period of stay, as amended)
- DHS final rule 'Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media', 91 FR 44976 (July 17, 2026), FR Doc. 2026-14439, effective 2026-09-15
- 8 CFR 214.1(m)(1)(i)-(iii) and (m)(2)(i)-(ii) - transition OPT/STEM: approved -> EAD expiration + 60 days; denied -> program end (I-20 valid on 2026-09-15) + 60 days while studying, or post-completion OPT EAD end + 60 days
- 8 CFR 214.1(a)(4)(iii) - readmission for post-completion OPT/STEM OPT: EAD end date, or DSO-recommended employment end date if the I-765 is pending, plus 30 days
- 8 CFR 214.2(f)(5)(i)(A),(C),(D),(E); (f)(5)(ii)(A)-(E); (f)(5)(viii)
- 91 FR 44976 preamble: transition J-1s 'will be able to stay until their program end date ... (but no more than 4 years from the effective date), plus 30 days'; OPT approved -> 'until the EAD expires, plus 60 days'
Rule table checked Oct 9, 2026.
Visa Bulletin: Final Action Dates vs Dates for Filing; 'current'; USCIS chart selection
Status: verified from the primary source · Two-chart system since Oct. 2015.
Recent changes: October 2026 bulletin reports that some EB 'Rest of World' categories retrogressed for FY 2027 (read via official state.gov host).
Sources
- USCIS, Adjustment of Status Filing Charts from the Visa Bulletin (last updated 2026-10-01)
- USCIS, When to File... October 2026 (published 2026-09-29) - 'If the date on the chart is current ("C"), or your priority date is earlier than the date on the chart, you may file...'
- DOS Visa Bulletin index
Rule table checked Oct 9, 2026.
How 'day' deadlines are counted; weekends/holidays; electronic vs paper
Status: verified from the primary source · 8 CFR 1.2 longstanding; PA-2026-15 effective 2026-10-23.
Recent changes: PA-2026-15 returns USCIS to applying the next-business-day rule only to day-count deadlines (reversing the 2023 birthday/age extension), for paper filings received on or after 2026-10-23. Mandatory e-filing IFR (91 FR 51924, effective 2026-08-11) lets USCIS require e-filing for designated forms, where no roll-forward applies.
Visa Bulletin data: October 2026
- Employment-based, Dates for Filing: verified from the primary source; used
- Employment-based, Final Action Dates: uncertain; not used for any answer
- Family-sponsored, Dates for Filing: verified from the primary source; used
- Family-sponsored, Final Action Dates: not-collected; not used for any answer
USCIS chart choice for October 2026: employment-based DATES_FOR_FILING, family-sponsored DATES_FOR_FILING (page updated Oct 1, 2026). USCIS chart page · State Department bulletin. Visa Bulletin content is published by the U.S. Department of State, Bureau of Consular Affairs.