Updated 09/18/2026

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A federal court blocked DHS’s 2026 rule ending Duration of Status for F-1 and J-1 nonimmigrants. Learn what remains in effect, how long the court order may last, and what an appeal could mean.

The New F-1 Fixed-Period Rule Is Not in Effect

DHS had planned to end the longstanding Duration of Status (D/S) framework for F-1 students and J-1 exchange visitors beginning September 15, 2026.

Under the Final Rule, most F-1 and J-1 nonimmigrants would have been admitted for a fixed period of no more than four years and, when necessary, required to apply for an Extension of Stay.

On September 14, 2026, however, the U.S. District Court for the District of Massachusetts postponed the effective date of the Final Rule under Section 705 of the Administrative Procedure Act in Presidents’ Alliance on Higher Education and Immigration v. DHS.

As a result, the existing D/S system remains in effect.

F-1 and J-1 nonimmigrants are not currently subject to the new four-year admission framework or its related Extension of Stay requirements.

How Long Could the Court Order Last?

There is no fixed expiration date.

The court has not permanently vacated the rule. Instead, it postponed the rule’s effective date while the litigation proceeds. The government may appeal and may seek a stay of the district court’s order.

Importantly, an appeal by itself would not automatically put the new rule into effect. The government would generally need to obtain a stay of the existing order or ultimately prevail on appeal.

As of September 18, 2026, no subsequent court order has restored implementation of the Final Rule.

What Should F-1 Students Do Now?

F-1 students should continue following the existing rules governing maintenance of status, SEVIS compliance, full-time study, CPT, OPT and STEM OPT.

Students in lengthy academic programs, including Ph.D. programs, do not currently need to file an Extension of Stay simply because their programs exceed four years.

Because litigation remains ongoing, students with upcoming travel, transfers, OPT/STEM OPT plans or other significant status changes should continue monitoring developments.

Bottom line: D/S remains in effect today, but the litigation is not over.