On September 14, 2026, a federal judge in Massachusetts blocked a DHS rule that would have ended “duration of status” for F-1 students and J-1 exchange visitors. The rule was scheduled to take effect the following day. Because the order applies nationwide, the current system stays in place while the lawsuit continues. It’s a preliminary ruling, though, so the fight isn’t over.
What Did the New F-1 and J-1 Visa Rule Propose?
DHS issued the final rule in the Federal Register on July 17, 2026, and scheduled it to take effect on September 15. It would have replaced the long-standing duration of status (D/S) system with fixed admission periods. Students weighing what that change could mean for their plans can look into F-1 Student Visa Assistance options.
Proposed Four-Year Limit for F-1 and J-1 Visa Holders
Under the rule, F-1 and J-1 nonimmigrants generally would have received a fixed period of admission based on their program length, not exceeding four years. I visa holders (foreign media representatives) would get 240 days. Students needing longer would file Form I-539 for an extension of stay, and USCIS would decide at its discretion.
Proposed Changes for International Students and Exchange Visitors
The four-year cap wasn’t the only change. The rule also tightened several other areas:
- Grace period: The F-1 grace period after a program ends would drop from 60 to 30 days.
- Second programs: An F-1 student who completed a U.S. program after the rule’s effective date generally could not begin another F-1 program at the same or a lower educational level.
- Graduate transfers: Transfers and program changes at the graduate level would be restricted.
- Undergraduate mobility: Transfers and major changes in the first year would need an SEVP exception.
- Employment: Certain existing F-1 employment authorization, including on-campus employment and CPT, could continue for up to 240 days while a timely extension-of-stay request was pending, subject to the rule’s conditions.
| Area | Proposed rule | Status now (under injunction) |
| Admission period | Fixed, up to four years | Duration of status |
| Program extension | USCIS extension-of-stay filing generally required | No USCIS extension-of-stay filing solely to extend an eligible F-1 program; qualifying extensions are generally handled through the DSO. |
| F-1 grace period | 30 days | 60 days |
| Second program (same or lower level) | Restricted | Existing rules apply |
| Graduate transfers and program changes | Limited | Existing rules apply |
Why Did the Federal Court Block the Rule?
Judge F. Dennis Saylor IV of the U.S. District Court for the District of Massachusetts granted the injunction in Presidents’ Alliance on Higher Education and Immigration v. DHS, No. 1:26-cv-13799. NAFSA, the Presidents’ Alliance, and several labor unions filed the case on August 18, 2026.
The court found the plaintiffs likely to succeed on their Administrative Procedure Act (APA) claims. In the court’s view, DHS likely failed to:
- Conduct a reasoned analysis of the rule’s costs and benefits.
- Seriously consider less burdensome alternatives.
- Adequately address significant public comments (nearly 22,000 were submitted)
- Explain how fixed periods would advance its fraud-prevention and national-security goals.
The ruling is procedural. It doesn’t decide whether fixed admission periods are good policy. It says DHS likely didn’t follow the process the law requires. The court postponed the effective date under Section 705 of the APA and made the order nationwide, reasoning that a patchwork of rules would confuse schools.
What Does the Court’s Preliminary Injunction Mean for F-1 Students?
DHS and ICE can’t implement the rule while the injunction remains in place. Because the order applies nationwide, F-1 students and J-1 exchange visitors across the United States continue under the existing framework. Students seeking guidance can speak with a Richmond immigration attorney or get immigration support in other areas Fayad Law serves, including Virginia, Washington, D.C., Maryland, New York, Texas, and clients located elsewhere in the United States.
What Is the Duration of Status Rule for F-1 Students?
Duration of status means an F-1 student is generally admitted for the period in which they are pursuing an authorized course of study or practical training while properly maintaining status, rather than until a fixed I-94 calendar date. Their Form I-94 typically shows “D/S” instead of an expiration date.
D/S isn’t unlimited permission to stay. Students must keep enrolling, follow their status rules, and keep their SEVIS record active. Authorized practical training and the 60-day grace period also fall within this framework.
Does the Court Ruling Change F-1 Visa Rules Now?
It doesn’t change them. The order keeps the existing rules in place. One area still deserves attention, though: Curricular Practical Training (CPT).
The injunction doesn’t reach the two SEVP broadcast messages on CPT, issued August 12 (BCM 2608-01) and August 24, 2026 (BCM 2608-02). Those messages were issued under the existing CPT regulations, so they apply whether or not D/S survives. In short:
- CPT must be an integral part of an established curriculum and directly related to the student’s major.
- SEVP’s reading is that training must be required for all students in the program. An optional internship or elective generally won’t qualify.
- SEVP has warned that schools and designated school officials (DSOs) can face consequences for improper authorizations.
- The regulations do not contain a provision expressly labeled as a ban on “Day 1 CPT,” but any CPT authorization must satisfy the applicable regulatory requirements and SEVP’s current interpretation.
What Should F-1 and J-1 Visa Holders Do While the Case Continues?
The injunction is temporary, so a careful approach makes sense. These steps hold up whichever way the case goes:
- Maintain status: Keep your enrollment, work authorization, and SEVIS record in order.
- Check your documents: Review your I-94, Form I-20 or DS-2019, and program end date.
- Talk to your DSO first: Do this before transfers, program changes, second degrees, or CPT.
- Confirm CPT eligibility: Ask your school how it documents the curricular basis for your training.
- Follow updates: Watch SEVP, USCIS, and your school’s international office, and keep a backup plan if the rule returns.
How Could the Final Court Decision Affect International Students?
A preliminary injunction pauses a rule. It doesn’t cancel it. DHS can appeal to the First Circuit, and a status conference is set for October 2, 2026. If the court’s order is modified, stayed, or reversed, the rule’s implementation status could change. Students should check current DHS, USCIS, SEVP, and school guidance before acting.
| Scenario | What it could mean |
| Injunction stays in place | D/S continues while the case moves toward a final decision |
| An appellate court lifts or reverses the injunction | The Final Rule could potentially move toward implementation, depending on the appellate order and any further DHS implementation steps. |
| Court vacates the rule | DHS would need to fix the APA problems or start over |
| Rule survives on the merits | Students would work under fixed dates and USCIS extension requests |
The attorneys at Fayad Law follow developments like this closely, and students with transfers, second degrees, or graduation dates near the four-year mark should review their options early.
Frequently Asked Questions
Did the court block the new F-1 visa duration rule?
Yes. On September 14, 2026, a federal judge in Massachusetts issued a nationwide preliminary injunction blocking the DHS rule that would have replaced duration of status with fixed admission periods. The rule did not take effect on September 15, and the current framework stays in place while the case continues.
How long can F-1 students currently stay in the United States?
F-1 students are still admitted for the duration of status. That means they can generally remain in the U.S., while maintaining status, for the length of their academic program as listed on their Form I-20, plus authorized practical training and the grace period. No fixed four-year cap applies while the injunction remains in effect.
Does the ruling affect the F-1 visa itself?
No. The ruling concerns how long DHS admits students, not the visa stamp or eligibility. This ruling does not change visa applications, consular interviews, or SEVIS requirements. The injunction only stops the fixed admission period rule and related changes to extensions, transfers, and grace periods from taking effect.
Does the court ruling apply to J-1 visa holders?
Yes. The rule covered F-1 students, J-1 exchange visitors, and I media visa holders, and the injunction blocked it for all three groups. J-1 exchange visitors continue under the existing D/S framework, subject to their DS-2019 dates, applicable program requirements, and any category-specific maximum duration rules. Program sponsors and responsible officers remain the best source for program-specific questions.
Do F-1 students still need to maintain valid status?
Yes. The injunction doesn’t relax any existing requirements. Students must continue to meet enrollment requirements, including maintaining a full course of study unless a reduced course load has been properly authorized, work only with authorization, and keep their SEVIS record and Form I-20 current. Violations can still lead to loss of status, so check with your designated school official before making changes.
What happens if the court ultimately allows the new rule to take effect?
If the injunction is lifted or reversed, DHS could implement the rule, possibly on short notice. Students admitted after that point would receive fixed admission dates and may need to file extension requests with USCIS. The rule’s transition provisions for current students would also matter, so watch official announcements.
Disclaimer: The information provided in this blog post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Immigration laws and USCIS procedures change frequently; please consult with a qualified immigration attorney regarding your specific case.
