By Jessica White, Esq.
A federal court has blocked a DHS rule that would have changed how F-1 students and J-1 exchange visitors are admitted to the U.S. For now, nothing changes. F-1 students are still admitted for “duration of status” (D/S), and the 60-day grace period after completing a program or OPT still applies. The government has appealed, so this could change.
What the rule would have done
DHS published the rule on July 17, 2026, with a September 15 effective date. It would have:
- Replaced duration of status with a fixed admission period tied to the program end date, capped at four years;
- Required students who need more time to apply to USCIS for an extension of stay;
- Cut the F-1 grace period from 60 days to 30;
- Limited transfers, program changes, and second degrees at the same or a lower level.
Where the litigation stands
A coalition of higher education groups and unions sued in the District of Massachusetts on August 18. On September 14, one day before the rule was to take effect, Judge F. Dennis Saylor IV issued a nationwide preliminary injunction. He found the challengers likely to succeed in showing the rule is arbitrary and capricious under the Administrative Procedure Act. There has not been a final decision on the legality of the new rule.
The government appealed to the First Circuit on September 30 and plans to ask for an expedited schedule. The appeal does not put the rule into effect. Both sides are due to file positions on next steps in the district court by October 9.
What this means for you
- If you are currently in valid F-1 status, your status has not changed, and you don’t need to file anything.
- Check that your I-94 shows “D/S” as the Admit Until Date.
- Keep your I-20 or DS-2019 current and accurate.
- Talk to us before booking non-essential international travel. If the rule is reinstated, re-entry could produce a fixed-date I-94.
- PhD students and others whose programs run longer than four years should speak with us about planning.
- Talk to us if you need to switch programs, such as changing from a Master’s to a PhD. Depending on the ruling, this could affect your ability to extend or change your program with your Designated School Official.
This is a pause, not a final decision. If the order is reversed on appeal, the rule could take effect quickly and with little notice.
Questions about how this affects you? Please contact our office at 520-477-6690 to discuss your situation with an Immigration Attorney.
This post is general information, not legal advice.