What Does the Grace Period for International Students Mean?
The grace period is the maximum amount of time an international student is allowed to remain in the United States after the completion of their program. This duration of time varies across the three U.S. student visa statuses.
The primary objective of the grace period is to allow an international student ample time to prepare for departure from the United States, after possibly spending several years studying in the U.S.
This is an opportunity that several other nonimmigrant U.S. visas don't have.
If an international student remains in the U.S. beyond the grace period, the student is said to have "fallen out of status", which could result in severe immigration penalties.
Duration of Grace Period for International Students in an F-1 Status
F-1 students that have completed their program are allowed to remain in the U.S. for up to 60 days. This 60-day countdown starts the day after the program end date, as shown on page 1 of the current Form I-20.
Note that if you plan to graduate earlier or later than program end date shown on your Form I-20, then your program end date must be updated to match your proposed graduation date.
Page 5 of the Form I-20 showing the program end date after which the 60-day grace periods begins
And if the F-1 student engages in any period of authorized employment after graduation, such as post-completion OPT or STEM-OPT Extension, they are allowed to remain in the U.S. for up to 60 days after the completion of OPT or STEM-OPT.
In this case, the 60-day countdown will start the day after the post completion OPT or STEM-OPT end date as shown on page 2 of the Form I-20.
Grace Period for F-2 Dependents
Spouses and children of F-1 students present in the U.S. in an F-2 status, also receive the same 60-day grace period when the primary F-1 student has completed his or her program.
Note that once the primary F-1 nonimmigrant departs the U.S., all F-2 dependents must depart the U.S. as well.
What You Are Allowed to Do During Your F-1 Student 60-Day Grace Period
During your 60-day grace period, you may
- Apply for Optional Practical Training with USCIS no later than 60 days after your program end date
- Prepare for departure from the U.S.
- Transfer into a new academic program either at the same education level or into a higher education level. This new program must begin within 5 months from your program end date.
- Change your nonimmigrant status if eligible by filing an application with USCIS
What You Are NOT Allowed to Do During Your 60-Day Grace Period
You may not:
- Travel outside the U.S. and seek to re-enter the U.S. on your F-1 visa or F-2 visa. Once you travel outside the United States, your grace period ends.
- Work or Study
- Extend your program of study
Duration of Grace Period for International Students in a J-1 Status
J-1 students are allowed to remain in the U.S. for up to 30 days after the completion of their program. This 30-day countdown starts the day after the end date shown on page 1 of the current Form DS-2019.
Note that if you plan to complete your program earlier or later than program end date shown on your Form DS-2019, then your end date must be updated to match this proposed completion date.
Page 1 of DS-2019 showing the end date beyond which the 30-day grace period for J-1 students starts
J-1 students engaging in Academic Training (AT) after graduation, are allowed to remain in the U.S for up to 30 days thereafter.
Grace Period for J-2 Dependents
Dependent spouses and children on a J-2 status are allowed to remain in the United States for 30 days after the primary J1-student completes his or her program.
J-2 dependents may not remain in the United States after the primary J-1 student departs the United States during the grace period.
What You Are Allowed to Do During Your J-1 30-Day Grace Period
During your 30-day grace period, you may
- Prepare for departure from the U.S.
- Transfer into a new academic program
- Change your nonimmigrant status by filing an application with USCIS. Note that if you're subject to the two-year foreign residency requirement, you must first obtain a waiver before you could apply for a change of status.
What You Are NOT Allowed to Do During Your J-1 30-Day Grace Period
You may not
- Travel outside the U.S. and seek to re-enter the U.S. on your J-1 visa or J-2 visa.
- Continue any employment or studies on a J-1 or J-2 status
- Extend your program of study or apply for Academic Training (AT). These must be done before your program end date.
Duration of Grace Period for International Students in an M-1 Status
Unlike their F-1 counterparts, M-1 students that complete their program are only allowed to remain in the U.S. for 30 days.
If the M-1 student engages in any period of post-completion practical training, they are allowed to remain in the U.S for up to 30 days after the completion of the M-1 practical training.
Grace Period for M-2 Dependents
Dependent spouses and children on an M-2 status are allowed to remain in the United States for 30 days after the primary M1-student completes his or her program.
Given that the immigration status of an M-2 immigrant is tied to the status of the primary M-1 immigrant, if the M-1 student departs the United States, all dependents on an M-2 status must also depart the United States as well.
What You Are Allowed to Do During Your M-1 Student 30-Day Grace Period
During your M-1 30-day grace period, you may
- Prepare for departure from the U.S.
- Apply for M-1 practical training with USCIS before the 30 day grace period ends
- Change your nonimmigrant status if eligible. For example, you may transition from an M-1 visa status to a B1/B2 tourist visa status.
What You Are NOT Allowed to Do During Your 30-Day Grace Period
During your M-1 grace period, you may not
- Travel outside the U.S. and seek to re-enter the U.S. on your M-1 visa or M-2 visa.
- Continue any studies on an M-1 status
International Students Ineligible for a Grace Period
International students in an F-1, J-1, or M-1 status who have been found to violate their immigration status are not eligible to receive a grace period after the completion of their program.
Furthermore, international students in an F-1, J-1, or M-1 status who decide to quit their program are not eligible to receive a grace period thereafter.
Instead, they must immediately make plans to depart the U.S.
What Happens if an International Student Overstays the Grace Period?
Overstaying the grace period results in severe penalties such as being unable to change your immigration status while in the U.S. and getting barred from entering the United States for up to 10 years.
DISCLAIMER: This video and content is designed for general information only and is NOT legal advice. I am not a licensed attorney and so he information presented in this video should not be construed to be formal legal advice. If you need legal advice, you may contact a licensed attorney.
