In a major development for international students and exchange visitors, a federal court has temporarily blocked the Department of Homeland Security’s new rule eliminating “Duration of Status” for F-1 students, J-1 exchange visitors, and I foreign-media representatives.
The final rule, published by DHS on July 17, 2026, was scheduled to take effect on September 15, 2026. It would have replaced the longstanding D/S admission system with fixed periods of admission. F-1 and J-1 nonimmigrants generally would have been admitted only until the end of their program or for a maximum of four years, whichever was shorter.
On September 14, 2026, one day before the scheduled effective date, the U.S. District Court for the District of Massachusetts issued a preliminary injunction preventing DHS from implementing the rule. Consequently, the rule did not take effect on September 15, 2026.
F-1 and J-1 nonimmigrants should continue to operate under the existing rules. Eligible students and exchange visitors may continue to be admitted for D/S, meaning they generally remain authorized while properly maintaining their status and complying with their academic or exchange program requirements.
The following proposed changes are therefore currently suspended:
Fixed four-year admission periods for most F-1 and J-1 nonimmigrants;
- The proposed 30-day F-1 grace period;
- Mandatory Form I-539 filings connected with certain OPT applications;
- New restrictions on school transfers and changes of academic programs;
- Restrictions on pursuing a second degree at the same or a lower educational level; and
- The 24-month limitation on English-language training.
USCIS’s planned new editions of Forms I-539 and I-765 connected to this rule also did not become mandatory on September 15, 2026, because of the injunction.