F-1 Fixed Admission Period Rule: Blocked by a Court (September 2026)
A Department of Homeland Security (DHS) rule would have replaced "duration of status" (D/S) for F-1 students and J-1 exchange visitors with fixed admission dates of up to 4 years from September 15, 2026. On September 14, 2026, a federal judge in Massachusetts blocked it nationwide in Presidents' Alliance v. DHS, so students continue under D/S while the case goes on. Separate August 2026 guidance narrowing Curricular Practical Training (CPT) was not blocked.
On this page
- Rule
- DHS final rule published July 17, 2026
- Planned start
- Sept 15, 2026 (did not take effect)
- Court order
- Nationwide preliminary relief granted Sept 14, 2026
- Case
- Presidents' Alliance on Higher Education and Immigration v. DHS (D. Mass.)
- Who it would affect
- F-1 and J-1 visa holders, their dependents, and I media visa holders
- Current rule
- Duration of status continues; no I-539 needed under the blocked rule
- Still in effect
- August 2026 SEVP guidance narrowing CPT
Timeline
| Date | Event |
|---|---|
| Aug 28, 2025 | DHS proposes replacing duration of status with fixed admission periods |
| July 17, 2026 | DHS publishes the final rule, effective Sept 15, 2026 |
| Aug 12 and Aug 24, 2026 | The Student and Exchange Visitor Program (SEVP) issues guidance taking a narrow view of CPT |
| Sept 14, 2026 | Judge F. Dennis Saylor IV grants nationwide preliminary relief, postponing the rule's effective date and barring DHS and ICE from carrying it out |
| Sept 15, 2026 | The original effective date passes; the rule does not take effect |
What the rule would change
Today, F-1 students and J-1 exchange visitors are admitted for "duration of status" (D/S): they may stay as long as they keep up their program, without a fixed end date on their I-94 record.
The blocked rule would instead give them:
- A fixed "admit until" date: the program end date or 4 years from admission, whichever is shorter
- A 30-day grace period after the program (down from 60 days for F-1 students)
- A requirement to file Form I-539 with USCIS to extend their stay beyond that date, for example for a longer program or for OPT and STEM OPT
Law firms warned that the extension process could delay OPT start dates and interrupt work.
What the court decided
A coalition led by the Presidents' Alliance on Higher Education and Immigration sued. The court found the plaintiffs likely to win their Administrative Procedure Act claims, finding that DHS had not given reasoned analysis, considered alternatives, or adequately answered public comments.
The order is preliminary, not a final judgment. It applies nationwide. DHS may appeal, and the rule could still take effect later if a higher court or a final ruling allows it. See our news on the ruling.
What it means for you now
- Current students stay in D/S. You do not need to file Form I-539 because of the blocked rule.
- New students arriving this fall should be admitted in D/S while the order stands. Check your I-94 after entry.
- OPT and STEM OPT continue under the existing rules.
- CPT is still restricted. The August 2026 SEVP guidance, which requires that CPT be an integral, required part of the curriculum, remains in effect.
- J-1 exchange visitors and F-2 and J-2 family members are covered by the same order.
What to do now
- Stay in close contact with your Designated School Official (DSO) or J-1 Responsible Officer. Schools hear first about appeals and changes.
- Keep your I-20 or DS-2019 current and maintain full-time enrollment.
- Check any CPT plans against the August 2026 guidance before starting off-campus work.
- Before international travel, confirm the rules with your school, because they could change while you are abroad.
- Plan ahead for work after graduation. Know your OPT filing window and, if relevant, the H-1B lottery and cap-gap rules.
- If you have a status problem, talk to a licensed US immigration lawyer.
Frequently asked questions
Did duration of status end on September 15, 2026?
No. A federal court blocked the rule on September 14, 2026, so duration of status continues for now.
Do F-1 students need to file Form I-539 now?
Not because of the blocked rule. File only if you are changing status or your situation otherwise requires it.
Is OPT affected by the court order?
OPT and STEM OPT continue under the existing rules while the order stands.
Is the CPT guidance also blocked?
No. The August 2026 SEVP guidance on CPT was not part of the rule and remains in effect.
Could the fixed admission rule still take effect?
Yes. The order is preliminary, and DHS may appeal. Follow your school's updates.
Official sources
- Federal Register: Fixed Time Period of Admission for F, J, and I Nonimmigrants (July 17, 2026)federalregister.gov
- Study in the States (DHS SEVP)studyinthestates.dhs.gov
- Presidents' Alliance: Duration of Status Litigationpresidentsalliance.org
- Yale OISS: Elimination of Duration of Status Summary and FAQsoiss.yale.edu
General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.