I am in the U.S. now and transferring to MIT, but I am planning to travel outside the U.S. before starting at MIT. How early will I be able to enter the U.S. from abroad to start my program at MIT.

I am in the U.S. now and transferring to MIT, but I am planning to travel outside the U.S. before starting at MIT. How early will I be able to enter the U.S. from abroad to start my program at MIT.

U.S. Department of Homeland Security (USDHS) regulations provides the transfer procedures to allow an individual in F-1 status to remain in the U.S. for up to 5 months between the end of one program of study at one university and the start of a new program of study at a new university. 
However, if a student leaves the U.S. after completion of the previous degree program (or period of authorized post-completion optional practical training), and the start of the new degree program at the new university, they are considered the same as any other initial student by USDHS and by U.S. Customs and Border Protection (CBP).  In SEVIS, the record is viewed as “Initial – Transfer Pending”.  The reason for this is that when entering the U.S., CBP needs to verify you have a reason to be in the U.S for that period prior to start of your program of study.

Therefore, under regulation, both new F-1 and J-1 students may arrive to the U.S. from abroad “for a period up to 30 days before” the report date or program start date listed on the Form I-20 or Form DS-2019. [8 CFR 214.2(f)(5)(i); 8 CFR 214.2(j)(1)(ii)].

For example, if you are beginning your program of study at MIT in Fall 2023, the start date listed on your Form I-20 (F-1 visa holders) or Form DS-2019 (J-1 visa holders) will be September 5, 2023.  Since you are not beginning your program of study at MIT until September 5, 2023, then CBP indicates that, like all other initial students beginning their new degree program in the U.S., the earliest you can enter the U.S. is 30 days prior to that new program start date as listed on the Form I-20/Form DS-2019 (so for Fall 2023, new students to MIT entering the U.S. from abroad may enter the U.S. no earlier than 30 days prior to September 5, 2023 — which is no earlier than August 7, 2023).

We have verified with U.S. Customs and Border Protection that if you try to enter the U.S. earlier than 30 days prior to your program start date at MIT, then they will likely deny your entry to the U.S. and you would be put on a flight back to the country where your flight to the U.S. initiated.  If they were to grant you entry in tourist visa status or some other status, then you would need to make another departure from the U.S., and make a new entry in your F-1 or J-1 status to be able to study in the U.S.  Please note that reporting to a U.S. port-of-entry is not sufficient, USCBP would require a student to actually depart the U.S. to another country and make a new official entry to the U.S. with valid documentation showing eligibility to enter the U.S. in F-1 or J-1 status.     

Given this guidance, we advise new students to MIT who will be outside the U.S. to plan their entry to the U.S. for the Fall 2023 term to enter the U.S. no earlier than August 7, 2023. 

If any questions arise, please contact your ISO Advisor.