Court Blocks Rule Ending 'Duration of Status' for F-1 and J-1 Students

DHS published a final rule on July 17, 2026 that was set to take effect on September 15, 2026. It would have ended "duration of status," under which F-1 students and J-1 exchange visitors may stay as long as they keep up their program. Instead, their Form I-94 would show a fixed "admit until" date: the program end date or four years from admission, whichever is shorter, plus a 30-day grace period (down from 60 days for F-1 students). Anyone needing more time would have had to file Form I-539 for an extension.

A coalition led by the Presidents' Alliance on Higher Education and Immigration sued. On September 14, 2026, Judge F. Dennis Saylor IV granted nationwide preliminary relief. The court found the plaintiffs likely to succeed on their Administrative Procedure Act claims, finding that DHS had not provided reasoned analysis, considered alternatives, or adequately answered public comments. The order postponed the rule's effective date and bars DHS and Immigration and Customs Enforcement (ICE) from implementing it while the case proceeds.

The order is preliminary, not a final decision. DHS may appeal, and the rule could still take effect later.

• F-1 and J-1 visa holders and their F-2 and J-2 family members. For now, you continue under D/S. You do not need to file Form I-539 to extend your stay under the blocked rule.
• Students on OPT or STEM OPT. OPT and STEM OPT continue under the current rules.
• New students arriving this fall. You should be admitted under D/S while the order stands.

What the order does not change: guidance from the Student and Exchange Visitor Program (SEVP) issued on August 12 and August 24, 2026 takes a narrow view of Curricular Practical Training, requiring that practical training be a required part of the curriculum. That guidance was not part of the blocked rule and remains in effect.

1. Stay in close contact with your Designated School Official (DSO) or J-1 Responsible Officer. They will know first if the order is appealed or changed.
2. Keep your I-20 or DS-2019 up to date and maintain full-time enrollment.
3. Check your CPT plans against the August 2026 SEVP guidance before starting any off-campus work.
4. Before international travel, confirm current rules with your school, since policy can change while you are abroad.
5. If you face a status problem, speak with a licensed US immigration lawyer.

For background, see our F-1 fixed admission period status page, the F-1 visa page, and OPT.