A federal court has blocked implementation of the rule that would have changed Duration of Status eligibility for US F-1 international student visas. The existing Duration of Status (D/S) system remains in effect while the legal case continues. Duration of status means students may remain in the United States with no specific time limit as long as they follow the conditions of their student visa status.
Disclaimer: This article covers a fast-moving immigration policy situation. A nationwide preliminary injunction was issued on September 14, 2026, one day before the rule was scheduled to take effect. Court decisions and government responses can happen quickly. Always confirm the current status of this rule with your Designated School Official (DSO), a qualified immigration professional, or an official US government source such as Study in the States (DHS) or NAFSA before making any immigration decisions. This article reflects information available as of September 15, 2026.
This update affects F-1 students (those on an academic student visa for the United States), J-1 exchange visitors, and holders of I visas for media representatives. If you are currently studying in the US or planning to study there, this article explains what the postponement means and what steps to take.
Students from India, Nigeria, Pakistan, Bangladesh, and many other countries study in the United States each year. Understanding how your authorized stay is calculated is essential for maintaining lawful immigration status.
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What Happened to the US Duration of Status Rule?
The US Department of Homeland Security (DHS) published a final rule on July 17, 2026, to eliminate Duration of Status for F-1 students, J-1 exchange visitors, and I visa holders. The rule was scheduled to take effect on September 15, 2026.
On September 14, 2026, one day before the rule was to begin, the United States District Court for the District of Massachusetts issued a nationwide preliminary injunction (a court order that blocks a rule from taking effect while a case is decided). The court blocked the rule from taking effect, and DHS and US Immigration and Customs Enforcement (ICE) are prohibited from implementing it while the case continues. The existing Duration of Status framework remains in place for F-1 students, J-1 exchange visitors, and I visa holders.
District Judge F. Dennis Saylor IV presided over the case. The court found that DHS had not adequately established how the fixed-term admission framework would meaningfully address its stated goals, including improving national security, reducing fraud, and preventing visa overstays.
Note: The rule has been postponed by a court order, not permanently cancelled. The legal case is still ongoing. The rule may be revised, reintroduced, or ultimately overturned depending on how the litigation proceeds. Check NAFSA's legal defense page and Study in the States for the latest updates.
The lawsuit was filed by a coalition of education and labour organizations, including NAFSA: Association of International Educators, the Presidents' Alliance on Higher Education and Immigration, the Association of Independent Colleges and Universities in Massachusetts (AICUM), the American Federation of Teachers (AFT), graduate student unions, and the United Auto Workers (UAW). The coalition argues that the final rule violates the Administrative Procedure Act (APA). Their legal argument is that DHS failed to adequately assess the costs and benefits of the rule, did not meaningfully respond to public comments, and did not consider less burdensome alternatives.
What Does "Duration of Status" Mean for F-1 Students?
Duration of status means you may remain in the United States as long as you follow the conditions of your student visa status. For most F-1 students (the academic student visa category), your Form I-94 arrival record shows "D/S," which stands for duration of status. This is different from the expiry date printed on your visa sticker.
Your F-1 visa sticker (the stamp in your passport) tells border officers that you may request entry to the United States up to the date the visa expires. Your immigration status controls whether you may remain in the country after entry. These are related, but they are not the same thing.
Tip! Think of your visa as a key that lets you knock on the door. Your status is what allows you to stay inside. You need a valid visa to re-enter after international travel, but your status determines how long you can legally remain in the United States.
Your Form I-94 record is the official arrival and departure record created when you enter the United States. US Customs and Border Protection (CBP) creates this record electronically when you arrive. You can check your I-94 online at i94.cbp.dhs.gov. Always check your I-94 after arriving in the US and save a copy for your records.
What Would the Rule Have Changed for International Students?
Because the rule is currently blocked, no changes are in effect. However, understanding what the rule proposed helps you follow the case and know why the court decision matters.
Under the final rule published on July 17, 2026, F-1 students would have received fixed admission periods instead of the open-ended D/S notation. The proposed changes included:
- Fixed admission period of up to four years for most standard programs, based on the program end date shown on your Form I-20 (the Certificate of Eligibility for Nonimmigrant Student Status issued by your school)
- Fixed period of up to 24 months for English language training programs
- A shorter grace period after program completion. The post-completion grace period would have been reduced from 60 days to 30 days
- New requirements for Optional Practical Training (OPT) and STEM OPT. OPT is a period of work authorization available to F-1 students before or after graduation; STEM OPT is an extension for students in science, technology, engineering, and mathematics fields. Under the proposed rule, students needing time for post-completion OPT or STEM OPT would have needed to apply for an Extension of Stay (EOS) from USCIS using Form I-539, rather than continuing automatically under duration of status
- New academic mobility restrictions. Graduate students would have been unable to transfer schools or change their educational level during their program. Undergraduate students would have faced similar restrictions in their first year
The rule would also have applied to J-1 exchange visitors and I visa holders for media representatives, not only F-1 students.
Note: None of these proposed changes are currently in effect. The nationwide preliminary injunction means the existing Duration of Status system applies while the court case continues. Your current rules and requirements have not changed as of September 15, 2026.
What Does the Postponement Mean for Current Students?
For now, eligible students can continue under the current Duration of Status system. You must still meet all requirements of your F-1 student status, including making normal academic progress and keeping your student records accurate and up to date.
You must also maintain a valid passport, follow your school's enrollment rules, and speak with your Designated School Official (DSO) before making any major changes. A DSO is the school staff member who manages student immigration records in the Student and Exchange Visitor Information System (SEVIS). SEVIS is the US government database that tracks international students, exchange visitors, and their schools.
Warning! The postponement does not remove your responsibility to maintain lawful status. It also does not automatically extend your authorized stay. You must continue to follow all conditions of your F-1 status at all times.
Your permitted stay can depend on your program end date, any authorized practical training period, approved extensions, and other immigration factors.
What Should Students Do Now?
Continue following your current study plan and your school's immigration instructions. Do not change your course load, stop attending classes, transfer schools, or begin work without first checking with your DSO. Each of these actions can affect your immigration status.
Keep copies of your important documents in a safe place. Your key documents include:
- Your valid passport
- Your F-1 visa (or other student visa category)
- Your Form I-20, issued by your school, which shows your program dates and financial information
- Your I-94 arrival and departure record (check and download yours at i94.cbp.dhs.gov)
- Any Employment Authorization Documents (EAD cards) if you have approved work authorization for OPT or CPT
- Any approval notices from US Citizenship and Immigration Services (USCIS)
Check your student record regularly with your school. Ask your DSO to confirm your program end date, expected completion date, and any approved training periods. If your studies will take longer than expected, ask your DSO about an extension before your current program end date passes.
What Should Students Planning to Study in the US Know?
Prospective students should continue preparing their applications under the rules that apply when they apply and when they enter the United States. A postponed rule may still be reviewed, changed, or put into effect later depending on the court case outcome.
Disclaimer: Immigration policy is subject to change. Check the official Study in the States website and consult your school's international student office before submitting a visa application or booking travel.
Make sure your passport remains valid throughout your planned stay. Your school must also provide accurate information on your Form I-20, including your program start and end dates and your financial information. Review your financial documents, visa requirements, and travel plans carefully before you depart for the United States.
Your visa approval does not guarantee entry to the United States. A US Customs and Border Protection (CBP) officer makes the final admission decision at the port of entry. After you arrive, review your I-94 record promptly and contact your DSO right away if any information appears incorrect.
What Should Recruitment Partners Do?
Recruitment partners should share only confirmed, current information with students. Be clear that the rule has been postponed by a court order, not permanently cancelled. The legal case is still ongoing, and the situation may change.
Do not promise students that the current Duration of Status system will continue indefinitely. Instead, encourage students to check their records and contact their DSO about individual questions. Partners should update their counselling materials promptly when official agencies such as USCIS, ICE, SEVP (the Student and Exchange Visitor Program, which certifies schools to enroll international students), or NAFSA publish new guidance.
Note: Record the date on any immigration guidance you share with students. This helps students understand that policies may have changed since that date. Review your materials regularly against official sources.
Key Points to Remember
Note: A nationwide preliminary injunction issued on September 14, 2026 by the US District Court for the District of Massachusetts blocks the DHS final rule from taking effect. The Duration of Status (D/S) system is still in place as of September 15, 2026.
- The proposed US Duration of Status rule was published July 17, 2026 and was blocked by a federal court on September 14, 2026, one day before its scheduled effective date.
- The rule has been postponed, not permanently cancelled. The court case is still ongoing and the situation can change.
- The existing Duration of Status (D/S) system remains in place for F-1 students, J-1 exchange visitors, and I visa holders while the litigation continues.
- Your visa expiry date is not the same as your authorized period of stay. Check your I-94 record at i94.cbp.dhs.gov to confirm your authorized stay.
- You must continue to follow all conditions of your F-1 status. The postponement does not change this.
- Check your I-94, your Form I-20, and your school records regularly.
- Speak with your DSO before making any changes to your studies, work authorization, or travel plans.
- Use official sources such as USCIS, Study in the States, and NAFSA for immigration updates. Avoid relying on social media or articles that may not reflect the latest developments.
Immigration updates can feel uncertain, but careful record keeping and regular check-ins with your DSO can help you stay on track. Continue following your school's instructions and confirm the latest policy before making any important decisions about your studies, work, or travel.
Your next step: check your I-94 record and student documents today, then contact your DSO to confirm how the current rules apply to your situation.
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