Duration of Status Rule for F-1 and J-1: What the September 2026 Court Block Means

A federal court has blocked the Department of Homeland Security rule that would have ended “duration of status” (D/S) for F-1 students and J-1 exchange visitors. The US District Court for the District of Massachusetts issued a nationwide preliminary injunction on September 14, 2026, one day before the rule was due to take effect. As of October 11, 2026, F-1 and J-1 holders are still admitted for D/S.

Key points

• The rule would have replaced D/S with fixed admission dates tied to the program end date, with extensions through USCIS on Form I-539.
• Status: BLOCKED nationwide since September 14, 2026 by a preliminary injunction. The rule was set to take effect September 15, 2026.
• The order is temporary. The case continues, and the government can appeal.
• The rule also covered I visas (foreign media). The block applies to the whole rule.
• Separate SEVP guidance from August 2026 that narrows CPT, including Day 1 CPT, is not affected.

What “duration of status” means

Most visitors receive an I-94 with a fixed end date. F-1 and J-1 holders have long been admitted for duration of status, shown as “D/S” on the I-94. That means you can stay as long as you keep studying or participating in your program and follow the rules, plus a grace period afterwards (60 days for F-1, 30 days for J-1). If you move to a new degree, transfer schools or start OPT, your school updates SEVIS and you do not need to apply to DHS for more time.

What the blocked rule would have done

DHS proposed the change in August 2025 and published a final rule in July 2026. Based on law firm summaries of the final rule, it would have:

Topic	Under D/S (current)	Under the blocked rule
Admission period	As long as you maintain status	Fixed date tied to the program end date, up to a maximum of 4 years
Needing more time	DSO extends the I-20 or DS-2019	File Form I-539 with USCIS and pay the fee
Work while extension pending	Not applicable	Limited to 240 days
Program changes	Generally allowed with DSO action	Restrictions on starting another program at the same or lower level, and on some graduate-level changes
Transition	Not applicable	Outside dates for existing students, including a November 14, 2030 date

The goal DHS gave was to improve oversight and reduce fraud. Universities and student groups argued it would create backlogs, add fees and leave students out of status through no fault of their own if USCIS was slow.

What the court decided

The case is Presidents’ Alliance on Higher Education and Immigration v. DHS (D. Mass., No. 1:26-cv-13799), brought by a coalition that includes NAFSA, the Presidents’ Alliance and several labor unions. Judge F. Dennis Saylor IV:

• Found the plaintiffs likely to win their claims under the Administrative Procedure Act.
• Said DHS likely failed to properly weigh costs and benefits, consider less burdensome alternatives and significant comments, or explain how fixed admission periods would meet its fraud-prevention and security goals.
• Postponed the rule’s effective date and barred DHS from taking further steps to implement it, nationwide, because schools could not run two systems in different parts of the country.
• Declined, for now, to vacate (cancel) the rule, which leaves room for the plaintiffs to ask again later.

Sources: Global Immigration Blog and BAL (law firm summaries).

What it means for students now

• Nothing in your I-94 changes. You remain in D/S as long as you maintain status.
• No I-539 extension is required under current rules. Follow your I-20 or DS-2019 dates and talk to your DSO if you need more time.
• OPT and STEM OPT work as before. Follow the normal filing windows in our F-1 OPT guide and STEM OPT guide.
• New students entering this fall are admitted for D/S.

What has not changed

The injunction covers only this rule. These remain in effect:

• SEVP’s August 2026 CPT guidance, which says practical training must be a required part of the curriculum for all students in the program to count as “integral.” This restricts many Day 1 CPT programs.
• Social media vetting for F, M and J visa applicants, including the instruction to set profiles to public.
• The home-country interview rule and the end of most interview waivers (September 2025).
• Travel ban restrictions for nationals of the countries listed in Proclamation 10998.

A separate DHS proposal for new OPT fees (published October 8, 2026) is still only a proposal. See our F-1 student visa guide for the full application picture.

What could happen next

• Appeal: The government can ask the First Circuit to lift or narrow the injunction.
• Merits ruling: The district court could later vacate the rule or rule for DHS.
• New rulemaking: DHS could try to fix the problems the court identified and issue a revised rule.

If the injunction is lifted, the rule could take effect quickly, with transition rules for students already in the US. Keep your SEVIS record accurate and your contact details current with your DSO so you get notices.

J-1 exchange visitors who are also subject to the two-year home residency requirement should read our J-1 212(e) explainer, since that rule applies regardless of this case.

This is general information, not legal advice. If you have a status problem or an unusual program change, talk to your DSO or responsible officer and, if needed, a licensed US immigration attorney.

What to do next

• Keep maintaining status: full course load, accurate address, no unauthorized work.
• Ask your international office how it will notify students if the court order changes.
• Check our updates page and the US hub for the latest on this case.